The Case for Copyright Exceptions and Fair Use

Beneblog: Technology Meets Society

For on January 17, 1984, the Supreme Court of the United States ruled that consumers could tape their favorite TV shows and watch them later without the copyright holder’s consent. Such action, the Court decided, didn’t constitute copyright infringement because it was fair use , that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. copyright law.

Watch Your Content: Protecting Your Website Against Copyright Infringement

Byte Technology

So it’s little surprise that the massive proliferation of online resources has spawned a major problem: protecting website content from copyright infringement in the form of plagiarism or outright theft. As a website owner or administrator, if you haven’t heard of DMCA—the Digital Millennium Copyright Act—you absolutely should be familiar with the groundbreaking legislation. Thankfully, there are preventative measures you can take to protect your web content copyrights.


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Copyright treaty in Geneva Advances!

Beneblog: Technology Meets Society

Bookshare pretty much has been made possible by the Chafee Amendment, a copyright exception provision in U.S. law that made it legal for us to scan just a bout any book without needing to get permissions first. Copyright treaty backing e-books for disabled readers survives US and EU resistance | OUT-LAW.COM WIPO Limitations & Exceptions Treaty Advances. Tags: print disabled blind SCCR18 copyright copyfight SCCR Bookshare WIPO

Upholding The Social Bargain: Bookshare and Copyright Compliance

Beneblog: Technology Meets Society

copyright law. The Section 121 copyright exception (often known as the Chafee Amendment after the Senator who introduced it in 1996) makes it possible for Benetech to scan just about any book and make it available to this community. The publishing industry and disability organizations both agreed on this provision of copyright law. The copyright exception is designed to help only "blind or other people with disabilities."

Fascinating Meeting at the Copyright Office

Beneblog: Technology Meets Society

Last Friday I spent almost two and a half hours in a wide-ranging conversation with Maria Pallante of the Copyright Office (and two other folks whose full names I didn't write down). I would characterize the atmosphere as one of informed and intelligent skepticism on the part of the Copyright Office, with many questions exploring different positions. copyright exemption for serving the print disabled is commonly called the Chafee Amendment: Section 121 of copyright law.

Free Report on Nonprofits and Copyright

Tech Soup Blog

Technology in the Arts recently released an excellent report on copyright law. PICT was in an uncomfortable middle ground: the company used union artists and performed copyrighted works, but lacked the Met's clout. The report is intended primarily for arts and performance organizations, but it has a lot of material that's useful to anyone who works with online media, including great summaries of what is and isn't covered under public domain and fair use.

What is in the Treaty of Marrakesh?

Beneblog: Technology Meets Society

First, it makes creating a national domestic copyright exception an obligation of countries that ratify the Treaty. Second, the Treaty allows for easier import and export of accessible versions of books and other copyrighted works. Countries should enact a domestic copyright exception so that Authorized Entities can make accessible copies of Works without getting permission from the rightsholders. This is satisfied by having a law like the Chafee Amendment in the U.S.,

Why Your Country Should Ratify the Marrakesh Treaty

Beneblog: Technology Meets Society

This historic international copyright exception treaty paves the way for a future in which people who cannot read regular printed materials can have equal access to books, regardless of where they live. It does so by making it legal under copyright to create accessible books without needing to seek permission or (in most countries) paying a royalty. It supports domestic human and civil rights laws around access to information and education. ·

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The Great YouTube Copyright Debate

Beth's Blog: How Nonprofits Can Use Social Media

Note, however, that if you reprint a work and if the copyright is called into question, the burden will fall on you to prove that you "believed and had reasonable grounds for believing that [your] use of the copyrighted work was a fair use," according to the U.S. Copyright Office. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

The Iron Cage of Copyright

Beth's Blog: How Nonprofits Can Use Social Media

strengthens the hold of copyright in our everyday life.??? The concept and mechanisms of licensing are introduced to people who would not previously consider copyrighting their works, and thus possibly commodify their creations. iron cage of copyright??? clamping down culture, as the criticism goes, then schemes like Creative Commons, piggy-backing on top of the copyright system, are inadvertently helping to build that cage.

Disney Mashup on Fairuse and Copyright

Beth's Blog: How Nonprofits Can Use Social Media

via Amalyah Keshet and Wired Magazine " Hijacked Disney Characters Explain Copyright " The ten minute movie, directed by Eric Faden , came out of Stanford University's Fair Use Project Documentary Film Program. Stanford's Fair Use Project--to which Stanford Law professor, Copyright guru, Creative Commons advocate and Wired. Click here to play.

