copyright management information

From: JQ Johnson <jqj[_at_]darkwing.uoregon.edu>
Date: Fri, 20 Aug 1999 07:27:18 -0700

Last year's DMCA changed US copyright law to create a new set of restrictions on the removal or modification of "copyright management information." Does anyone know of any recent analysis, or even better of actions under this section (1202)?

It seems to me that the law on its face has fairly significant impact on average users of copyrighted material. For example, as I read it, it's now illegal for me to tear out the cover page of a book I own. Would you agree? At issue here is perhaps whether such action can reasonably be expected to conceal or facilitate future infringement of some right.

More to the point, I would like guidance on appropriate ways to comply with the law when making copies of portions of a work. Three scenarios:

1/ I wish to copy a single article from a journal, either for personal study (fair use) or under license (for inclusion in a coursepack). I must now be careful to preserve (i.e. to copy along with the rest of the article) copyright management information such as the title and author, right?

2/ assuming the answer to 1 is "yes", does this copyright management information include material elsewhere in the journal, e.g. on the cover of the journal?

3/ What's the situation when I copy a small portion of an article, e.g. a short quotation for use in criticism under fair use? Must I still preserve the copyright management information?

It seems to me that the inducement of future infringement might actually apply more strongly in cases where one is making a copy of a short section of a larger work. In copying a complete journal article, it seems unlikely that I've induced any future infringement; the article is still obviously an article, and although a future copier would have to put in additional effort to find out who to ask for permission, I don't think I've made it any less likely that they'll know they have to ask. But in the case of a short quotation that might not apply.

JQ Johnson                      office: 115F Knight Library
Academic Education Coordinator  email: jqj[_at_]darkwing.uoregon.edu
1299 University of Oregon       phone: 1-541-346-1746  -3485 fax
Eugene, OR  97403-1299          http://darkwing.uoregon.edu/~jqj/
Received on Fri Aug 20 1999 - 14:28:11 GMT

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