Browsing by Subject "copyright"

Now showing 1 - 20 of 23
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    Applying the Fragmented Literal Similarity Test to Musical-Work and Sound-Recording Infringement: Correcting the Bridgeport Music, Inc. v. Dimension Films Legacy
    (Minnesota Journal of Law, Science and Technology, 2013-07-01) Carter, Mark
    Copyright law simultaneously protects recorded music in two distinct ways: as a musical work (i.e. composition) and as a sound recording. Copyright law protects all copyrightable works against unapproved reproduction (i.e., copying). Normally, the substantial similarity standard tests reproduction infringement. A sound-recording sample may be so short as to lack substantial similarity to the musical-work and thus not infringe it. But Bridgeport Music, Inc. v. Dimension Films chucked substantial similarity to hold that the same sample, however short, necessarily infringes the sound-recording reproduction right. This disparate copyright protection between musical works and sound recordings of the same sample has led to the “mashup problem.” Substantial similarity can be broken into two basic types: comprehensive nonliteral similarity and fragmented literal similarity. This paper proposes a framework for applying the fragmented literal similarity test to both musical-work and sound-recording reproduction infringement. First, it describes the framework for musical works based on the innate discretization of musical works as notes. Second, it describes breaking sound recordings into sound snippets and weighs the copied snippets’ quantitative and qualitative values to the copyrighted recording. Third, it outlines applying the framework to Swirsky v. Carey, Bridgeport, and Girl Talk’s sampling recordings.
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    It’s all the same to me!: Copyright, contracts, and publisher self-archiving policies
    (College & Research Libraries News, 2015-12) Sims, Nancy A.
    This article explores how publisher polices that distinguish between differently-formatted versions of an article do not correlate with what copyright law considers to be separate "works". Under copyright law, only substantial differences in -creative expression- will create a separate work; a manuscript has the same copyright as the identical text formatted for printing. Regardless of publisher policies, If authors retain copyright ownership, they can archive any version of an article that they wish.
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    “Kids These Days”… May Know More About Copyright Than You
    (Association of College and Research Libraries, 2019-10) Sims, Nancy A.
    This chapter explores some of the different moral and ethical considerations people bring to issues of copyright, other intellectual property, authorship, ownership, citation, and attribution - and uses that exploration to suggest strategies for sharing information about copyright law that recognize the various interests of different creator and user communities.
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    Library licensing and criminal law: The Aaron Swartz case
    (College & Research Libraries News, 2011-10) Sims, Nancy, A
    Reviews the ways that library licenses for subscription content contributed to criminal charges against activist Aaron Swartz, when he downloaded content from JSTOR on the MIT campus. (Author Note: This piece predates Swartz's death by suicide in 2013.)
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    Lies, Damned Lies, and Copyright (Mis)Information: Empowering Faculty by Addressing Key Points of Confusion
    (Association of College & Research Libraries National Conference, 2011-03) Sims, Nancy A.
    The University of Minnesota Libraries’ Copyright Program surveyed and interviewed faculty, instructors, researchers, librarians, and library employees to document their knowledge of key areas of copyright law that intersect with common academic practices. All respondents were found to have considerable weaknesses and gaps in knowledge around many key issues. The findings show that all campus populations are in need of further education about the complicated issue of fair use. Some of the findings also suggest avenues for improving copyright education efforts, such as targeting misconceptions about the relation of citation to copyright law, and tying instruction on fundamental principles to faculty authors’ ownership interests in their works.
