>>> "Lesley Ellen Harris" <[log in to unmask]> 03/20/01 05:32PM >>>
FROM THE OFFICES OF LESLEY ELLEN HARRIS

Copyright, New Media Law & E-Commerce News

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Vol. 5, No. 1, March 20, 2001

ISSN 1489-954X

Contents:


    1.. Studies, Legislation and Conventions:
    New Data Privacy Law in Canada

    New U.S. Law Requires Libraries to Filter Internet

    2.. Legal Cases:
    Artist Receives Settlement from Florida Museum

    ComputerWorld Files Complaint Against IT-avisen



    3.. E-Commerce:
    Stephen King's Online Publishing Venture Makes Profit

    Copyright and Online Entertainment Hearing

    4.. Of Interest:
    Speech from the Throne Highlights

    The International Joint Music Venture

    RCMP Launch Online Fraud Site

    5.. Seminars:
    Digital Licensing Seminar in Toronto

    6.. Publications:
Digital Licensing - A Practical Guide for Librarians

The Copyright & New Media Law Newsletter

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Copyright, New Media & E-Commerce News is distributed for free by the office of Lesley Ellen Harris. Information contained herein should not be relied upon or considered as legal advice. Copyright 2001 Lesley Ellen Harris. This newsletter may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that its author is acknowledged and that you cc: [log in to unmask]

This newsletter is archived with the National Library of Canada at:

http://collection.nlc-bnc.ca/100/201/300/copyright/index.html 

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    1.. STUDIES, LEGISLATION AND CONVENTIONS:
    NEW DATA PRIVACY LAW IN CANADA - On January 1, 2001, the Personal Information Protection and Electronic Documents Act (formerly Bill C-6) came into effect. Under the new law, companies and organizations that collect personal data must explain why the information is being collected and how it will be used. There is no requirement to obtain explicit consent from consumers before collecting information. Initially, the Act applies to federally-regulated businesses such as banks and airlines. As of January 1, 2004, the Act extends to the collection, use or disclosure of personal information in the course of "any commercial activity". The text of the Act and an explanation of how the Act will affect businesses are online at http://www.privcom.gc.ca/english/02_06_e.htm.



    NEW U.S. LAW REQUIRES LIBRARIES TO FILTER INTERNET - In December, 2000, the US passed the Children's Internet Protection Act ("CIPA") and the Neighborhood Internet Protection Act ("NCIPA") as part of a major spending bill. The new law, which comes into effect on April 20, 2001, requires schools and libraries to install Internet filtering technology on its computers in order to be eligible for continued government funding. The law goes against the recommendations of the congressionally-appointed COPA Commission, and is being challenged in the courts by the American Library Association and the American Civil Liberties Union.

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    2.. LEGAL CASES:
    ARTIST RECEIVES SETTLEMENT FROM FLORIDA MUSEUM - In St. Petersburg, Florida (U.S.), a federal judge recently approved a settlement between the Florida International Museum and Laurence S. Anderson who says the museum illegally used his illustration of the grand staircase on the Titanic in one of the museum's popular exhibits. The museum will pay Anderson $25,000 US in damages and give him all parts of the staircase exhibit. 

    COMPUTERWORLD FILES COMPLAINT AGAINST IT-AVISEN - ComputerWorld, an online provider of technical and computer news, has filed a complaint against IT-avisen, a Norwegian news provider that uploads articles provided by users to its Web site . ComputerWorld has filed a complaint of copyright infringement based on four of its articles that were uploaded to IT-avisen.

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    3.. E-COMMERCE:
    STEPHEN KING'S ONLINE PUBLISHING VENTURE MAKES PROFIT - Stephen King's novel The Plant, which was sold exclusively on the Internet, has netted the author a tidy profit. King's gross sales totalled $721,000 US, and after deducting composition, design, advertising and Web hosting costs, net profit was $463,000. See http://www.stephenking.com/PlantNumbers_010101.html.

