Copyright Office Roundtable at DePaul

Copyright Office/Infringement Exceptions
Roundtable on Copyright Exceptions
For Libraries, Archives Set for Jan. 31

A Copyright Office study group will hold a roundtable discussion on Jan. 31 in Chicago to assess whether the statutory infringement liability exemptions for libraries and archives should be adjusted. Specifically, the group is considering whether exemptions for copies made for users under interlibrary loan should be expanded to allow digital copying and distribution, whether such copies should be limited for non-text works, and whether the temporary and incidental copying needed for access to digital works should be allowed.

The roundtable will be held Jan. 31, from 8:30 a.m. to 4 p.m., at DePaul University College of Law, Lewis Building, 10th Floor, Room 1001, 25 E. Jackson Boulevard, Chicago.

Study Group Established in 2005

Section 108 of the Copyright Act provides a set of exceptions and limitations aimed at allowing libraries and archives to copy copyrighted works for such purposes a preservation and replacement. In April 2005, a study group was convened to determine whether those exemptions and limitations needed to be amended in light of the widespread use of digital technologies.
In March 2006, the study group held roundtable discussions in Los Angeles and Washington, D.C., on four topics: (1) Whether the definition of the terms “libraries” and “archives” should be limited to non-profit and governmental entities or expanded to “virtual” libraries, museums, and other institutions, and whether exempt libraries should be permitted to outsource activities permitted under Section 108; (2) Whether the three-copy limit at Subsections (b) and (c) of Section 108 should be replaced with a more flexible standard; (3) Whether there should be a new exemption for copying “at risk” published work solely for purposes of preservation, without having to meet the other Subsection (c) requirements; and (4) Whether there should be a new Web site preservation exception. 71 Fed. Reg. 7,999 (71 PTCJ 431, 2/24/06 ; 71 PTCJ 557, 3/24/06 ).
Three Topics for Next Roundtable

Participants in, and those wishing to submit written comments for the Jan. 31 roundtable will be asked to focus on three discussion topics.
Topic A is whether the provisions at Sections 108(d), (e), and (f) for making and distributing copies for library and archive users should be amended to reflect reasonable changes in the way copies are made and used. Eleven specific questions are posed to guide the discussion, including whether the single-copy restriction at Subsections (e) and (d) should be replaced by a more flexible standard, and whether Subsection (d) should be amended to require a showing that a copy of the requested item cannot be obtained otherwise at a fair price.
Topic B is whether Subsection 108(i) should be amended to expand Subsections (d) and (e) to any non-text-based works, or to text-based works that incorporate musical or audiovisual works. Four questions are raised under that topic, including whether the market for non-text-based works would be affected by library and archival copying differently than the market for text-based works.
Topic C involves limitations on access to electronic copies. Specifically, the inquiry is whether Section 108 should be amended to permit libraries and archives to make temporary and incidental copies of digital works in order to provide user access to those works. Also at issue is whether the law permit limited public performance and display in order to allow user access to digital works? Seven questions frame this issue, including whether the European Union model limiting access to dedicated terminals on the archive or library premises is a good one.

MSU IP and Communications Law Roundtable

CONFERENCE ANNOUNCEMENT AND CALL FOR PAPERS

THIRD ANNUAL INTELLECTUAL PROPERTY & COMMUNICATIONS LAW AND POLICY SCHOLARS ROUNDTABLE

Michigan State University College of Law

Friday-Saturday, January 27-28, 2006

Every year, the Intellectual Property & Communications Law
Program at Michigan State University College of Law hosts
an Annual Intellectual Property and Communications Law and
Policy Scholars Roundtable. The event brings together
intellectual property and communications scholars from
around the world to present their works-in-progress. It
provides scholars with a wonderful networking opportunity
and allows them to benefit from advice and guidance offered
by their peers. Past events included participants from
Canada, China, Israel, the United Kingdom, and the United
States. Since there will be no concurrent sessions in this
event, places are limited and will be allocated on a first-
come, first-served basis.

REGISTRATION FEE:

Each participant is responsible for his or her own travel
expenses. There will be a nominal registration fee of $100
to cover meals and other expenses.

FOR FURTHER INFORMATION, CONTACT:

Peter K. Yu
Associate Professor of Law &
Director, Intellectual Property &
Communications Law Program
Adjunct Professor of Telecommunication
Information Studies and Media
Michigan State University College of Law
426 Law College Building
East Lansing, MI 48824-1300
Tel: (517) 432-6908
Fax: (517) 432-6879
Email: MAILTO:peter_yu@msn.com
Website: http://www.peteryu.com

Chicago IP Colloquium

The speakers at the Spring 2006 Chicago IP Colloquium have been announced:

January 24, 2006, Chicago-Kent College of Law, Room TBD
Professor Rebecca Eisenberg, The University of Michigan Law School
Paper: Drug Regulation as Intellectual Property

February 7, 2006, Loyola University Chicago School of Law, Room 354
Professor Robin Feldman, University of California Hastings College of Law
Paper: Rethinking Rights in Biospace

February 21, 2006, Chicago-Kent College of Law, Room TBD
Professor Joseph Liu, Boston College Law School
Paper: Copyright and Consumer-Enabling Technologies

March 28, 2006, Loyola University Chicago School of Law, Room 354
Professor Jessica Litman, Wayne State University Law School
Paper: Sony after Grokster

April 11, 2006, Chicago-Kent College of Law, Room TBD
Professor Greg Lastowka, Rutgers School of Law-Camden
Paper: Digital Attribution: Shifting Information Policy from Copyright to Trademark

April 25, 2006, Loyola University Chicago School of Law, Room 354
Professor Sonia Kaytal, Fordham University School of Law
Paper: Trademark Intersectionality

For more details and contact information: http://www.chicagoip.com/

AALS IP and IT

Section programs at the AALS Annual meeting include:

Intellectual Property and Law and Computers — Thursday, Jan. 5, at 10:30 a.m. (on Grokster)

Art Law — Friday, Jan. 6 at 10:30 a.m. (Art Law and IP)

UPDATE — Law and Anthropology — Friday, Jan. 6 at 1:30 p.m. (Cultural Analysis of IP)

Defamation and Privacy — Friday, Jan. 6 at 10:30 a.m. (Profiling and Data Privacy)

Intellectual Property — Saturday, Jan. 7 at 9 a.m. (Trademarks at the Supreme Court)

AALS IP and IT

Section programs at the AALS Annual meeting include:

Intellectual Property and Law and Computers — Thursday, Jan. 5, at 10:30 a.m. (on Grokster)

Art Law — Friday, Jan. 6 at 10:30 a.m. (Art Law and IP)

UPDATE — Law and Anthropology — Friday, Jan. 6 at 1:30 p.m. (Cultural Analysis of IP)

Defamation and Privacy — Friday, Jan. 6 at 10:30 a.m. (Profiling and Data Privacy)

Intellectual Property — Saturday, Jan. 7 at 9 a.m. (Trademarks at the Supreme Court)

AALS IP and IT

Section programs at the AALS Annual meeting include:

Intellectual Property and Law and Computers — Thursday, Jan. 5, at 10:30 a.m. (on Grokster)

Art Law — Friday, Jan. 6 at 10:30 a.m. (Art Law and IP)

UPDATE — Law and Anthropology — Friday, Jan. 6 at 1:30 p.m. (Cultural Analysis of IP)

Defamation and Privacy — Friday, Jan. 6 at 10:30 a.m. (Profiling and Data Privacy)

Intellectual Property — Saturday, Jan. 7 at 9 a.m. (Trademarks at the Supreme Court)