Archive for January 2006
King Speech Shackled By Copyright
“It is the time of year when students are taught about the Rev. Martin Luther King Jr.’s 1963 “I Have a Dream” speech, so passionately delivered that his call for freedom changed U.S. history. Once heard, it is impossible to forget.
“But many students won’t get to hear it — and most who do will hear only snippets, educators and historians said. And that, they said, is affecting the legacy of the preeminent civil rights leader, whose life will be honored tomorrow with an annual federal holiday. All of King’s speeches and papers are owned by his family, which has gone to court several times since the 1990s to protect its copyright.”
Valerie Strauss. King’s Fiery Speech Rarely Heard. WashingtonPost.com. Jan. 15, 2006.
See also:
The King Center. Terms of Service and Privacy Policy. No date.
To seek permission to use the intellectual property of Dr. Martin Luther King, Jr., which is owned by the King Estate and which includes right of publicity to his name, likeness and image; his copyrighted words; and his recorded voice; please contact Intellectual Properties Management (IPM), manager of the King Estate. Please send all correspondence to the attention of the Licensing Department, IPM, 449 Auburn Avenue NE, Atlanta, GA 30312, or fax the request to: 404-526-8969, or email any questions to: licensing@i-p-m.com. NOTE: IPM does not provide legal advice in the area of intellectual property law. If your particular circumstance requires the solicitation of a legal opinion, we strongly suggest that you see the advice of an attorney.
Stanford University, The Martin Luther King, Jr., Research and Education Institute. King Papers Project — Copyright Information. No date.
CopyCense. Activists Fight to Save ‘Eyes on the Prize.’ Feb. 3, 2005.
DeNeen L. Brown and Hamil R. Harris. A Struggle for Rights: “Eyes on the Prize” Mired in Money Battle. WashingtonPost.com. Jan. 17, 2005.
Andrew Leonard. Eyes On Your Copyrighted Prize. Salon.com. Jan. 5, 2005.
Katie Dean. Bleary Days for Eyes on the Prize. Wired News. Dec. 22, 2004.
J.D. Mullane. You Need a License to Quote Martin Luther King Jr. phillyBurbs.com. Aug. 27, 2003.
The King Center. CBS News and the Estate of Martin Luther King, Jr. Reach Agreement On Use of Footage of Dr. King’s Speeches. (Press Release) July 12, 2000.
David N. Schachter. MLK Speech At Heart of Copyright Dispute. Denver Business Journal. January 28, 2000.
Legal Information Institute. Estate of Martin Luther King Jr. Inc. v. CBS Inc. (13 F. Supp.2d 1347, 11th Cir. 1999). Nov. 5, 1999.
Update:
American Rhetoric. Martin Luther King, Jr.: “I Have a Dream.” (Attribution: CopyCense first discovered American Rhetoric’s compilation of Dr. King’s “I Have A Dream” speech through Digitization 101, edited by Jill Hurst-Wahl.)
The Patry Copyright Blog. Martin Luther King, Jr. Jan. 17, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
ALA Issues Google Litigation Paper
“The Google Library Project has provoked newspaper editorials, public debates, and two lawsuits. Much of the press coverage, however, confuses the facts, and the opposing sides to the controversy often talk past each other without engaging directly. This paper will attempt to set forth the facts and review the arguments in a systematic manner.”
Jonathan Band. OITP Technology Policy Brief — The Google Library Project: The Copyright Debate. (.pdf, 352 KB) American Library Association. January 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Wikipedia Co-Founder Launches New Venture
“Sometime this month, Larry Sanger and several colleagues will launch what they’re calling the PBS of the Web.
“Known as Digital Universe, the project is an attempt to present a diverse collection of information on just about any topic imaginable. Some will be links to other Web resources, while some will be citizen journalism. But the highest-profile part of the project is likely to be its encyclopedia. And while its entries will be written by the general public, the project is distinguishing itself from Wikipedia by having many entries vetted and certified as accurate by subject-area experts.
“Thus, the Digital Universe will attempt to become the largest and–its founders hope–most reliable, source of freely-accessible, publicly-created information on the Web.”
Daniel Terdiman. Newsmaker: Wikipedia’s Co-Founder Eyes A Digital Universe. News.com. Jan. 6, 2006.
See also:
Jon Udell. Wikipedia, Competition, and The Future. InfoWorld. Jan. 4, 2006.
