The Complete Copyright Liability Handbook for Librarians and Educators

by Lipinski, Tomas A.

• ISBN13: 9781555705329
• ISBN10: 1555705324
• Format: Paperback
• Copyright: 2006-02-01
• Publisher: Neal Schuman Pub

Summary

Directed to librarians, educators, and network administrators, discusses how to develop a copyright compliant environment, limit exposure, and be in compliance with all laws.

Author Biography

Tomas A. Lipinski serves as co-director of the Center for Information Policy Research at the University of Wisconsin-Milwaukee.

Table of Contents

Series Editor's Introduction	ix
Foreword	xi
Preface	xiii
Why Read This Book?	xiii
Why Worry About Copyright Compliance?	xiii
Copyright Approaches	xv
How to Use This Book	xvi
Acknowledgments	xxv
Glossary of Essential Terms Used in This Book	xxvii
PART I THREE TYPES OF COPYRIGHT LIABILITY
What Is Direct Copyright Infringement?	3	(10)
Introducing the Nuances and Significance of Direct Infringement	5	(1)
Understanding Copyright Infringement in Light of New Technologies	6	(2)
Real-World Examples	8	(1)
Key Points for Your Institution's Policy and Practice	9	(1)
Endnotes	10	(3)
What Is Contributory Copyright Infringement?	13	(32)
Taking Precautions with Technologies that Facilitate Contributory Infringement	14	(10)
Avoiding Encouragement and Facilitation of Infringement	24	(6)
Understanding How Legislative Initiatives Affect the Concept of Facilitation	30	(2)
Keeping Up with Recent Enforcement Initiatives	32	(1)
Real-World Examples	33	(2)
Key Points for Your Institution's Policy and Practice	35	(1)
Endnotes	36	(9)
What Is Vicarious Infringement?	45	(26)
Recognizing Institutional Liability for Employee Actions	46	(2)
Avoiding Strict Liability in Employment Settings	48	(1)
Understanding Premise Liability	49	(8)
Real-World Examples	57	(2)
Key Points for Your Institution's Policy and Practice	59	(1)
Endnotes	59	(12)
PART II PENALTIES AND IMMUNITIES IN COPYRIGHT LAW FOR LIBRARIES AND SCHOOLS
What Are Damages and How Can They Be Limited?	71	(42)
Introducing Monetary Damages	71	(4)
Avoiding Damage Enhancement for Willful Infringement	75	(6)
Understanding Statutory Damage Reduction and Remission	81	(13)
Considering State Immunity in Copyright Law	94	(4)
Real-World Examples	98	(2)
Key Points for Your Institution's Policy and Practice	100	(1)
Endnotes	101	(12)
How Can Libraries and Schools Obtain Immunity?	113	(28)
Ensuring Immunity Under Section 108	113	(14)
Obtaining Immunity for the Production of Temporary Copies	127	(6)
Real-World Examples	133	(2)
Key Points for Your Institution's Policy and Practice	135	(1)
Endnotes	136	(5)
What Is the Section 512 Safe Harbor?	141	(46)
Understanding the Concept of Safe Harbor	142	(4)
Further Advantages of the Safe Harbor	146	(8)
Recognizing the Relationship Between Copyright Law and the Safe Harbor	154	(5)
Identifying the Basic Requirements of Section 512	159	(11)
Real-World Examples	170	(2)
Key Points for Your Institution's Policy and Practice	172	(1)
Endnotes	173	(14)
PART III THE IMPACT OF THE DIGITAL MILLENNIUM COPYRIGHT ACT ON LIBRARY AND EDUCATIONAL ENVIRONMENTS
How Should Libraries and Schools Respond to Claims of Infringement?	187	(44)
Making Sense of the Registered Agent Requirement of Section 512(c)	187	(13)
Identifying the Two Forms of ``Notice''	200	(6)
Avoiding Receipt of Financial Benefit in Post and Link Scenarios	206	(4)
Responding to Section 512 Subpoenas	210	(7)
Real-World Examples	217	(1)
Key Points for Your Institution's Policy and Practice	218	(3)
Endnotes	221	(10)
What Is Different About Section 512 in Higher Education?	231	(34)
Complying with Section 512 at Academic Institutions	231	(9)
Combating Over-Zealous Use of Section 512	240	(4)
Obtaining Immunity for Infringement Claims Not Based in Copyright	244	(8)
Real-World Examples	252	(2)
Key Points for Your Institution's Policy and Practice	254	(2)
Endnotes	256	(4)
Appendix to Chapter 8: Liability Limitation Table for Online Materials	260	(5)
What About Technological Protections on Copyright Under Section 1201?	265	(38)
Understanding the Anti-Circumvention and Anti-Trafficking Rules	267	(2)
Avoiding the Trafficking of Circumvention Devices	269	(7)
Qualifying for the Right to Circumvent in Libraries and Educational Settings	276	(11)
Real-World Examples	287	(2)
Key Points for Your Institution's Policy and Practice	289	(3)
Endnotes	292	(11)
PART IV THREE WAYS LIBRARIES AND SCHOOLS CAN LIMIT THEIR EXPOSURE
What Must Be Done to Legally Reproduce and Distribute Copyrighted Materials in the Library?	303	(20)
Background	304	(5)
Required Copyright Warning Notice in Conjunction with Interlibrary Loan and Library Reproduction Services	309	(2)
Required Copyright Warning Notice for Reproduction Equipment: A Review	311	(2)
Real-World Examples	313	(2)
Key Points for Your Institution's Policy and Practice	315	(1)
Endnotes	316	(7)
What About the Circulation of Copyrighted Software?	323	(14)
Understanding Distribution Rights in the Library	324	(4)
Required Copyright Notice for Circulation of Software	328	(3)
Real-World Examples	331	(1)
Key Points for Your Institution's Policy and Practice	332	(1)
Endnotes	333	(4)
What's Different About Copyright Compliance for Distance Education Programs?	337	(20)
Identifying Permissible Transmission of Copyright Materials in Distance Education	338	(3)
Complying with New Analog and Digital Copyright Compliance Requirements for Distance Education	341	(3)
Learning About Further Digital Compliance Requirements	344	(3)
Real-World Examples	347	(2)
Key Points for Your Institution's Policy and Practice	349	(2)
Endnotes	351	(6)
Afterword: Final Thoughts About Liability, Immunity, and Risk Assessment in Copyright Law	357	(44)
PART V COMPLIANCE TOOLS FOR SCHOOLS AND LIBRARIES
Tool 1: A Copyright Compliance Audit	363	(14)
Tool 2: Implementation Checklist for Section 512 Registered Agents	377	(6)
Tool 3: Sixteen Sample Copyright Policies	383	(18)
Index: Cases	401	(4)
Index: Subject	405	(8)
About the Author	413