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Rebecca P. Butler
American Library Association, 2011

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Artistic License
The Philosophical Problems of Copyright and Appropriation
Darren Hudson Hick
University of Chicago Press, 2017
The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral.

Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
 
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Bound by Law?
Tales from the Public Domain, New Expanded Edition
Keith Aoki, James Boyle, and Jennifer Jenkins
Duke University Press, 2008
A documentary is being filmed. A cell phone rings, playing the Rocky theme song. The filmmaker is told she must pay $10,000 to clear the rights to the song. Can this be true? Eyes on the Prize, the great civil rights documentary, was pulled from circulation because the filmmakers’ rights to music and footage had expired. What’s going on here? It’s the collision of documentary filmmaking and intellectual property law, and it’s the inspiration for this comic book. Follow its heroine Akiko as she films her documentary and navigates the twists and turns of intellectual property. Why do we have copyrights? What’s “fair use”? Bound by Law? reaches beyond documentary film to provide a commentary on the most pressing issues facing law, art, property, and an increasingly digital world of remixed culture.

Readers can download a pdf of the book here.

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Compact Copyright
Quick Answers to Common Questions
Sara R. Benson
American Library Association, 2021

Included in Choice's Top 75 Titles and Resources for Community College Libraries

Faculty, students, and colleagues come to you with copyright questions, both simple and complex. And they all want reliable answers—as fast as you can get them. With this guide, designed for ready access, you’ll be prepared to deliver. Lawyer, copyright librarian, and iSchool instructor Benson presents succinct explanations ideal for both on-the-fly reference and staff training. Copyright specialists will appreciate excerpts from the law itself alongside tools and resources for digging deeper. Practical discussions of key legal concepts, illustrated using 52 scenarios, will lead you to fast, accurate answers on a range of topics, such as

  • barriers to using the TEACH Act provisions in content for online teaching;
  • showing a full-length movie in a university class;
  • public domain and the 1998 Sonny Bono Copyright Term Extension Act;
  • your legal options when receiving a DMCA take-down notice;
  • court interpretations of fair use in three key recent cases;
  • Creative Commons licenses, complete with a quick reference chart;
  • library rights to license photographs in a digital collection;
  • using letters under copyright in a special collections display case;
  • a grad student’s right to use in a thesis writing published in their professor’s journal article;
  • applying the implied license option to post historical student dissertations in institutional repositories;
  • the Marrakesh Treaty provision supporting transfer of accessible works internationally; and
  • limiting factors for interlibrary loan.
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Complete Copyright for K12 Librarians and Educators
Carrie Russell
American Library Association, 2023
Particularly in places of learning, technology is all-pervasive; because everyone is always making copies, copyright is center stage. And copyright law, when misapplied or misinterpreted, affects not only the way that you teach but even what you teach. With decades of experience interpreting the intricacies of copyright law as it pertains to librarianship, Russell is the ideal authority to address the concerns of librarians, teachers, and teaching librarians who work in the K–12 environment. Her book will encourage you to stop allowing your fear of copyright issues to limit how and what you share or teach, and instead be more involved in shaping copyright law to better serve your learning community. Through scenario-based discussions, it covers key topics such as
  • the reasons librarians and teachers have so many misconceptions about copyright, and why understanding copyright is a process, not a one-time event;
  • recent legislative and policy developments that impact schools and libraries;
  • situations often encountered by educators, such as using copyrighted material in class assignments, digital lesson plans, bulletin board displays, social media, school plays, and band performances and talent shows;
  • the use of licensed content in a variety of settings;
  • what constitutes "fair use," so that you can be empowered by knowing exactly what's possible within the law; and
  • guidance on making long-term strategic decisions and developing copyright policies.
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Complete Copyright for K–12 Librarians and Educators
Carrie Russell
American Library Association, 2012

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Copyright Conversations
Rights Literacy in a Digital World
Sara Benson
Assoc of College & Research Libraries, 2019

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Copyright, Fair Use, and the Challenge for Universities
Promoting the Progress of Higher Education
Kenneth D. Crews
University of Chicago Press, 1993
The recent lawsuit against Kinko's Copies for copyright infringement has exposed the confusion and heightened the fear of liability surrounding copyright issues in colleges and universities. This volume offers an enlightening explanation of copyright and the ambiguous concept of fair use as they affect and are affected by higher education.