Tribute to My Mentor

Beneblog: Technology Meets Society

Gerry quickly did the legal research and came back to explain that my idea, which seemed like it should be illegal, was 100% permitted under an obscure provision of the copyright law! Using his incredible connections in the legal field, he obtained a chance for the two of us to present to the Copyright Committee of the Association of American Publishers. He had graduated from Georgetown Law School just a couple of years after my dad.

Blogging and the Law

Michael Stein's Non-profit Technology Blog

In general, bloggers might run afoul of claims in any of these areas: Defamation Intellectual Property (Copyright/Trademark) Trade Secret Right of Publicity Publication of Private Facts Intrusion into Seclusion For example, if you blog about technology and provide product reviews, tips, under-the-hood insights, or opinions on various trends or major vendors, you could be accused of almost any of these sins.

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Copyright Doesn’t Have to be All or Nothing: Intellectual Property Rights and Creative Commons

Allegiance Group

Copyright, according to the US government is: a form of protection provided by the laws of the United States (title 17, U. the effect of the use upon the potential market for or value of the copyrighted work. Which definition, you will note, is very vague (even the US Copyright Office admits this). EMI, holder of copyright to the White Album, went ballistic. Resources: Copyright Basics, US Copyright Office - [link].

Fair Use Victory Advances a Future of Accessibility for All

Beneblog: Technology Meets Society

HathiTrust, a unanimous three-judge panel concluded that digitizing books in order to enhance research and provide access to individuals with print disabilities is lawful on the grounds of fair use —that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work ( Section 107 of the U.S. copyright law). In September 2011, the Authors Guild sued the HathiTrust, alleging massive copyright violations.

The Road to Accessibility without Borders: Celebrating the One-Year Anniversary of the Marrakesh Treaty

Beneblog: Technology Meets Society

One year ago, on June 28, 2013, at a diplomatic conference in Marrakesh, Morocco, the World Intellectual Property Organization ( WIPO ) agreed on a historic international copyright exception for people with print disabilities. I have previously written about the top issues addressed by the Treaty , but to recap, the Treaty is a wonderful instrument because it requires exceptions for people who are blind or have other print disabilities in national copyright laws.

Accessibility Excitement in Geneva

Beneblog: Technology Meets Society

This is totally the “how sausage and law are made” view, so don’t read this unless you want to know more about global accessibility in detail! WIPO has a mandate from its member states, and is working to address the need to change laws and get more accessible books flowing. Getting some kind of licensing deal is critically important, because it will take many years for the Marrakesh Treaty to be fully implemented with its copyright exceptions.

Why We're Blacking Out Sites: PIPA and SOPA

Beneblog: Technology Meets Society

The Copyright Alliance had the courtesy of engaging with multiple comments in favor of the proposed bills, but they failed to directly address (either a deliberate omission or because it was a robot) my major concerns about two of our main technology programs: the Bookshare online library (largest in the world for people with print disabilities) and our Human Rights program. And, let's follow up Blackout Day with a campaign to pass laws that protect this critically important resource!

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Commercial Availability: The Poison Pill for Marrakesh Treaty Implementation

Beneblog: Technology Meets Society

That’s the lobbying position of some companies in the intellectual property field when implementing the new Marrakesh Copyright Treaty. In this post, I hope to convincingly make the case why countries ratifying the Marrakesh Treaty should implement copyright exceptions for people with disabilities which do not have these self-clearing provisions, technically called “commercial availability limitations.” copyright exception, which was one of the inspirations for the Marrakesh Treaty.

Share, Use, Remix: An Overview of Creative Commons


Copyright laws can be confusing and so mired in legalese that they're almost incomprehensible. Creative Commons has tried to make copyright law easier to understand and allow content creators to share what they've created, and to allow other people to use the content they've created for their own purposes. 14ntc copyright license creative commons nptech nten Social Media Strategy Web Sites Communications Carly Leinheiser. Associate Attorney.

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Congressional Testimony Statement before the House Committee on the Judiciary Subcommittee on Courts, Intellectual Property, and the Internet

Beneblog: Technology Meets Society

In my prepared statement, I explained why well-balanced intellectual property laws inspire technology innovation and social good, and described how our Bookshare initiative models the good that copyright exceptions can create. To make this possible, we must keep the balance in copyright. With the leverage of technology, and the foundation provided by well thought out intellectual property laws—and a lot of common sense—we can inspire economic growth AND social good.

Breakthrough on Global Access at WIPO in Geneva!

