Archive for December, 2006

Experts Share Tips to Tackle Global Copyright

Sunday, December 31st, 2006

Your company is based in the United States with personnel in other countries. All operate under different local copyright laws, yet they all need the same thing—information. Sound familiar?

International copyright is one of the most popular topics raised by our readers, and with good reason. Raising copyright awareness and securing rights for employees across the globe can seem daunting. But copyright experts Lolly Gasaway and Lesley Ellen Harris say there are steps companies can take to tackle the issue head-on.

The basic premise behind how copyright affects the global workforce is straightforward. “Apply the law of the country where the content is being used,” said Harris.

Almost every country has its own copyright laws. While most of those laws are fairly consistent from one country to the next, there are some differences, such as the duration of copyrights, and the extent of exceptions for private use in some countries, fair use in the United States and fair dealing in the United Kingdom, Canada and other countries.

Harris, a copyright lawyer and author, and Gasaway, associate dean for academic affairs and professor of law at the University of North Carolina School of Law, suggest global organizations start addressing international copyright issues by including information in their copyright policies.

In addition, they recommend companies designate an individual who can gather employee questions on the subject and meet with corporate counsel periodically to get answers. Employers can then cover those topics in future educational materials for personnel.

To educate employees in multiple locations, consider e-mail and online presentations, and remember that less is more, said Harris. “I truly believe in keeping it light,” she said. “People are overwhelmed with copyright. They’re scared of it. So give little pieces of information here and there and any practical advice that makes it easier for those that use content.”

Both experts suggested companies make copyright education more interesting by tackling the subject from different angles specific to their organizations, inviting outside presenters to deliver online seminars for employees, and posting FAQs and other information on their intranet sites.

“You’ve got to keep reminding people,” said Gasaway.

Gasaway also recommends that companies consider using a system to organize the copyright licenses they’ve secured on behalf of employees. “Use some sort of database where individuals can easily determine whether there is a licensing agreement and what it permits.”

5 Tips to Boost Employees’ Copyright IQ

Saturday, December 23rd, 2006

Copyright Clearance Center (CCC) customers often tell us about effective steps they’ve taken to educate their employees about copyright. Here are just some of those helpful tips.

1. Add copyright to employee training. Start new employees on the right track by incorporating information about your compliance policy, guidelines and licensing coverage right into your training materials.

2. Lunch and learn. Host an educational lunch for employees and invite your corporate attorney to present an overview on copyright and any licensing systems you’ve set up to allow them to copy and distribute published content lawfully.

3. Train administrative staff. Often administrative employees are asked to photocopy and distribute information or forward content via e-mail. Help them help others by teaching them about what your licensing coverage allows them to do, and how to secure additional rights when needed.

4. Link to title search. If you have an annual license from CCC, your employees may need to search our catalog to check for coverage of a particular journal, newspaper or other work. Make it easy for them to do so by posting a link from your intranet site or by sending them to our title search page.

5. Enroll in free online seminars. If you need help training employees on the right ways to use and share copyrighted content, we can help. Encourage managers to participate in one of CCC’s free online seminars. To request notice of future trainings, contact us.

SIIA Targets Market Research Firm for Infringement

Thursday, December 14th, 2006

The Software & Information Industry Association (SIIA) has targeted a market research firm for allegedly copying and distributing copyrighted content from 130 magazines, newspapers, research reports and other publications without rightsholder consent. Negotiations between the two parties are ongoing in an effort to avoid litigation.

“This organization was copying massive amounts of content for which they should have received licensing, and distributed it in various ways to various people,” said Keith Kupferschmid, SIIA vice president, Intellectual Property Policy & Protection. “More specifically, they were making copies of the content in hard copy and also electronically, and distributing it by e-mail, and posting it on their intranet and internet sites.”

The case involves a 350-employee California market research company with offices throughout the United States and revenues of $30 million. Although a settlement has not yet been reached, Kupferschmid said the company “has been very cooperative.”

This infringement case is part of SIIA’s new Corporate Content Anti-Piracy Program (CCAP) that was developed at the request of SIIA’s members. The trade association serves more than 800 software and publishing companies. The CCAP includes copyright education courses and enforcement initiatives to curtail businesses from using and sharing published material illegally.

“We’re trying to educate companies so that they can understand exactly what they need to do to manage their content and not run the risk of infringement liability,” said Kupferschmid. “Those companies that don’t do that, and have practices of systematic and continuous copyright infringement, are going to find themselves at the other end of an SIIA lawsuit, with SIIA representing the publishers we have as members.”

Beginning January 1st, SIIA plans to offer rewards of up to $1 million for people who report content piracy cases that the association is able to pursue and secure either settlements or damage amounts. Kupferschmid says SIIA is investigating at least one other company for copyright infringement.

Gowers Report Calls for UK Copyright Reform

Saturday, December 2nd, 2006

A newly released independent review of UK copyright law suggests that legislators reform intellectual property law to bring it into the digital age. Andrew Gowers, former editor of The Financial Times, led the government-commissioned study.

“I do not think the system is in need of radical overhaul,” Gowers states in the Gowers Review of Intellectual Property, which was released December 6th. “However, taking a holistic view of the system, I believe there is scope for reform to serve better the interests of consumers and industry alike.”

Among the report’s recommendations, Gowers suggests:

  • Educational provisions for use of content in distance learning
  • An “orphan works” provision to allow the use of content when no rightsholder is found
  • Exceptions for “private copying” of all types of content for research purposes and to allow consumers to shift purchased content across different formats, such as transferring music from a CD to an mp3 player
  • Exceptions for libraries to copy archive materials and to change the format of those copies to sustain archive records

The independent review also called for stronger penalties for online piracy, reduced litigation costs through mediation and other measures, and maintaining the existing 50-year term limit for copyrights on sound recordings.

England is one of several countries that have decided to take a second look at their IP laws, with a particular focus on how they address digital content use. Australia, for example, is now close to passing The Copyright Amendment Bill 2006. Much like Gower’s recommendation to allow format-shifting of purchased content by consumers, Australia’s legislation would also permit that type of personal use.


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