Fair Use. The "fair use" doctrine in copyright law is unique to United States and Philippines, though a similar principle of fair dealing, exists in some common law jurisdictions.

The "fair use" doctrine in copyright law is unique to United States and Philippines, though a similar principle of fair dealing, exists in some common law jurisdictions.

The copyright principle of fair use allows the public to copy works without having to ask permission or pay licensing fees to copyright holders.

There is no single test to determine what constitutes "fair use"; therefore, every case should be treated uniquely as particular circumstances and interpretations of the law can be quite diverse. Court rulings have generally given more leeway to uses that are for academic purposes, especially if revenues are not part of the instructional artifact.

Fair use allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.

Fair use provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

Fair use is based on free speech rights provided by the First Amendment to the United States Constitution.

United States trademark law also incorporates a "fair use" defense. While the names are the same, the doctrines are quite different.

Common misinterpretation and confusion regarding the scope of fair use doctrine:

Way back in 1841, Justice Story analyzed fair use in Folsom v. Marsh, 9 F. Cas. 342 (C.C.D. Mass. 1841), where he stated, "look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work." This codified in the Copyright Act of 1976 in § 107 as follows:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

It is possible to quote from a copyrighted work in order to criticize or comment upon it.

A teacher may print a few copies of a poem to illustrate a technique and will have no problem on all four of the above factors though amount and substantiality does matter.

A book reviewer who quotes a paragraph as an example of the author's style will probably fall under fair use even though he may sell his review commercially. But a non-profit educational website that reproduces whole articles from technical magazines will probably be found to infringe if the publisher can demonstrate that the website affects the market for the magazine, even though the website itself is non-commercial.

In Suntrust v. Houghton Mifflin Co., 252 F. 3d 1165 (11th Cir. 2001), the United States Court of Appeals for the Eleventh Circuit against the owner of Margaret Mitchell's Gone with the Wind, vacated an injunction prohibiting the publisher of Alice Randall's The Wind Done Gone from distributing the book. The principle was that the creation and publication of a carefully-written parody novel in the United States counts as fair use. The court followed the previous United States Supreme Court decision in Campbell v. Acuff-Rose Music, Inc. which ruled that 2 Live Crew's unlicensed use of the bass line from Roy Orbison's song "Oh, Pretty Woman" constituted fair use under copyright law and extended that principle from songs to novels and is binding precedent in the Eleventh Circuit.

The Supreme Court of the United States ruled in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), that fair use is an affirmative defense to copyright infringement. This means that if the defendant's actions do not constitute an infringement of the plaintiff's rights (for example, because the plaintiff's work was not copyrighted, or the defendant's work did not borrow from it sufficiently), fair use does not even arise as an issue. However, it also means that, once the plaintiff has proven (or the defendant concedes) that the defendant has committed an infringing act, the defendant then bears the burden of proving in court that his copying should nonetheless be excused as a fair use of the plaintiff's work.

Because of this defendant's burden of proof, some copyright owners frequently make claims of infringement even where the fair use defense would ultimately succeed.

This is done by the copyright owners so that the user will refrain from the use rather than spending resources in his defense. This type of frivolous lawsuit is part of a much larger problem in First Amendment law.

Authors may seek a license even for uses that copyright law ostensibly permits without liability as paying a royalty fee may be much less expensive than having a copyright suit that threatens the publication of a completed work

'"The fact that parody can claim legitimacy for some appropriation does not, of course, tell either parodist or judge much about where to draw the line. Like a book review quoting the copyrighted material criticized, parody may or may not be fair use, and petitioner's suggestion that any parodic use is presumptively fair has no more justification in law or fact than the equally hopeful claim that any use for news reporting should be presumed fair." Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).

The authors or the publishers of parodies of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use.

The fair use cases addressing parodies distinguish between parodies that use a work in order to ridicule or comment on the work itself, and satires that use a work to ridicule or comment on something else.

Courts have been more willing to grant fair use protections to parodies than to satires, but the ultimate outcome in either circumstance will turn on the application of the four fair use factors.

In Campbell v. Acuff-Rose Music, Inc. (1994), the Supreme Court recognized parody as a fair use, even when done for profit. Roy Orbison's publisher, Acuff-Rose Music Inc., had sued 2 Live Crew in 1989 for their use of Orbison's "Oh, Pretty Woman" in a mocking rap version with altered lyrics. The Supreme Court viewed 2 Live Crew's version as a ridiculing commentary on the earlier work, and ruled that when the parody was itself the product rather than used for mere advertising, commercial sale did not bar the defense.