Beneblog: Technology Meets Society

There has been a major breakthrough recently on international copyright negotiations in Geneva around improved access for people who have print disabilities. Answer : • Countries should provide for a copyright exception in their national laws to allow nonprofit organizations serving people with disabilities to make accessible versions of inaccessible books and other content • Import and export of such accessible materials shall be permitted 2.

Poisoning the Treaty for the Blind

Beneblog: Technology Meets Society

law--positions that would be hard for me to imagine passing our Congress. One of the most powerful industries on the planet, which already has loads of treaties and laws protecting its interests, needs to find balance against some of the most economically and information disadvantaged people on the planet? Especially since the Treaty for the Blind, if it were written to actually help the blind, would comply with all of those treaties and laws. Conflicts with American Law.

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Care2 Helps in Law of the Sea Win - Online Fundraising, Advocacy, and Social Media - frogloop


60) Search « Five Tips for Online Fundraisers from a Direct Mail Dinosaur | Main | $100,000 Grant: Polls Still Open in the Peace Primary » Friday Nov 02 2007 Care2 Helps in Law of the Sea Win Friday, November 2, 2007 at 04:40PM | by Eric Rardin Congratulations to Citizens for Global Solutions in their big victory – helping push the Senate Foreign Relations Committee to vote in favor of sending the Law of the Sea Treaty to the full Senate for possible ratification.

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Bookshare’s Status as an Authorized Entity under Section 121

Beneblog: Technology Meets Society

Section 121 of the Copyright Act, also known as the Chafee Amendment (17 U.S.C. Together, these facts should be helpful for educational institutions and their legal counsel in permitting institutions to avail themselves of the services funded by the Department of Education, and to be comfortable with the legality of those services under copyright law. Tags: copyright blind Bookshare Chafee and Linden Labs

Beneblog: Technology Meets Society

This runs so counter to the normal overreaching of trademark and copyright owners, like the NFL's attempt to stop a law professor from posting the snippet from the Super Bowl showing how ridiculous their copy right claims were as explained on Techdirt: DMCA Takedown For Professor Showing How Copyright Owners Exaggerate Their Rights Second Life, the on-line parallel universe, is a controversial topic.

Pod Spruce with Podsafe Music | Beaconfire Wire

Allegiance Group

will keep you on the safe side of copyright law internationally. ??Pod Beaconfire Survey: Favorite YouTube videos privacy policy | sitemap copyright 2009, beaconfire consultingSkip to content Clients Services Portfolio About Us Contact Blog Home > Blog Recent Posts 07/16/2010: The Wisdom of the Old Spice Man 07/12/2010: Is your online campaign going to succeed?

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The Wealth of Networks, Part II

Zen and the Art of Nonprofit Technology

He further says: "If information producers do not need to capture the economic benefits of their particular information outputs, or if some businesses can capture the economic value of their information production by means other than exclusive control … the justification for regulating access by granting copyrights is weakened." Because of this, there in fact might well be negative benefit to copyright, not positive benefit.

What the Creative in 'Creative Commons' Really Means - News and Analysis by PC Magazine

AFP Blog

What the Creative in 'Creative Commons' Really Means - News and Analysis by PC Magazine: "It gives creators who never went to law school the vocabulary they need to work through the copyright system,' says Vaidhyanathan. 'It It lets creators understand that copyright is not one right; it's a bundle of rights. Tags: Copyright NPtech

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Accessible eBooks for Equal Opportunity

Beneblog: Technology Meets Society

Moreover, these accessible books are available for free, since the United States Government funds the Bookshare library to meet requirements in national disability rights and education laws. The Bookshare library is made possible by a copyright exception: Section 121 of the United States Copyright Act, also known as the Chafee Amendment. Students outside the United States are not covered by this national copyright exception, because every country has its own copyright law.

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My remarks just made at WIPO today

Beneblog: Technology Meets Society

Statement of Benetech to the 20th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization June 23, 2010, Geneva, Switzerland • My nonprofit organization, Benetech, operates Bookshare, the largest online library for people with print disabilities, with the mission of bringing accessible books to all people with print disabilities around the world • We have roughly 100,000 members in the U.S.

Authorized Entities Trusted Intermediaries

Beneblog: Technology Meets Society

and similar copyright exceptions as a starting point. and as far as I know, most of the other exceptions) law, there is no approval or authorization by other entities, whether government, publishing industry or the disability consumer organizations. And, if a copyright holder doubts that your organization meets the requirement in making an accessible copy, they are welcome to file a legal complaint of copyright infringement and make the case.