Evan Hansen. Wikipedia Founder Edits Own Bio. Wired News. Dec. 20, 2005.
Daniel Terdiman. Wikipedia Alternative Aims to be ‘PBS of the Web.’ News.com. Dec. 19, 2005.
Larry Sanger. Why Wikipedia Must Jettison Its Anti-Elitism. Kuro5hin. Dec. 31, 2004.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
ALA Issues DRM Primer
“Not long ago, digital technologies were regarded as being entirely beneficial to the work of librarians, because such technologies were already enabling greater access to collected materials, greater ease and searching or organizing such materials, and greater ability to reproduce and archive creative works, historical documents, scholarly
research, and other important resources. At its heart, this early perception of the usefulness of digital tools remains essentially correct. Nevertheless, the digital revolution has also inspired the development of a range of technological tools and strategies aimed at restricting the ease with which the resources collected and maintained by libraries can be used, circulated, excerpted, and reproduced.
“The primary purpose of this paper is to familiarize librarians, archivists, and others with [digital rights management] and how it works. Secondarily, this paper will outline certain legal and policy issues that are raised by DRM — issues that will continue to have an increasing impact on the ways in which librarians and libraries perform their functions. To put the matter bluntly — understanding the basics of DRM is becoming a necessary part of the work of librarians.”
Michael Godwin. OITP Technology Policy Brief — Digital Rights Management: A Guide for Librarians. (.pdf, 362 KB) January 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Copyright Office Seeks Reply DMCA Comments
The Copyright Office is conducting a rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention of measures that protect access.
As a part of the rulemaking, interested parties were invited to submit comments in November 2005. These comments are available for viewing from our comments page.
The Copyright Office will be accepting reply comments from January 4, 2006, until 5:00 P.M. EST on February 2, 2006. Persons who oppose or support any exemptions proposed in the initial comments now have the opportunity to respond to the proposals made in the initial comments and to provide factual information and/or legal argument addressing whether a proposed exemption should be adopted. Since the reply comments are intended to be responsive to the initial comments, reply commenters must identify what proposed class they are responding to, whether in opposition, support, amplification or correction.
As with initial comments, reply comments should first identify the proposed class, provide a summary of the argument, and then provide the factual and/or legal support for their argument. This format of class/summary/facts and/or legal argument should be repeated for each reply to a particular class of work proposed.
Commenters are strongly encouraged to submit comments well in advance of the deadline to allow sufficient time to correct any format defects and resubmit comments before the deadline.
U.S. Copyright Office. Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works. Jan. 5, 2006.
See also:
U.S. Copyright Office. Comments on Jonathan Band on Behalf of the Library Copyright Alliance and Music Library Association. (.pdf, 69 KB) Dec. 1, 2005.
U.S. Copyright Office. Comments of Brewster Kahle on Behalf of the Internet Archive. (.pdf, 537 KB) Dec. 1, 2005.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Copyright & Chocolate Chip Cookies
“Like most teenagers, Dana Simms and 11 other members of the Tilden Woods Swim Team know more about iPods and Google than about pea pods and kugel. So when they began soliciting recipes for a cookbook to benefit cancer research last summer, they were startled that technology and cooking converged.
“The girls knew the legal concepts from high school, and copyright and intellectual property issues were being drummed into them because of lawsuits on downloading music into MP3 players and iPods. But here were similar issues in the kitchen.”
Joyce Gemperlein. Can a Recipe Be Stolen? WashingtonPost.com. Jan. 4, 2006.
Update:
The Trademark Blog. Can Recipes Be Copyrighted? Jan. 14, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Copyright & Chocolate Chip Cookies
“Like most teenagers, Dana Simms and 11 other members of the Tilden Woods Swim Team know more about iPods and Google than about pea pods and kugel. So when they began soliciting recipes for a cookbook to benefit cancer research last summer, they were startled that technology and cooking converged.
“The girls knew the legal concepts from high school, and copyright and intellectual property issues were being drummed into them because of lawsuits on downloading music into MP3 players and iPods. But here were similar issues in the kitchen.”
Joyce Gemperlein. Can a Recipe Be Stolen? WashingtonPost.com. Jan. 4, 2006.
Update:
The Trademark Blog. Can Recipes Be Copyrighted? Jan. 14, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
COPYCENSE 