COPYRIGHT TOWN MEETINGS: CLEVELAND Registration Still Open (Sat April 12); NYC Report Now Available on Digital Publishing: the Rights Issues

From: David L. Green <david[_at_]ninch.org>
Date: Thu, 10 Apr 2003 00:03:47 -0400

NINCH ANNOUNCEMENT
News on Networking Cultural Heritage Resources from across the Community
April 8, 2003

PLEASE DISTRIBUTE WIDELY REGISTRATION STILL OPEN NINCH COPYRIGHT TOWN MEETING: CLEVELAND
Copyright for Artists and their Public:
Artists' Rights and Art's Rights
http://www.ninch.org/copyright/2003/cleveland.html

Cleveland Museum of Art
* Saturday April 12, 2003 *

9:30am-4pm

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REPORT NOW AVAILABLE NINCH COPYRIGHT TOWN MEETING: NEW YORK
February 22, 2003
Digital Publishing: the Rights Issues
http://www.ninch.org/copyright/2003/nyc.report.html

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REGISTRATION STILL OPEN NINCH COPYRIGHT TOWN MEETING: CLEVELAND
Copyright for Artists and their Public:
Artists' Rights and Art's Rights
http://www.ninch.org/copyright/2003/cleveland.html

Cleveland Museum of Art
* Saturday April 12, 2003 *

9:30am-4pm

Co-sponsored by the
Case Western Reserve University School of Law Center for Law, Technology and the Arts
Cleveland Museum of Art
Cleveland Intellectual Property Law Association and Americans for the Arts

Free of Charge: Registration Required
http://www.ninch.org/copyright/2003/cleveland.register.html

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Registration is still open for the April 12 Copyright Town Meeting, "Artists' Rights and Art's Rights," hosted by the Cleveland Museum of Art and co-sponsored by the Center for Law, Technology and the Arts at Case Western Reserve University School of Law <http://lawwww.cwru.edu/academic/lta/>, the Cleveland Intellectual Property Law Association and Americans for the Arts.

The meeting focuses on copyright issues that artists and their audiences confront in creating, distributing and/or re-using the arts online.

What has been the impact of the Internet on the creative community and how has copyright law and practice and other legal structures affected what can be done online? Practitioners, lawyers, legal scholars, and a critical commentator on digital copyright law and practice come together to offer their wisdom and experiences to those creating and using the arts online.

After an introductory keynote address by June Besek, in which she reviews copyright basics and current key developments in digital copyright legislation, the meeting will comprise three panels:

• Art & Work: Copyright, Contracts and Work-for-Hire
• Access & Use: Copyright, The Public Domain and the First Amendment
• Artists and Copyright: Experiences Working Online

The meeting will conclude with an open forum with questions, comments and discussion on the issues raised by the presentations.

Confirmed speakers to date include:
* Alberta Arthurs, Arthurs.US

• Mark Avsec, Benesch, Friedlander, Coplan & Aronoff
• June Besek, Executive Director, Kernochan Center for Law, Media and the Arts, Columbia Law School
• Deborah A. Coleman, Hahn Loeser & Parks LLP
• Mark Gunderson, Musician and New Media Artist
• Richard Kelly, Photographer
• Richard Kessler, Executive Director, American Music Center
• Maureen O'Rourke, Professor of Law, Boston University
• Walt Seng, Photographer

Participation is free but registration is required. Register now online at: http://www.ninch.org/copyright/2003/cleveland.register.html

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REPORT NOW AVAILABLE NINCH COPYRIGHT TOWN MEETING: NEW YORK
February 22, 2003
Digital Publishing: the Rights Issues

               http://www.ninch.org/copyright/2003/nyc.report.html

Full and summary reports are now available on "Digital Publishing: the Rights Issues," a NINCH Copyright Town Meeting, hosted and co-organized with the College Art Association and its Committee on Intellectual Property at the CAA conference in New York Feb 22, 2003.

The Metropolitan Museum's Susan Chun explored the expanded universe of digital publishing that ranges from digital versions of known forms to digital-value-added e-journals to totally new forms like image databases. Authors face a bewildering new rights landscape but museums were authors too (as well as rightsholders, publishers and scholars). In trying to understand and regularize digital publication, museums were establishing policies and best practices. But these were still early days, much was fluid and there was "a great deal of space at the table" for scholars and art historians to help formulate new approaches and standards. She urged scholars "to join with us in formulating a new strategy for making our content available to you."

CAA's Legal Counsel Jeff Cunard spoke of how in creating a digital archive of CAA's Art Reviews as part of JSTOR, there was no need to seek permissions as the digital publication was a complete replica of the entire publication (so the Tasini case did not apply)> However new e-publications are demanding rights for potential e-publication. Those rights are hard to get and often apply for three years.

Petra Chu and Peter Trippi, producers of the new e-journal "19th-Century Art Worldwide," cited rights violations the journal has suffered but focused on how they manage the rights issues for images. They include more images than most regular journals, but insisted on authors acquiring erights and paying the fees. They do assist authors, for example by providing a sample request form, but highlighted the burden that young scholars face (with bills of $1500 or more for image fees for a single article)< They called for centralized and standardized image distribution across institutions.

What to do when permission cannot be gained or is refused? Christine Sundt encouraged more aggressive use of fair use and not asking permission when it was a clear fair use and gave a list of still unanswered questions about using material in the public domain or subject to the control of artists' heirs. Siva Vaidhyanathan asked for more breathing room for scholars and cited the experience of many scholars and publishers not publishing material in fear of prosecution.

Kenny Crews aligned these issues and concerns about digital publishing with the underground issues behind the 2002 Teach Act that updates the Copyright Act with regard to what can be legally broadcast via distance education. The Teach Act is a very complicated one and educators are bound by a package of requirements and restrictions. The opportunity offered to exploit the medium and expand distance education was balanced in the Act by an interest in safeguarding future markets for commercial digital publishing.

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Received on Thu Apr 10 2003 - 08:03:47 GMT