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FROM THE OFFICES OF LESLEY ELLEN HARRIS

Copyright, New Media Law & E-Commerce News

Vol. 5, No. 5, December 18, 2001

ISSN 1489-954X

Contents:


    1.. Studies, Legislation and Conventions:
    Internet retransmission changes tabled in Canada

    New Korean online copyright protection law

    Digital copyright treaty to enter into force



    2.. Legal Cases:
    Novelists sue Web Site operator for copyright violation

    French court rules on inalienable moral rights

    Freelance photographers win in German court

    DeCSS site restrictions do not violate First Amendment

    Case against RIAA dismissed

    Prohibition of program does not violate free speech



    3.. Of Interest:
    Canadian Copyright Board sets new private copying levies



    4.. Publications and Web sites:
    New Book: Digital Licensing: A Practical Guide for Librarians

    New edition of "Licensing Digital Resources"


The Copyright & New Media Law Newsletter

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/100/202/300/copyright-a/index.html 


    1.. STUDIES, LEGISLATION AND CONVENTIONS:
    INTERNET RETRANSMISSION CHANGES TABLED IN CANADA - On December 12, 2001, Canadian Heritage Minister Sheila Copps introduced Bill C-48, the Canadian government's proposed amendment to the Canadian Copyright Act's retransmission provision. The applicability of the provision to Internet retransmission is a controversial issue being debated in Canada, the U.S. and elsewhere, with companies such as iCraveTV and JumpTV arguing that an exception to the law should be made for the Internet. The proposed amendment reflects the government's June 22, 2001 Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission License to the Internet (http://strategis.ic.gc.ca/SSG/rp00008e.html), and the Bill is available on the Parliamentary Web site (http://www.parl.gc.ca).

    NEW KOREAN ONLINE COPYRIGHT PROTECTION LAW - A recent article in the Chosun newspaper highlights Korea's new online copyright protection law, which will take effect in July 2002. The article (http://www.chosun.com/w21data/html/news/200112/200112090141.html) highlights remedies such as fines, imprisonment and civil actions as protection against online reproduction.

    DIGITAL COPYRIGHT TREATY TO ENTER INTO FORCE - Gabon's accession on December 6, 2001 to the WIPO Copyright Treaty ("WCT") means that this key treaty will enter into force on March 6, 2002. Administered by the World Intellectual Property Organization ("WIPO"), this treaty protects digital and online content. The WIPO Performances and Phonograms Treaty ("WPPT") is also expected to enter into force in the near future when 30 countries have become party to it (28 to date). Both of these treaties were adopted in 1996 and each one only comes into force when 30 countries adhere to it. For further information, see http://www.wipo.int.


    2.. LEGAL CASES:
    NOVELISTS SUE WEB SITE OPERATOR FOR COPYRIGHT VIOLATION - In Tokyo, Japan, twelve novelists and the Nihon Keizai Shimbun newspaper are suing a Web site owner for copyright violation, and demanding 11.9 million yen in compensation. The Sokudoku Web site sends email summaries of business publications to subscribers, charging 1,500 yen to individuals, and up to 200,000 yen to businesses. Archived summaries are available on the Web site free of charge. The plaintiffs claim that the summaries are used without permission of the authors, and are demanding that the email summaries be discontinued and that the archived summaries be removed from the Web site.

    FRENCH COURT RULES ON INALIENABLE MORAL RIGHTS - A French court recently held that a Web Site designer's right of paternity allows the designer to affix his or her name on all his or her creations, even after an assignment of intellectual property rights. In a case heard by the Commercial Court of Lyon, a Web Site designer employed by Company A indicated Company A's right of paternity on the design of Web sites developed in the course of an employment agreement with Company B. The court held that an employment contract does not necessarily imply a transfer of intellectual property rights, and that an author possesses inalienable moral rights.

    FREELANCE PHOTOGRAPHERS WIN IN GERMAN COURT - The Higher Regional Court of Berlin recently held that it is a violation of a freelance photographer's copyright to reproduce his photos without authorization on a newspaper Web site. The court decided that the freelance photographer's authorization to reproduce the photos in the print newspaper did not include the authorization to publish the photos on the newspaper's Web site.

    DeCSS SITE RESTRICTIONS DO NOT VIOLATE FIRST AMENDMENT - On November 28, a U.S. Court held (in Universal Studios v. Corley) that an injunction to prohibit posting on the Internet, or creating hyperlinks to, DeCSS software did not violate the First Amendment. While the court held that the software, which allows users to decrypt and copy movies on DVDs, is protected by the First Amendment, it also held that the scope of First Amendment protection for decryption code is limited because of its facilitation of illegal access to copyrighted materials. 

    CASE AGAINST RIAA DISMISSED - United States Federal District Court Judge Garrett E. Brown dismissed a lawsuit that Princeton professor Edward W. Felten filed against the Recording Industry Association of America ("RIAA"). Felten claimed that the RIAA tried to prevent him from publishing research about circumventing digital copyright protection systems by threatening him with lawsuits. The RIAA later withdrew its case, leaving Brown to dismiss the lawsuit.

    PROHIBITION OF PROGRAM DOES NOT VIOLATE FREE SPEECH - The United States Court of Appeals for the Second Circuit in Manhattan ruled that the Motion Picture Association of America ("MPAA") was within its rights to prohibit Eric Corley from publishing a program designed to crack DVD copyright safeguards, despite assertions from Corley and advocates that such a measure violated free speech rights.


    3.. OF INTEREST:
    CANADIAN COPYRIGHT BOARD SETS NEW PRIVATE COPYING LEVIES - The Copyright Board announced an increase in private copying levies for blank audio recording media like audiocassettes, CD-ROMs, and Mini Discs. Manufacturers and importers pay these levies to the Canadian Private Copyright Collective (CPCC) when the blank tapes, etc. are sold in Canada. For more information on the new tariffs, visit the Copyright Board's Web site at http://www.cb-cda.gc.ca.


    4.. PUBLICATIONS AND WEB SITES:
NEW BOOK: DIGITAL LICENSING: A PRACTICAL GUIDE FOR LIBRARIANS-Lesley Ellen Harris' new book, published by the American Library Association Editions will be published in January 2002. If you would like a review copy, please email [log in to unmask] Further information will soon be provided on how to purchase this print book.

NEW EDITION OF "LICENSING DIGITAL RESOURCES" - The European Bureau of Library, Information and Documentation Associations ("EBLIDA") has just released a new edition of its "Licensing Digital Resources: How to Avoid the Legal Pitfalls" brochure. The brochure, available in html or pdf formats on the European Copyright User Platform Web site (http://www.eblida.org/ecup/docs/), discusses the issues and pitfalls around negotiating digital licenses for libraries and other institutions. EBLIDA also runs workshops for librarians and others involved in purchasing digital licenses. The next workshop will take place in The Hague on April 12, 2002 - for more details and a registration form, see http://www.eblida.org/conferences/licensing/licensing.htm.

THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER - The Copyright & New Media Law Newsletter is now in its sixth year of publication, with contributors from around the world and subscribers from more than 20 countries. The newsletter helps you to keep abreast of important copyright issues and news, and to ensure practical solutions in your everyday activities. 2002 subscriptions are now available at http://copyrightlaws.com or at http://www.acteva.com/go/handshake.


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.



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

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