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    Minutes: Faculty Consultative Committee: November 15, 2007
    (University of Minnesota, 2007-11-15) University of Minnesota: Faculty Consultative Committee
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    Minutes: Faculty Consultative Committee: October 18, 2007
    (University of Minnesota, 2007-10-18) University of Minnesota: Faculty Consultative Committee
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    Minutes: Faculty Consultative Committee: October 4, 2007
    (University of Minnesota, 2007-10-04) University of Minnesota: Faculty Consultative Committee
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    Minutes: Faculty Consultative Committee: September 20, 2007
    (University of Minnesota, 2007-09-20) University of Minnesota: Faculty Consultative Committee
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    Minutes: Faculty Consultative Committee: September 27, 2007
    (University of Minnesota, 2007-09-27) University of Minnesota: Faculty Consultative Committee
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    Minutes: Senate Committee on Academic Freedom and Tenure: November 9, 2007
    (University of Minnesota, 2007-11-09) University of Minnesota: Senate Committee on Academic Freedom and Tenure
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    Minutes: Senate Committee on Academic Freedom and Tenure: October 26, 2007
    (University of Minnesota, 2007-10-26) University of Minnesota: Senate Committee on Academic Freedom and Tenure
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    Minutes: Senate Committee on Academic Freedom and Tenure: September 7, 2007
    (University of Minnesota, 2007-09-07) University of Minnesota: Senate Committee on Academic Freedom and Tenure
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    Minutes: Senate Research Committee: September 15, 2008
    (University of Minnesota, 2008-09-15) University of Minnesota: Senate Research Committee
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    My unpublished research was scooped?: Misconduct reveals one way copyright preserves academic values
    (College & Research Libraries News, 2016-06) Sims, Nancy A.
    Through the lens of a case of academic misconduct involving one research group publishing the findings of another, this article explores why U.S. copyright law does not protect data or ideas, and the related concepts of "idea-expression dichotomy" and the "merger doctrine". It also explains how this approach aligns with important values shared by most academics.
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    "Protecting" our works - from what?
    (Rowman & Littlefield, 2017) Sims, Nancy A.
    Academic library workers can be even stronger partners with academic creators by developing fluency in the many different ways copyright, intellectual property, and credit are discussed both within and outside the academy. This chapter explores one focus of that rhetoric: protection.
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    Rights Review: An approach to applying Rights Statements from RightsStatements.org
    (Minnesota Digital Library/University of Minnesota Libraries, 2018-10-09) Bahnemann, Greta; Huber, Molly E; Ring, Sara; Sims, Nancy A.
    An illustration of one possible approach to determining which rights statement (from RightsStatements.org) to associate with a digital object. Developed for use by Minnesota Digital Library Contributors and other cultural organizations. Not intended as legal advice.
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    Rights Review: An approach to applying Rights Statements from RightsStatements.org (2019 version)
    (Minnesota Digital Library/University of Minnesota Libraries, 2019) Bahnemann, Greta; Huber, Molly E; Ring, Sara; Sims, Nancy A.
    An illustration of one possible approach to determining which rights statement (from RightsStatements.org) to associate with a digital object. Developed for use by Minnesota Digital Library Contributors and other cultural organizations. Not intended as legal advice. First edition released in 2018; this edition fully updated for 2019.
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    Rights Review: An approach to applying Rights Statements from RightsStatements.org (2020 version)
    (Minnesota Digital Library/University of Minnesota Libraries, 2020) Bahnemann, Greta; Huber, Molly E; Ring, Sara; Sims, Nancy
    An illustration of one possible approach to determining which rights statement (from RightsStatements.org) to associate with a digital object. Developed for use by Minnesota Digital Library Contributors and other cultural organizations. Not intended as legal advice. First edition released in 2018; this edition fully updated for 2020.
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    Rights Review: An approach to applying Rights Statements from RightsStatements.org (2021 version)
    (Minnesota Digital Library/University of Minnesota Libraries, 2021) Bahnemann, Greta; Huber, Molly E; Ring, Sara; Sims, Nancy
    An illustration of one possible approach to determining which rights statement (from RightsStatements.org) to associate with a digital object. Developed for use by Minnesota Digital Library Contributors and other cultural organizations. Not intended as legal advice. First edition released in 2018; this edition fully updated for 2021.