1. Anne Gilliland, MLS, JD Health Sciences Copyright Management Office copyright@osumc.edu http://go.osu.edu/copyright This presentation is not legal advice, nor is the CMO legal counsel to the university or any members of the university community Cases and Controversies: Current issues in intellectual property law for libraries and librarians

2. A Little Bit About Me Photo by Eric Conrad Background in technical services & systems 15 years at OhioLINK Went to law school in mid-life Hosted by ALCTS The Association for Library Collections and Technical Services

3. Why IP Issues Matter to Libraries Operate within the exceptions of copyright law Content dissemination and production Libraries are interested bystanders and sometimes defendants Hosted by ALCTS The Association for Library Collections and Technical Services

4. A Role for Library Associations Library Copyright Alliance Amicus Briefs Even if Reasonable People Disagree…

5. First, A Poll For You…

6. Some Current Cases and Controversies Bain News Service, http://hdl.loc.gov/loc.pnp/ggbain.12766 Georgia State Litigation UCLA Litigation Golan v. Holder Pre-1972 Sound Recordings Google Book Search Statement on Copyright Reform Costco v. Omega Fair Use Best Practices

7. Cambridge v. Patton (Georgia State) Litigation Photo courtesy of totalAldo Aldo Gonzalez http://www.flickr.com/photos/totalaldo/811180047/ Electronic Reserves at Georgia State Definitions Sovereign Immunity Injunction Three years of pre-trial activity

8. Georgia State: The Saga Continues Photo courtesy of Michael Jessen http://www.flickr.com/photos/michaeljessen/3412084873/ Trial began May 16 The Copyright Clearance Centers role Publishers are asking for: Extreme brevity Very great oversight Stringent limits on re-use across classes

9. Worst Case Scenario Image by voxphoto http://www.flickr.com/photos/vox/4003874628/in/photostream/ Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0)http://www.flickr.com/photos/vox/4003874628/in/photostream/ Hosted by ALCTS The Association for Library Collections and Technical Services

10. UCLA Streaming Video Litigation Hosted by ALCTS The Association for Library Collections and Technical Services

11. Golan v. Holder Hosted by ALCTS The Association for Library Collections and Technical Services

12. Implications for Libraries Hosted by ALCTS The Association for Library Collections and Technical Services

13. Questions?

14. Pre-1972 Sound Recordings Not covered by Federal copyright law Hard to clear rights for digitization Hosted by ALCTS The Association for Library Collections and Technical Services

15. Google Book Search Litigation Photo courtesy of manfrys, Antonio Manfredonio, http://www.flickr.com/photos/manfrys/2226178289/ How it Beganin 2004 Definitions Class action Orphan works Injunction Settlement Rejected in March

16. Whither Google Book Search Litigation? Status conference June 1 Parties alternatives Calls for Copyright Reform

17. Copyright Reform: Is the Time Right? Legal Scholars ARLs Statement Some Basic Features: Hosted by ALCTS The Association for Library Collections and Technical Services

18. Costco v. Omega Image courtesy of C.B. Castro, Christina B. Castro, http://www.flickr.com/photos/cbcastro/294210692/ First Sale Doctrine Lawsuit Proceeds to the Supreme Court Amicus Brief from Library Copyright Alliance

19. Costco v. Omega: Implications for Libraries Hosted by ALCTS The Association for Library Collections and Technical Services

20. Best Practices in Fair Use for Academic & Research Libraries Image courtesy of Steve Rhodes http://www.flickr.com/photos/ari/173696571/ ARL & American University The Best Practices Model A Multi-Year Process April 2010-March 2013 Resource: ARLs Page on the project: http://www.arl.org/pp/ppco pyright/codefairuse/index.s html

21. What Happens Next at the Copyright Office? I mage from http://www.copyright.gov/about.html Register of Copyrights Has Retired

22. Questions?

23. Hosted by ALCTS The Association for Library Collections and Technical Services

24. Hosted by ALCTS The Association for Library Collections and Technical Services

25. Hosted by ALCTS The Association for Library Collections and Technical Services