In the first large-scale study of its kind, Kenneth D. Crews surveys the copyright policies of ninety-eight American research universities. His analysis reveals a variety of ways in which universities have responded to—and how they could better manage—the conflicting goals of copyright policies: avoiding infringements while promoting lawful uses that serve teaching and research. He explains in detail the background of copyright law and congressional guidelines affecting familiar uses of photocopies, videotapes, software, and reserve rooms. Crews concludes that most universities are overly conservative in their interpretation of copyright and often neglect their own interests, adding unnecessary costs and obstacles to the lawful dissemination of information.

Copyright, Fair Use, and the Challenge for Universities provides administrators, instructors, lawyers, librarians, and educational leaders a much-needed exegesis of copyright and how it can better serve higher education.
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Copyright Law for Librarians and Educators
Creative Strategies and Practical Solutions
Kenneth D. Crews
American Library Association, 2020

Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared “an exemplary text that seals the standards for such books” (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will

  • learn basic copyright definitions and key exceptions for education and library services;
  • find information quickly with “key points” sidebars, legislative citations, and cross-references;
  • get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important;
  • understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making;
  • learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics;
  • receive guidance on setting up on a copyright service at a library, college, or university; and
  • find many helpful checklists for navigating copyright in various situations.

This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.

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Copyright Law for Librarians and Educators
Creative Strategies and Practical Solutions
Kenneth D. Crews
American Library Association, 2012

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Cutting Across Media
Appropriation Art, Interventionist Collage, and Copyright Law
Kembrew McLeod and Rudolf Kuenzli, eds.
Duke University Press, 2011
In this collection of essays, leading academics, critics, and artists historicize collage and appropriation tactics that cut across diverse media and genres. They take up issues of appropriation in the popular and the avant-garde, in altered billboards and the work of the renowned painter Chris Ofili, in hip-hop and the compositions of Béla Bartók and Zoltán Kodály, and in audio mash-ups, remixed news broadcasts, pranks, culture jamming, and numerous other cultural forms. The borrowing practices that they consider often run afoul of intellectual property regimes, and many of the contributors address the effects of copyright and trademark law on creativity. Among the contributors are the novelist and essayist Jonathan Lethem, the poet and cultural critic Joshua Clover, the filmmaker Craig Baldwin, the hip-hop historian Jeff Chang, the ’zine-maker and sound collage artist Lloyd Dunn, and Negativland, the infamous collective that was sued in 1991 for sampling U2 in a satirical sound collage. Cutting Across Media is both a serious examination of collage and appropriation practices and a celebration of their transformative political and cultural possibilities.

Contributors. Craig Baldwin, David Banash, Marcus Boon, Jeff Chang, Joshua Clover, Lorraine Morales Cox, Lloyd Dunn, Philo T. Farnsworth, Pierre Joris, Douglas Kahn, Rudolf Kuenzli, Rob Latham, Jonathan Lethem, Carrie McLaren, Kembrew McLeod, Negativland, Davis Schneiderman, David Tetzlaff, Gábor Vályi, Warner Special Products, Eva Hemmungs Wirtén

