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>>> "Lesley Ellen Harris" <[log in to unmask]> 2/15/02 11:16:26 AM >>>
FROM THE OFFICES OF LESLEY ELLEN HARRIS

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Vol. 6, No. 1, February 15, 2002

ISSN 1489-954X

Contents:

1.. Studies, Legislation and Conventions:
Canadian privacy legislation meets E.U. standards

E.U. adopts resale rights directive

E.U. imposes V.A.T. on on-line purchases.

2.. Legal Cases:
Dutch newspapers sue clipping services

Xerox sued for copyright breach

Thumbnail images do not breach copyright

3.. Of Interest:
SFU uncovers cheating students

Copy-protected CDs unveiled

"Creative commons" initiative announced

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

Online digital licensing course

Seminars on digital licensing and fair use

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 2002 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

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1.. STUDIES, LEGISLATION AND CONVENTIONS:
CANADIAN PRIVACY LEGISLATION MEETS EU STANDARDS - The European Union ("EU") has included Canada on a list of countries whose legislation meets the adequacy standard set out in the EU data privacy directive. For the Commission approval, see http://europa.eu.int/eur-lex/en/dat/2002/l_002/l_00220020104en00130016.pdf.

E.U ADOPTS RESALE RIGHTS DIRECTIVE - Under a new European Union directive, creators of original works of art will receive a percentage of a work's selling price when it is resold in EU countries. The directive allows artists to receive a benefit when their work is resold at a profit by auctioneers, galleries and other art dealers. This right does not exist in the U.S. or Canadian copyright statutes. The full text of the directive is at http://europa.eu.int/comm/internal_market/en/intprop/news/resale_en.pdf.

EU IMPOSES VAT ON ONLINE PURCHASES - The European Union is planning to introduce a law to impose a sales tax on purchases of software, music, and other goods bought via the Internet. See: http://www.newsbytes.com/news/02/174395.html.

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2.. LEGAL CASES:
DUTCH NEWSPAPERS SUE CLIPPING SERVICES - The major Dutch newspapers have initiated legal action against three electronic newspaper clipping services. The suit claims that the services scan the newspapers for articles, archive them in a database, and then sell access to the public. After unsuccessful negotiations between the parties, the publishers initiated the lawsuit.

XEROX SUED FOR COPYRIGHT BREACH - Xerox is being sued for allegedly duplicating and distributing software developed by the University of Texas. See: http://seattletimes.nwsource.com/html/businesstechnology/134403480_bizbriefs12.html.

THUMBNAIL IMAGES DO NOT BREACH COPYRIGHT - A U.S. federal appeals court ruled that Web sites can reproduce and post thumbnail images of copyright protected photos. In Kelly v Arriba Soft Corp., the court also held that displaying a full-sized image violates the artist's exclusive right to display his or her own work. See: http://www.newsbytes.com/news/02/174326.html.

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3.. OF INTEREST:
SFU UNCOVERS CHEATING STUDENTS - Simon Fraser University in British Columbia (Canada) revealed "unprecedented" plagiarism last month. A total of 47 students in a business statistics course were sent letters recommending that they fail the course, after they submitted identical papers. Rob Clift, director of the Confederation of University Faculty Associations of BC, said that the growing problem involved "kids plagiarizing off the Internet and buying ready-made essays."

COPY-PROTECTED CDS UNVEILED - More than 10 million copy-protected CDs have been released to North American and European markets by Midbar, an Israeli security company. The experimental technology prevents the CDs from being copied without their sound being altered. It is unclear how many of the CDs have actually been sold.

"CREATIVE COMMONS" INITIATIVE ANNOUNCED - Stanford Law School professor, Lawrence Lessig, plans to launch a "creative commons" in May 2002. The scheme will provide artists, writers and others with free, customizable intellectual property licenses, and also act as a kind of rights clearinghouse.

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4.. PUBLICATIONS AND WEB SITES:
DIGITAL LICENSING: A PRACTICAL GUIDE FOR LIBRARIANS PUBLISHED - Lesley Ellen Harris' new book, Digital Licensing: A Practical Guide for Librarians has just been published by the American Library Association. The book contains practical information on licensing digital content for use in the library and on selling rights to images, databases or other information owned by the library. For more information, see http://copyrightlaws.com.

ONLINE DIGITAL LICENSING COURSE - Lesley Ellen Harris, in conjunction with the American Library Association, is instructing an online course in digital licensing. For more information, contact Chiffonya Brown or Carrie Russell at A.L.A.'s Washington Office, 1-800-941-8478, or email Chiffonya at [log in to unmask]

SEMINARS ON DIGITAL LICENSING AND FAIR USE - Copyrightlaws.com is pleased to announce seminars on digital licensing and fair use, taking place in Seattle and Los Angeles in March 2002. The seminars will be taught by Fred Silber, a Seattle-based copyright attorney. For more information, or to register for the courses, see http://www.acteva.com/go/copyright.

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.

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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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