RE: Re: Question on liability for falsely asserting copyright pro

From: Brewer, Michael <brewerm[_at_]u.library.arizona.edu>
Date: Tue, 30 May 2006 11:30:01 -0400

This exactly what I had in mind. It is similar to the chilling effect of those selling media asserting that public performance rights are required for any in-class screening of their material. While PPR is clearly not needed for most in class screenings, their assertion that it is has a chilling effect on the use of media in classrooms (as many instructors do not know the law and err on the side of caution).

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm[_at_]u.library.arizona.edu

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Amalyah Keshet Sent: Monday, May 29, 2006 9:35 AM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Question on liability for falsely asserting copyright pro

Dodi is quite right in principle -- but in practice the false assertion has
a chilling effect. It places the (prohibitably expensive) burden of proof
on the end user to prove the false claim of copyright.

IA also NAL.

Amalyah Keshet
Head of Image Resources & Copyright Management The Israel Museum, Jerusalem

• Original Message ----- From: "Dodi Schultz" <SCHULTZ[_at_]compuserve.com>

<snip>

>> ...but are those who assert ownership (thus depriving the public of
>> free access to use that material) liable for that?

Why would making that false assertion about a work in the public domain deprive anyone else? A mere assertion doesn't make something so. The assertion wouldn't actually REMOVE the work from the public domain.

IA a writer, NAL.

--DS

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