LEH Copyright, New Media Law, and E-Commerce Newsletter

Volume 14, No. 4. September 1, 2010 ISSN 1489-954X
Published and Distributed by the Office of Lesley Ellen Harris. 2010 is the 15TH year of publication of the LEH Newsletter. All back issues are archived at http://epe.lac-bac.gc.ca/100/202/300/copyright-a/
1. Studies, Legislation and Conventions
Canadian Copyright Reform Bill U.S. Exemptions from Prohibition against Circumvention of Technological Measures
2. Legal Cases:
Google/YouTube Win Viacom Legal Suit Teaching Materials Subject to a Tariff in Canada Disney Sues “Mookwalks”

3. Of Interest:
Oxford Dictionary in Electronic Form Only?

4. Seminars and Publications:
The Copyright & New Media Law Newsletter
Special Issue on Copyright Jobs Fall 2010 Online Courses Webinar on Licensing Tips

CANADIAN COPYRIGHT REFORM BILL – The Canadian Government introduced Bill C-32, the Copyright Modernization Act, on June 2, 2010. Discussions on this bill will take place in the Fall, 2010. Further information at www.copyrightlaws.com.

U.S. EXEMPTIONS FROM PROHIBITION AGAINST CIRCUMVENTION OF TECHNOLOGICAL MEASURES – On July 27, 2010, the Librarian of Congress announced six classes of works that are now exempt from the prohibition against circumvention of technological measures that control access to copyright-protected works. Details at www.copyright.gov/1201/.
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GOOGLE/YOUTUBE WIN VIACOM LEGAL SUIT – On June 23, 2010, U.S. District Court Judge Louis Stanton ruled in favor of Google that the Digital Millennium Copyright Act (“DMCA”) protects Google-owned YouTube from copyright infringement. Stanton wrote that “mere knowledge of prevalence of [infringing] activity in general is not enough.” The DMCA grants a “safe harbor” to service providers who are not aware of specific copyright infringements and who fix copyright infringements when they learn about them.

TEACHING MATERIALS SUBJECT TO A TARIFF IN CANADA – On July 26, 2010, the Federal Court of Appeal (in Canada) confirmed a Copyright Board of Canada decision after a six-year legal battle. This decision gives Canadian creators and educational publishers the right to receive reasonable compensation for the reproduction of copyright-protected teaching materials that are used in the classroom. See www.accesscopyright.ca.

DISNEY SUES “MOONWALKS” – On August 26, 2010, The Walt Disney Co., Sanrio Co., and DC Comics initiated an action in a federal court in Chicago against a company that supplies inflatable enclosures for children-related events. Chicago Moonwalks is accused of deliberately infringing trademarks and copyrights including Snow White, Cinderella and Ariel, Hello Kitty and Batman. The plaintiffs are seeking destruction of all allegedly infringing products and promotional material, monetary damages of $200,000 for each trademark infringed, $150,000 for each copyright infringed, additional damages as high as $2 million, and three times the profits from each act of infringement, attorney fees and litigation costs.
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OXFORD DICTIONARY IN ELECTRONIC FORM ONLY? – The first edition of the full multi-volume Oxford English Dictionary (“OED”) was published in 1928 and the second edition in 1989. Eighty lexicographers are now preparing the third edition of the OED which will likely be ready in a decade. OED publisher has not yet made a decision as to whether the third edition will be available in printed form, and the decision will be made closer to the time of publication. OED Online is updated every three months with revised and new entries.
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THE COPYRIGHT & NEW MEDIA LAW NEWSLETTER SPECIAL ISSUE ON COPYRIGHT JOBS – The Copyright & New Media Law Newsletter, Volume 2010, Issue 2, is now available in print and PDF. This special issue summarizes interviews with various non-lawyers who work on copyright and licensing issues including librarians, educators, and an employee of Creative Commons and Copyright Clearance Center. This unique publication provides plain English copyright compliance and licensing information aimed at a diverse audience including librarians, educators, government employees, publishers, digital content creators and distributors, and lawyers. The PDF version of this issue only of the Newsletter is available under a Creative Commons license at www.copyrightlaws.com.

FALL ONLINE COURSES – September 27, 2010 is the start date for two online courses. Managing Copyright Issues is a 16 e-lesson course with interaction through a discussion blog. Developing A Copyright Policy is an assignment-based course in which participants draft a copyright compliance policy/guidelines. Register at www.acteva.com/go/copyright. If you are interested in a series of mini online copyright courses on digital copyright issues including Web 2.0, e-publishing, online courses, permissions and licensing e-content, email contact@copyrightlaws.com.

WEBINAR ON LICENSING TIPS – September 16, 2010 is a free webinar for SLA members as part of the quarterly Ask the Copyright Experts: Licensing Tips – 10 Ways to your Comfort Zone When Licensing E-Content. Lesley Ellen Harris will present, followed by a panel with Fred Haber, Copyright Clearance Center, Keith Kupferschmid, Software and Information Industry Association, and Adam Ayer, LicenseLogic. Register at www.sla.org/content/learn/members/webinars/2010/091610CUL.cfm.
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This newsletter is prepared by Copyright Lawyer Lesley Ellen Harris. Lesley is the author of the books Canadian Copyright Law, 3rd ed. (McGraw-Hill), Digital Property: Currency of the 21st Century (McGraw-Hill), Licensing Digital Content: A Practical Guide for Librarians, 2nd ed. (ALA Editions), and A Canadian Museum’s Guide to Developing a Licensing Strategy (Canadian Heritage Information Network). Lesley edits the print newsletter, The Copyright & New Media Law Newsletter. Lesley may be reached at www.copyrightlaws.com.
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If you are looking for further topical and practical information about copyright law, obtain a sample copy of the print newsletter, The Copyright & New Media Law Newsletter, from editor@copyrightlaws.com.

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