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-----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]] Sent: Tuesday, September 09, 2003 8:35 PM To: [log in to unmask] Subject: [Leh-letter] LEH Letter - Copyright, New Media Law & E-Commerce News FROM THE OFFICES OF LESLEY ELLEN HARRIS Copyright, New Media Law & E-Commerce News __________________________________________________________________ __________________________________________________________________ Vol. 7, No. 3, September 9, 2003 ISSN 1489-954X Contents: 1. Studies, Legislation and Conventions: UCITA Abandoned Australian Digital Copyright Review New WIPO Study on Digital Copyright U.S. Bill Gets Tough on Online File Sharing 2. Legal Cases: German Court Affirms Legality of Deep Linking U.S. Court Says Movie Trailers Protected by Copyright 3. Of Interest: Libraries Must Comply with CIPA by July 2004 4. Seminars: Digital Licensing Online __________________________________________________________________ __________________________________________________________________ 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: UCITA ABANDONED - Efforts to enact a nation-wide UCITA (Uniform Computer Information Transactions Act) have been abandoned. The President of the National Conference of Uniform State Laws announced in an August 1, 2003 letter to its' members that it will abandon its' efforts to lobby state legislatures to enact UCITA. UCITA proposes "default rules" for various contracts from software licenses to agreements for online access to databases, images and games. Since 1999, UCITA has only been passed in two states, Maryland and Virginia. Librarians and others have fought strongly against UCITA. AUSTRALIAN DIGITAL COPYRIGHT REVIEW - In consultation with the Australian Attorney-General's Department, issue papers have been prepared by the law firm Phillips Fox to discuss the Australian Government's Digital Agenda copyright reforms. The issue papers deal with: Libraries, Archives and Educational Copying; Carrier and Carriage Service Providers; Technology and Rights; and Circumvention Devices and Services, Technological Protection Measures and Rights Management Information. See the issues papers at: www.phillipsfox.com/whats_on/Australia/DigitalAgenda/DigitalAgenda.asp NEW WIPO STUDY ON DIGITAL COPYRIGHT - The World Intellectual Property Organization (WIPO) has released a study entitled, "WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment." The study, prepared by Sam Ricketson, Professor of Law at the University of Melbourne, examines the limitations of digital copyright protection in conventions such as the Berne Convention and the WIPO Copyright Treaty. The study is available at http://www.wipo.int/documents/en/meetings/2003/sccr/pdf/sccr_9_7.pdf U.S. BILL GETS TOUGH ON ONLINE FILE SHARING - A Bill proposed in Congress by two Democrats would introduce harsh new penalties for online file sharing. The Author, Consumer and Computer Owner Protection and Security Act of 2003 envisions jail time of up to 5 years and fines of up to $250,000 US for uploading a single file to a peer-to-peer network. The Bill would also increase the budget of the justice department to investigate copyright crimes from $10 million to $15 million dollars a year. ________________________________________________________________________ ____ 2. LEGAL CASES: GERMAN COURT AFFIRMS LEGALITY OF DEEP LINKING - The German Federal Court recently held that a news service which provides direct links to online news articles did not violate copyright. The court said that the general interest in the smooth operation of the Web should take priority over publishers' rights, and that, without deep linking, meaningful use of the Internet would not be possible. U.S. COURT SAYS MOVIE TRAILERS PROTECTED BY COPYRIGHT - A U.S. federal court judge in New Jersey has ruled that movie trailers are an art form in themselves, and cannot be streamed on the Internet without permission of the copyright holder. In the case, Video Pipeline v. Buena Vista Home Entertainment, the judge noted that, despite the ruling that trailers are protected by copyright, there was nothing to prevent another company making their own version of a trailer. ________________________________________________________________________ ____ 3. OF INTEREST: LIBRARIES MUST COMPLY WITH CIPA BY JULY 2004 - The U.S. Federal Communications Commission (FCC) has set a deadline of July 1, 2004 for compliance with the filtering provisions of the Children's Internet Protection Act (CIPA). Under CIPA, libraries must install filtering software or be ineligible for e-rate discounts for Internet access or internal communications. The FCC decided to extend the compliance deadline following the ultimately unsuccessful legal challenge to CIPA mounted by organizations including the American Library Association and the American Civil Liberties Union. ________________________________________________________________________ ____ 4. SEMINARS: Digital Licensing Online will be offered for a second time beginning September 22, 2003. Full information on this online 9 week course on digital licensing is at: http://www.acteva.com/go/copyright or 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 Digital Licensing (ALA Editions), Canadian Copyright Law (McGrawHill) 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. ------------------------------------------------- This mail sent through IMP: http://horde.org/imp/ _______________________________________________ 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]