    COPYRIGHT AND ONLINE ENTERTAINMENT HEARING-U.S. Senate Judiciary Committee Chairman Orrin Hatch has called for hearings into the recent legal problems raised by the conflict between copyright law and digital file-sharing technologies such as Napster and MP3.com. The hearing, "Online Entertainment and Copyright Law: Coming Soon to a Digital Device Near You," will be held on April 3, 2001. More information at http://www.newsbytes.com/news/01/162776.html.

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    4.. OF INTEREST
    SPEECH FROM THE THRONE HIGHLIGHTS - On January 30, 2001, Governor General Adrienne Clarkson opened the 37th Parliament of Canada with the Speech from the Throne, which contained a section devoted to culture. The government pledged to improve current copyright legislation, and to "modernize federal privacy law to safeguard the personal information of Canadians and provide better copyright protection for new ideas and knowledge". The government will also provide funds to develop digital content for the Internet, although details of what this money will be spent on were not forthcoming.

    THE INTERNATIONAL JOINT MUSIC VENTURE - SOCAN, The Society of Composers, Authors and Music Publishers of Canada, is partnering with three other rights collectives to found IMJV, the International Music Joint Venture. IMJV's database will contain the four collectives' total repertoire of copyright protected music. The IMJV is a private company owned equally by four partners: SOCAN in Canada, ASCAP (the American Society of Composers, Authors and Publishers) from the U.S.; Buma-Stemra from the Netherlands; and The MCPS-PRS Alliance (Mechanical-Copyright Protection Society and Performing Right Society) from the U.K. Once the IMJV is operational (expected by the second half of 2002), clients will pay both a subscription and a transaction fee to access the IMJV database.

    RCMP LAUNCH ONLINE FRAUD SITE - The Royal Canadian Mounted Police have created a clearinghouse for Canadian online fraud information. The site is designed to raise awareness of fraudulent sites situated anywhere in Canada and builds on an effort by police in Ontario.

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    5.. SEMINARS
    DIGITAL LICENSING SEMINAR - A half day seminar on digital licensing will be held in Toronto, Canada, on April 3, 2001. Participants will be led through a clause-by-clause analysis of a typical licensing agreement. The workshop will examine: licensing arrangements generally; what uses of works can be made through a licensing agreement; sublicenses and secondary rights; moral rights; compensation; duration of a licensing agreement; who owns what; revocation of rights in certain circumstances; credits; and warranties and indemnities. Anyone involved in the use or licensing of digital materials is encouraged to attend. This Digital Licensing seminar has previously been held in Chicago, Los Angeles, Washington DC, Seattle, New York, Phoenix, San Jose (CA), London (England), Calgary, Edmonton, Vancouver, Toronto and Ottawa. To register, go to http://www.acteva.com/go/copyright.

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    6.. PUBLICATIONS

DIGITAL LICENSING: A PRACTICAL GUIDE FOR LIBRARIANS - I am currently writing a book for the American Library Association on Digital Licensing: A Practical Guide for Librarians. The book will address the needs of librarians and others in Canada, the U.S. and around the world, and will contain much practical advice. I am interested in any comments you may have in this area, and I am particularly interested in collecting questions about licensing by librarians and others for anonymous inclusion in the Questions & Answers section of the book. I am also interested in any licenses that you find exemplary in this area. Please submit your questions to: [log in to unmask] and help yourself and others better understand this complicated area of licensing.

THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER - The Copyright & New Media Law Newsletter: For Libraries, Archives & Museums is now in its fifth year of publication, with contributors from around the world and subscribers from 20 countries. The newsletter helps you to keep abreast of important copyright issues and news, and to ensure practical solutions in your everyday activities. 2001 subscriptions are now available from http://copyrightlaws.com or email [log in to unmask] The subscription price includes four print issues, as well as free timely and frequent email alerts. 

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This newsletter is prepared by Lesley Ellen Harris, a Copyright and New Media Lawyer and Consultant. Lesley is the author of the books Canadian Copyright Law (McGrawHill) and Digital Property: Currency of the 21st Century (McGrawHill - see http://www.mcgrawhill.ca/digitalproperty) Lesley can be reached at [log in to unmask], and at http://copyrightlaws.com.

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This LEH-Letter issue was prepared with the help of Beth Davies.

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