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

I'm sure I got this citation from a CNI post last month... See

The Tale of One Bunny, Copyright Statements, & Public Domain: A Cautionary Tail
Shortcut to:
http://blog.librarylaw.com/librarylaw/2006/03/the_tale_of_one.html This blog is a case study on how copyright and trademark may intersect and affect IP status and,therefore, use.

It begins: "Understanding the line between public domain and copyright is difficult to discern, as described in a post about the This Land is Your Land JibJab controversy. For example, people can't even agree on whether all, part, or none of "Happy Birthday" is protected by copyright or in the public domain. In an upcoming New York University Law Review article, Brooklyn Law School Professor Jason Mazzone calls the claiming of copyright in public domain materials "copyfraud." http://papers.ssrn.com/sol3/papers.cfm?abstract_id=787244

Mazzone's paper contains an interesting discussion of Title 17 USC Section 505 and 506.

Here's another interesting exchange on this topic: ChoralNet -- Copyright soapbox: false copyright http://www.choralnet.org/blog/view.phtml?id=44&show=1&lang=

Bonnie Klein

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Brewer, Michael Sent: Tuesday, May 30, 2006 11:30 AM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Question on liability for falsely asserting copyright pro

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 Received on Tue May 30 2006 - 22:05:45 GMT