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Ladataan... The Librarian's Guide to Intellectual Property in the Digital Age: Copyrights, Patents, and TrademarksTekijä: Timothy Lee Wherry
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Napster, CONFU, and the DMCA . . . No, these are not foreign languages but cases, guidelines, and laws that as an information specialist you need to know about. The lessons learned from the Napster case, for example, can help you to put the fine print on intellectual property law into context. This new book by intellectual property expert Timothy Wherry is an authoritative, quick reference for the thorny issues of copyright, trademarks, and patents. With detailed explanations of the various types of intellectual property, how they differ, what they cover, and how the protections affect library Kirjastojen kuvailuja ei löytynyt. |
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Google Books — Ladataan... LajityypitMelvil Decimal System (DDC)346.7304Social sciences Law Private Law North America United StatesKongressin kirjaston luokitusArvio (tähdet)Keskiarvo:
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For example, the discussion of the expiration of copyright term is conflated with the fair use discussion. Wherry states (p.21) that the one sure way to be certain that a work passes the fair use factors is if it has passed into the public domain. This is wrong, and confusing. If a copyright has expired, the work is in the public domain; no copyright applies, and therefore no fair use analysis is even necessary. Here, Wherry is using 'fair use' as a synonym for 'lawful use', which is confusing enough, but elsewhere in the discussion he actually spells out the four fair use factors -- lending the entire discussion a legally sophisticated patina it honestly should not have.
In smaller, more nuanced ways, as well, the discussion can be off. For instance, on page 17 he states that fair use is 'the most important' copyright doctrine for librarians and educators. I get what he's trying to do here, and it's commendable to properly place fair use in the educational canon. The problem is that, for instance, Section 109 (the first sale doctrine) is utterly fundamental to libraries. It just doesn't make sense to try to do a 'most important' comparison, and it will be confusing to someone who's trying to get an accurate, balanced picture of the educational copyright context.
Similarly, statements like 'Note that all four factors carry equal weight in determining fair use' (p.20) are also, to varying degrees, off. For instance, it is widely held in the caselaw, and supported by quantitative research, that the fourth factor is the most important; and the first factor is almost as important, or becoming more important; and the second factor is often stated outright to be of little importance. He's trying to emphasize that the fair use doctrine is a multi-factor test, and what that means, which is good; but he does so with some inaccurate statements.
Unfortunately, as a copyright/fair use attorney and librarian, I cannot recommend this book. ( )