2. What Are Intellectual Property Rights?
Notes (continued)
13 The Conference on Fair Use was sponsored by the U.S. Department of Commerce Working Group on Intellectual Property Rights and the National Information Infrastructure, chaired by Bruce Lehman, U.S. Patent and Trademark Office. For a copy of the Committee’s final report to Commissioner Lehman, see [http://www.uspto.gov/web/offices/dcom/olia/confu/conclutoc.html].
14 For various assessments and interpretations of CONFU and the impact of the guidelines on the cultural and educational community, see Harper, Copyright Crash Course [http://www.utsystem.edu/ogc/IntellectualProperty/confu.htm] (1997); Christine Sundt, Copyright Information: Copyright and Art Issues [http://oregon.uoregon.edu/~csundt/cweb.htm] (1997); and David Green, "CONFU Continues: Is It Time to Regroup?" NINCH Newsbrief [http://www-ninch.cni.org/News/CONFU_Report.html] (May 23, 1997).
15 See Fair Use Town Meetings and Other Events at [http://www-ninch. cni.org/ISSUES/COPYRIGHT/FAIR_USE_EDUCATION/FAIR_USE_ EDUCATION.html#events] for a list of symposia, meetings, conferences, and lectures, and other fair use educational events that have taken place in the cultural and educational community since CONFU. Among the more prominent of these events was a series of Town Meetings organized by the American Council of Learned Societies, the College Art Association, and the National Initiative for a Networked Cultural Heritage, with financial assistance from the Kress Foundation. These meetings were held "to highlight the CONFU guidelines and their implications for teaching, research, curatorial and scholarly publication, and artistic production and exhibition with digital images, as well as to elicit responses from the community."
16 Lyman Ray Patterson, Copyright in Historical Perspective (Nashville: Vanderbilt University Press, 1968), 222.
17 Ibid., 222—223.
18 Ibid., 224.
19 Ibid., 223.
20 Pamela Samuelson, "Copyright and Digital Libraries," Communications of the ACM 38, no. 4 (April 1995): 16.
21 Ibid., 15—21; 110.
22 William S. Strong, The Copyright Book (Cambridge: MIT Press, 1990), 45.
23 An example of a creative assignment of exclusive rights for philanthropic ends was demonstrated in 1998, when the popular rock band, the Rolling Stones, granted the Public Broadcasting Service (PBS) exclusive rights to sell videotapes of its "1997—1998 Bridges to Babylon Tour" for a seven-month period after the Tour’s television broadcast premiere on PBS. In conveying this exclusive right to PBS at this point in time, the Rolling Stones gave PBS a market advantage by removing competition among sales agents when interest in the videotape would be at its peak. PBS, as sole sales agent for seven months following the premiere, would gain more income from videotape sales than if it was competing for sales with other agents. See Laurie Minlin, "Mick Jagger Tote Bags?" The New York Times (February 4, 1998), B7.
24 Melissa Smith Levine and Lauryn Guttenplan Grant, "Copyrights of the Rich and Famous," Museum News 73, no. 6 (November/December 1994): 48—55.
25 For a schema of the various contexts in which images are created and reproduced, and the possible layers of rights that are associated within each of these contexts, see Jennifer Trant’s article "Exploring New Models for Administering Intellectual Property: The Museum Educational Site Licensing (MESL) Project" [http://www.archimuse.com/papers/jt.illinois.html#intellectual] (1996). Also in Digital Imaging Access and Retrieval. Papers presented at the 1996 Clinic on Library Applications of Data Processing, University of Illinois at Urbana—Champaign, March 1996, ed. P. Bryan Heidorn and Beth Sandore (Urbana—Champaign: University of Illinois at Urbana—Champaign, 1997), 29—41. Also see Christine Sundt’s article entitled CONFU Digital Image and Multimedia Guidelines: The Consequences for Libraries and Educators [http://oregon.uoregon.edu/~csundt/indy.htm] (1997).
26 Maryly Snow of the University of California at Berkeley notes that copyright was once claimed for the use of a digital thumbnail image of a drawing in the public domain that was taken from a slide made from a second- or third-generation photographic reproduction. See her article entitled "Digital Images and Fair Use Web Sites," VRA Bulletin 24, no. 4 (1998): 40—43.
27 Strong, The Copyright Book, 10.
28 Stanley M. Besen and Sheila Nataraj Kirby, Compensating Creators of Intellectual Property: Collectives That Collect, #R-3751-MF (Santa Monica: RAND Corporation, 1989), 3.
29 Ariane Claverie, "The One-Stop Shop and Arguments for or against Individual or Collective Administration of Rights. Minutes, Part 2," European Commission DG XIII Legal Advisory Board Meeting on the Information Society: Copyright and Multimedia, Discussion Panel [http://www.strath.ac.uk/Departments/Law/ diglib/ec/min2.html] (April 16, 1995).
30 Thomas Hoeren, An Assessment of Long-term Solutions in the Context of Copyright and Electronic Delivery Services and Multimedia Products, European Commission Directorate-General XIII E-1 (Luxembourg: Office for Official Publications of the European Communities, 1995), 34—35.
31 See U.S. v. ASCAP, 1940—43 Trade Ca. (CCH) ¶ 56,104 (S.D.N.Y. 1941); U.S. v. ASCAP, 1950—51 Trade Ca. (CCH) ¶ 62,595; U.S. v. BMI, 1940—43 Trade Ca. (CCH) ¶ 56,096 (E.D. Wis. 1941); U.S. v. BMI, 1966 Trade Ca. (CCH) ¶ 71,941 (S.D.N.Y 1996).
32 The practice in France at this time was for actors to employ writers to create theatrical works for them. The actors paid the writers a flat rate for each work.
33 Jean-Loup Tournier, "The Future of Collective Administration of Authors’ Rights," European Commission DG XIII Legal Advisory Board Meeting on the Information Society: Copyright and Multimedia [http://www.strath.ac.uk/ Departments/Law/diglib/ec/tournier.html] (April 16, 1995).
| Chapter 2: What Are Intellectual Property Rights? | |
| A. Intellectual Property Rights in the United States | |
| D. The Complexity of Rights in an Electronic Environment | |
| E. Current Rights Management Methods | |
| F. The Emergence and Perseverance of Rights Management | |
| Notes | |