Big Meeting on the Treaty this Week!

Beneblog: Technology Meets Society

The goal of the Treaty is to make a copyright exception for the blind and other people with disabilities that stop them from reading print, and to make import and export of accessible content legal. As the operators of Bookshare in the USA, which was made possible through a great exception in our copyright law here, we would love to make all of our books available to people with qualifying disabilities around the world.

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Why I’m Scared of the SOPA bill

Beneblog: Technology Meets Society

We’re against piracy, and have made commitments to authors and publishers to encourage compliance with copyright law. Bookshare is legal in the United States because our copyright lawincludes an exception that allows nonprofit organizations like Benetech to make accessible versions of books for people with print disabilities without requesting permission or paying a royalty. But, when asked if we know whether or not there are “pirated” copyrighted materials, we can’t say.

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Ratify Marrakesh!

Beneblog: Technology Meets Society

The creation of Bookshare was made possible because of an enlightened copyright law exception. And, that American copyright exception was the inspiration for the Marrakesh Treaty! Because the Marrakesh Treaty was modeled after the Chafee Amendment, as the Section 121 copyright exception is widely known in honor of the senator who proposed it in 1996, only minor changes have been recommended to align U.S. law with the Treaty language.

Towards Global Access for the Print Disabled

Beneblog: Technology Meets Society

A Policy Update from an engineer, Jim Fruchterman of Benetech June 8, 2010 The international copyright negotiations in Geneva around a proposed Treaty for the Visually Impaired (“TVI”) have been steadily heating up. It is narrower than the Treaty, and is not binding as a treaty would be (some call it “soft law” compared to the “hard law” of a treaty). law (this is a wildcard issue right now). and European privacy laws, and so on. • law today. •

Bookshare without Borders: #1/3

Beneblog: Technology Meets Society

We’re grateful to our socially responsible publishing partners who give us world rights to their titles, even though they are not required to do so under international copyright law. We’re also looking forward to scaling Bookshare in India, where there’s now a great opportunity to revolutionize the availability of accessible materials in the wake of the newly passed Indian copyright law.

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10NTC: Freedom for IP's Brian Rowe on Content Sharing

Tech Soup Blog

I caught Brian Rowe 's Sharing Content, Terms of Service, and Copyright Best Practices session today at this year's NTC, which was a great primer for understanding Creative Commons licensing and included information on the Digital Millenium Copyright Act (DMCA) and several other topics.

Just Joined a New Federal Commission!

Beneblog: Technology Meets Society

We have top leaders from the Department, the disability community including students, publishers, the Copyright Office, academia and other experts. The law that Congress passed that directed the creation of the Commission has quite a number of issues we're supposed to work on, including definitions of qualifying students and instructional materials as well as considering what systems might be established to help accessibility be better delivered.

Bringing Millions of Books to Billions of People: Making the Book Truly Accessible

Beneblog: Technology Meets Society

I believe it is a combination of copyright exceptions and business model innovations. For the content of books, this flexibility is expressed in ideas like public domain, when the copyright owned by the author or publisher ends at some point. We have an array of copyright exceptions that cover the activities of archives and libraries, especially fair use and the copyright exception that benefits people with disabilities.

Accessibility and ACTA

Beneblog: Technology Meets Society

Provisions designed to handle copyrighted materials could conflict with fundamental exceptions in copyright law like fair use of copyrighted works and the Chafee Amendment. Do we want people with disabilities, volunteers or teachers losing their internet access without due process because they were handling copyrighted materials in ways that are permitted today in the U.S.?

Read the Fine Print: Who Actually Owns Your Website?

Byte Technology

The old saying goes that possession is nine-tenths the law. Sometimes, with custom site designs that aren’t pulled from existing templates, the designer has the right to copyright said design, which means you may be unable to take it to another designer should you choose and would have to start over from scratch if you decided to make a move. • But when it comes to our virtual online world—especially in the realm of website design and management—that adage doesn’t always ring true.

Mr. Jim Goes to Washington (and New York, and Nairobi, and Seoul, and Kampala, and Boston…)

Beneblog: Technology Meets Society

law needs to change to comply with the treaty (the hope is that these changes are minimal). I had a joint meeting (both Republicans and Democrats) with the key Senate Judiciary Committee staff who are the copyright experts, and learned a lot about the process. She is a University of Minnesota law school professor who was born in Africa and is a terrific advocate for the Treaty and its empowerment of the blind community.