New York SBDC Research Network

While there are a few obvious rules regarding the application of copyright law, reasonable people may disagree about some situations. I tend to take a more liberal approach, so I am recommending these more rigidly positioned entities. Copyright Clearance Center deals with different licensing packages. Ask Before You Act is hot on getting permission for copyrighted material, even things others might consider fair use. The site's put together by the Software & Information Industry Association , the principal trade association for the software and digital content industry, who run a vigorous anti-piracy campaign. Also, Deciding What Information Is Fair to Use .

Parody: copyright infringement or fair use? It depends. One interesting article that my colleague Amelia came across is "Who owns Barbie?; CORPORATIONS ARE SUING ARTISTS OVER POP CULTURE ICONS" by John Petrick, in the September 25, 2005 Sunday Record (Bergen, NJ) "Parody by its nature requires that you make reference to the original. So once something is determined a 'parody,' there's a lot of breathing room," says John Koegle, an attorney who represents artists. Nevertheless, some companies feel they should be able to control any depiction of their work in public life. And in some cases, they have prevailed. There was the 1978 case in which Disney sued an underground cartoonist who depicted Mickey Mouse engaged in various adult behaviors . While the artist argued it was clearly parody - or "fair use" under the law - the court didn't buy it and ruled the images were copyright infringement. In 1994, on the other hand, 2 Live Crew was sued fo...

I attended a workshop last month sponsored by the Capital District Library Council, entitled "Copyright and Digitization for Libraries, Archives, and Museums" by Peter B. Hirtle, the Intellectual Property Officer at the Cornell University Library. Fascinating stuff, copyright in the digital age. One of things Mr. Hirtle always makes clear is something we librarians at the Research Network try to make clear when we address one of your copyright, patent, trademark or similar questions, which is what he calls IANAL - I Am Not A Lawyer. For many of the issues, the issues are not black and white, which leads to litigation. Librarians, as users of protected material, have a certain awareness of their obligations. One of the things I DID NOT KNOW is how digitization makes US, the librarians, the users. Whereas when someone goes to the library and uses the copier, or even uses the librarian as his or her agent, the patron is the user. So you'll be seeing some additional verbiage ...