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Exemptions and Fair Use in Copyright
The Exclusive Rights Tensions in the 1976 Copyright Act
Leon E. Seltzer
Harvard University Press, 1978
After decades of professional dissatisfaction and legislative debate, the Congress in 1976 passed a new copyright act to replace the Copyright Act of 1909. In this book, the author focuses upon the meaning of the "exclusive rights" Constitutional language where writers are concerned, and from his analysis, shows how, when copies of an author's work are made under either the fair-use doctrine or a special exemption for library reproduction of copyrighted works, the 1976 Act has failed to solve old problems and has introduced troublesome new ones. A principal contribution of the book is its analysis of the theoretical foundations of copyright and the establishment of a conceptually coherent framework for the continuing debate on the appropriate limits of copyright protection. Of obvious value to the Copyright Bar and the judiciary, it is also a book that authors, literary agents, and publishers will find they need.
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Inherent Vice
Bootleg Histories of Videotape and Copyright
Lucas Hilderbrand
Duke University Press, 2009
In an age of digital technology and renewed anxiety about media piracy, Inherent Vice revisits the recent analog past with an eye-opening exploration of the aesthetic and legal innovations of home video. Analog videotape was introduced to consumers as a blank format, essentially as a bootleg technology, for recording television without permission. The studios initially resisted VCRs and began legal action to oppose their marketing. In turn, U.S. courts controversially reinterpreted copyright law to protect users’ right to record, while content owners eventually developed ways to exploit the video market. Lucas Hilderbrand shows how videotape and fair use offer essential lessons relevant to contemporary progressive media policy.

Videotape not only radically changed how audiences accessed the content they wanted and loved but also altered how they watched it. Hilderbrand develops an aesthetic theory of analog video, an “aesthetics of access” most boldly embodied by bootleg videos. He contends that the medium specificity of videotape becomes most apparent through repeated duplication, wear, and technical failure; video’s visible and audible degeneration signals its uses for legal transgressions and illicit pleasures. Bringing formal and cultural analysis into dialogue with industrial history and case law, Hilderbrand examines four decades of often overlooked histories of video recording, including the first network news archive, the underground circulation of Superstar: The Karen Carpenter Story, a feminist tape-sharing network, and the phenomenally popular website YouTube. This book reveals the creative uses of videotape that have made essential content more accessible and expanded our understanding of copyright law. It is a politically provocative, unabashedly nostalgic ode to analog.

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Owning And Using Scholarship
An Ip Handbook For Teachers
Kevin Smith
Assoc of College & Research Libraries, 2014

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Reclaiming Fair Use
How to Put Balance Back in Copyright
Patricia Aufderheide and Peter Jaszi
University of Chicago Press, 2011
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community.
            This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
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Reclaiming Fair Use
How to Put Balance Back in Copyright, Second Edition
Patricia Aufderheide and Peter Jaszi
University of Chicago Press, 2018
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use.
Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country.
Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
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Smart Copyright Compliance for Schools
Rebecca P. Butler
American Library Association, 2009

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What’s Wrong with Copying?
Abraham Drassinower
Harvard University Press, 2015

Copyright law, as conventionally understood, serves the public interest by regulating the production and dissemination of works of authorship, though it recognizes that the requirements of the public interest are in tension. Incentives for creation must be provided, but protections granted authors must not prevent the fruits of creativity and knowledge from spreading. Copyright law, therefore, should balance the needs of creators and users—or so the theory goes.

Challenging this widely accepted view, What’s Wrong with Copying? disentangles copyright theory from its focus on the economic value of an authored work as a commodity or piece of property. In his analysis of copyright doctrine, Abraham Drassinower frames an author’s work as a communicative act and asserts that copyright infringement is best understood as an unauthorized appropriation of another person’s speech. According to this interpretation, copyright doctrine does not guarantee an author’s absolute rights over a work but only such rights as are consistent with both the nature of the work as speech and with the structure of the dialogue in which it participates. The rights protecting works of authorship are confined to communicative uses of the work and to uses consistent with the communicative rights of others—for example, unauthorized reproduction of a work is lawful when responding to the work requires its reproduction.

What’s Wrong with Copying? offers a new way to interpret and criticize existing copyright law and to think about the relation between copyright and digital technology as well as broader juridical, social, and cultural concerns.

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