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The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
"Copyright law is a critical issue for authors, librarians, publishers, and information vendors. It is also a complex area, with many shades of gray. Librarians continually need to seek answers to questions ranging from the reproduction of copyrighted works for library users, through the performance of audiovisual works, to the digitization and display of protected works on library websites. This book presents updated versions of the author's copyright columns published in Against the Grain, the leading journal in acquisitions librarianship since the late 1990s. The volume is presented in question-and-answer format. The questions are real, submitted by librarians, educators, and other information professionals who have attended the author's copyright law workshops and presentations or submitted them to her by e-mail or telephone. The author has selected the questions and answers that have general applicability. She has then arranged them into logical chapters, each prefaced by a short introduction to the topic. Because it is written in an accessible and clear style, readers may want to review the entire work or they can just access particular chapters or even specific questions as they need them. The volume includes an index to facilitate reference use."--
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.