ARL Policy Notes
TOMORROW!! Georgia State University Copyright Case: Post-Argument Panel

November 19, 2:00 pm, Rialto Center for the Arts

In 2012, the North Georgia District Court ruled largely in favor of Georgia State University in the ongoing copyright lawsuit initiated by Cambridge University Press, Oxford University Press, and Sage Publishers. The decision was the first federal court decision specifically addressing fair use and electronic reserves. Plaintiff publishers appealed on many points of the ruling.

Oral arguments in the Cambridge v. Becker (GSU Copyright) lawsuit are scheduled for the morning of November 19th at the 11th Circuit Court of Appeals, room 339. Following the arguments, Georgia State University Library and American University Washington College of Law Program on Information Justice and Intellectual Property will host a post-argument panel at 2:00 p.m. in the Rialto Center for the Arts lobby.

Panelists:

  • Brandon Butler, Moderator, Practitioner-in-Residence, Glushko Samuelson IP Clinic, American University, Washington College of Law

  • Tony Askew, Principal, Meunier Carlin & Curfman LLC

  • Jonathan Band, Owner, Jonathan Band PLLC

  • Michael Landau, Professor, Georgia State University College of Law

  • Lisa Macklin, Director, Scholarly Communications Office, Robert W. Woodruff Library, Emory University

  • Steve Schaetzel, Principal, Meunier Carlin & Curfman LLC

  • Bruce Joseph, Partner, Wiley Rein LLP

The panel is free of charge, but registration is required to attend.

There will be a free live webcast of the event at http://www.livestream.com/georgiastate

…the content scholarly publishers create…
Excuse me, Roy Kaufman?

Headline says it all - CCC’s terms may have jumped the shark for many institutions.

Collective Licensing: You Will Be Assimilated!

Collective licensing has been suggested as a possible answer to the most aggravating problems in the copyright system today. Managing orphan works, mass digitization, creating new online services for music and video - each of these challenges could be addressed, we are told, by empowering a single organization (or a set of them) to issue licenses and collect royalties on behalf of all relevant rightsholders. (They could also be addressed, in large part, by rolling back the excesses of the Berne Convention; we can all dream, anyway.)

Not unlike the Borg, a collective rights organization (CRO) assimilates all authors into a collective and offers licenses to use any (or all) of the rights in this collective portfolio. Also not unlike the Borg, CROs often have as part of their duties to prowl the universe looking for users who can be assimilated into their customer base, paying a steady stream of protection money for one of their blanket licenses.

#107. 365. You will be assimilated. Give it up!

So what happens when you deputize a private company to enforce the rights of absent or disinterested authors? Do all authors get paid their fair share? Are users treated fairly? Do collectives run efficiently? A new report from Jonathan Band collects some cautionary tales from the US and abroad that suggest CROs can pose real risks to rightsholders and users alike. As Jonathan writes:

The episodes collected below reveal a long history of corruption, mismanagement, confiscation of funds, and lack of transparency that has deprived artists of the revenues they earned. At the same time, CROs have often aggressively sought fees to which they were not legally entitled or in a manner that discredited the copyright system. While properly regulated CROs in some circumstances enhance efficiency and advance the interests of rights holders and users, policymakers must be aware of this history as they consider the appropriateness of CROs as a possible solution to a specific copyright issue.

Could a CRO like the CCC serve as an honest broker? (Hisses from the audience of librarians.)