>>> [log in to unmask] 3/31/03 2:52:45 PM >>> FROM THE OFFICES OF LESLEY ELLEN HARRIS Copyright, New Media Law & E-Commerce News __________________________________________________________________ __________________________________________________________________ Vol. 7, No. 1, April 1, 2003 ISSN 1489-954X Contents: 1. Studies, Legislation and Conventions: WIPO meeting on cultural property Industry Canada releases e-commerce code of practice U.S. Copyright Office posts DMCA exemption comments Copyright amendment bill in force 2. Legal Cases: Norwegian teenager cleared of DVD piracy case Chinese Museum Loses Copyright Suit US court orders ISP to reveal customer identity Japan arrests 2 over pirated DVDs Canadian Supreme Court grants leave in Tariff 22 case 3. Of Interest: British Universities may be sued over music downloads Canada Book Week copyright contests 4. Publications and Web sites: Digital licensing course in NYC Online digital licensing course Copyright Risk Management __________________________________________________________________ __________________________________________________________________ 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 2003 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: WIPO MEETING ON CULTURAL PROPERTY - The World Intellectual Property Office's intergovernmental committee met in December 2002 to discuss the protection of folklore and traditional cultural expressions. Papers included an overview of intellectual property protections for cultural expression, and protection for aboriginal folklore from Australia. See: http://www.wipo.int/globalissues/cultural/index.html. INDUSTRY CANADA RELEASES E-COMMERCE CODE OF PRACTICE - Industry Canada has released the Canadian Code of Practice for Consumer Protection in Electronic Commerce. The Code establishes benchmarks and best practices for companies that sell goods or services to consumers via the Internet. The Code is undergoing pilot testing in a number of sectors, and the reviewed code will be available for endorsement from July to September 2003. The revised Code will be published in the fall of 2003. The code of practice is at: http://strategis.ic.gc.ca/SSI/ca/consumerprotection03.pdf. U.S. COPYRIGHT OFFICE POSTS DMCA EXEMPTION COMMENTS - The U.S. Copyright Office has posted comments it received on exemptions to the Digital Millennium Copyright Act ("DMCA"). See: http://www.copyright.gov/1201/2003/reply/reply1.html. COPYRIGHT AMENDMENT BILL IN FORCE - On March 21, 2003, Bill C-11, An Act to Amend the Copyright Act, came into force. The Bill extends copyright protection in the digital environment, particularly with respect to Internet- based re-transmission. For the text of the Bill, see: http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-11/C- 11_4/90174bE.html. _______________________________________________________________________________ ____________________________________________________ 2. LEGAL CASES: NORWEGIAN TEENAGER CLEARED OF DVD PIRACY CASE - Jon Johansen, known as "DVD Jon", has been cleared of criminal charges relating to DVD piracy in a landmark case. Johansen, then 15 years old, developed and distributed a software program that enabled users to crack a DVD's anti-copying code and copy DVDs without authorization. The prosecution was brought after the U.S.- based Motion Picture Association complained about DeCSS, Johansen's program. Hackers claim that DeCSS, and software like it, is an act of intellectual freedom rather than copyright theft. CHINESE MUSEUM LOSES COPYRIGHT SUIT - The Museum of Chinese Revolution has been ordered to pay an artist's family US$31,000, after it sold copies of the artist's portrait of Mao Zedong without the artist's permission. US COURT ORDERS ISP TO REVEAL CUSTOMER IDENTITY - On January 21, 2003, a US judge ordered Verizon, an Internet Service Provider, to reveal the identity of a subscriber who is suspected of making available hundreds of illegally downloaded songs on his or her Web site. The case was brought under the Digital Millennium Copyright Act's fast track subpoena process, through which Internet service providers can be compelled to turn over subscriber information without requiring a copyright holder to file a lawsuit. Verizon has said that it will appeal the ruling, stating, "It opens the door for anyone who makes a mere allegation of copyright infringement to gain complete access to private subscriber information without the due process protections afforded by the courts." JAPAN ARRESTS 2 OVER PIRATED DVDS - An executive and employee of a computer software retailer in Japan have been arrested on suspicion of selling pirated music DVDs via an Internet auction site. The arrests mark the first time that Japanese police have taken action against people suspected of pirating DVDs. CANADIAN SUPREME COURT GRANTS LEAVE IN TARIFF 22 CASE - The Supreme Court of Canada has granted leave to appeal in the Tariff 22 case. Tariff 22 was proposed by the Society of Composers, Authors and Music Publishers of Canada ("SOCAN") in 1995, and would require Internet Service Providers ("ISPs") that cache music files on their servers to pay royalties to SOCAN members. Last May, the Federal Court of Canada ruled that while ISPs should not be charged simply for carrying files, they should pay royalties when they cached these files. For the Federal Court decision, see http://decisions.fct- cf.gc.ca/fct/2002/2002fct166.html. _______________________________________________________________________________ ___________________________________________________ 3. OF INTEREST: BRITISH UNIVERSITIES MAY BE SUED OVER MUSIC DOWNLOADS - The British music industry is threatening legal action against British universities, who they claim are allowing students to illegally download music files from the Internet via university-provided computer networks. The British Phonographic Industry sent letters to every British university reminding them that unlicensed Internet copying is illegal, and that they will face legal action if they continue to allow students to copy music. Universities argue that they already have conditions of use in place that forbid students to download music illegally. CANADA BOOK WEEK COPYRIGHT CONTESTS - As part of Canada Book Week (April 21- 27, 2003), the Writers' Trust of Canada and Access Copyright is holding copyright contests with book and cash prizes. High school librarians are challenged to create an imaginative project on copyright for students at their school, and high school students can write an original, creative fable or fairy-tale about Canada's copyright law. To read the interesting winning poems and essays from 2003, see: http://www.copyrightlawskids.com. For more about the 2003 competitions, see: http://www.canadabookweek.com/contests.asp. _______________________________________________________________________________ ___________________________________________________ 4. PUBLICATIONS AND WEB SITES: DIGITAL LICENSING COURSE IN NYC - Lesley Ellen Harris is teaching a course on Digital Licensing in NYC on Wednesday May 14, 2003. Full information is at: http://www.nynma.org. ONLINE DIGITAL LICENSING COURSE - For those who cannot make the NYC course, or would prefer to take the course online, Lesley is also teaching an online version, starting April 14, 2003. Full information is at: http://www.acteva.com/go/copyright. The course is primarily geared towards librarians and other licensees but would be appropriate for anyone who needs to know the basics and beyond re digital licensing. This is a 27 lesson course and will be more detailed than the 3 hour in-person course, and includes access to a "private" licensing list serv during the duration of the course. COPYRIGHT RISK MANAGEMENT - Volume 2002, Issue 4, of The Copyright & New Media Law Newsletter, included an editorial on copyright risk management. If you would like a copy of this editorial, please email: [log in to unmask] _______________________________________________________________________________ _____________________________________________________ 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); Digital Licensing: A Practical Guide for Librarians (ALA Editions); and Digital Property: Currency of the 21st Century (McGrawHill). Lesley may be reached at [log in to unmask], and at http://copyrightlaws.com. _______________________________________________________________________________ _____________________________________________________ This LEH-Letter issue was prepared with the help of Beth Davies. _______________________________________________ Leh-letter mailing list [log in to unmask] http://max.listwizards.com/listinfo/leh-letter __________________________________________________________________ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org//membership.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner (Kerri Scannell) at: [log in to unmask]