The Campbell court also distinguished parodies from satire, which they described as a broader social critique not intrinsically tied to ridicule of a specific work, and so not deserving of the same use exceptions as parody because the satirist's ideas are capable of expression without the use of the other particular work.

In a more recent parody case, Suntrust v. Houghton Mifflin, a suit was brought unsuccessfully against the publication of The Wind Done Gone, which reused many of the characters and situations from Gone with the Wind, but told the events from the point of view of the slaves rather than the slaveholders. The Eleventh Circuit, applying Campbell, recognized that The Wind Done Gone was a protected parody, and vacated the district court's injunction against its publication.

Website inline linking and fair use

Kelly v. Arriba Soft Corporation, provides and develops the relationship between thumbnails, inline linking and fair use.

In the lower District Court case on a motion for summary judgment Arriba Soft was found to have violated copyright without a fair use defense in the use of thumbnail pictures and inline linking from Kelly's website in Arriba's image search engine. That decision was appealed and contested by Internet rights activists such as the Electronic Frontier Foundation, who argued that it is clearly covered under fair use.

On appeal, the 9th Circuit Court of Appeals found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003.

Fair use and trademark law
The fair use defense in trademark law is based on similar principles as the doctrine under copyright, such as free speech, but
with different exceptions. Fair use is consistent with the more limited protection granted to trademarks, generally specific only
to the particular product market and geographic area of the trademark owner.The less distinctive or original the trademark, the
less able the trademark owner will be to control how it is used.

Most trademarks are adopted from words or symbols already common to the culture, as Apple Computer is from apple,
instead of being invented by the mark owner (such as Kodak). Courts have recognized that ownership in the mark cannot
prevent others from using the word or symbol in these other senses, such as if the trademark is a descriptive word or common
symbol such as a pine tree.

A trademark may be used by nonowners nominatively to refer to the actual trademarked product or its source but not in a way
that would be likely to confuse consumers about the source of their product.

Harry Potter and the Order of the Court: The J.K. Rowling Copyright Case and the Question of Fair Use by Robert S. Want - Oct. 2008 - What is the meaning of intellectual property in a world of rapidly evolving media forms? How do owners protect their intellectual property? In sharing it, how do they preserve their rights? What constitutes fair Use of the fruits of someone else s genius? What allowances should be made to ensure the free flow of information to citizens and scholars?
In Robert S. Want's remarkable and wonderfully named new book, Harry Potter and the Order of The Court, the reader can explore all these intriguing issues in a unique and fascinating context: a recent litigation that Harry Potter series author J. K. Rowling initiated against RDR Books to prevent them from marketing or selling a planned book: The Harry Potter Lexicon, a sort of Potter encyclopedia assembled by Steven Vander Ark.
The case was complicated by a variety of factors, including the fact that RDR alleged the Lexicon was a print version of The Harry Potter Lexicon website, one of the many sites on the internet that Potter fans can currently access for free. Then there was the fact that J. K. Rowling had encouraged such websites and in fact had been quoted positively in reference to this particular site.
In fact, Mr. Want's fascinating account of this complex litigation -- which brought literary fantasy, legal reality, and the contending interests of creative ownership and scholarly privilege into the courtroom -- focuses its attention on the central issue of "Fair Use."
The adventures of Harry Potter may be at an end, but the struggle to define the Fair Use fair doctrine as it applies to many kinds of intellectual property (music, literature, software, web pages, etc.) is likely to continue unabated as media forms continue evolve faster than the law can corral and police their use. Future cases will be decided one at a time, as courts review the Fair Use principles and case law already established, but also apply the subjective judgments and moral instincts that may be appropriate to a given case. All of this will be messy and difficult, but Robert Want s terrific book, through its thorough examination of the R.K. Rowling case, provides the reader with a lively and fascinating look at the battles that lie ahead for those that create intellectual property and those that use it. This is a book that will intrigue writers, readers, Harry Potter fans, and lawyers interested in intellectual property issues. Creators need to be able to protect the rights to what they create, but freedom of expression and free flow of information are also precious commodities. What is certain is that the conflicts between these two sets of interests will grow and evolve over time. Nevertheless, without some omnipotent wizard to wave a magic wand and create definitive and permanent rules for what constitutes Fair Use in a changing world, the courts and the rest of us will simply have to muggle through. --BookReview.com
Product Description
The adventures of wizard-in-training Harry Potter may have ended but the drama continues, most recently in federal court in Manhattan, where a decision has recently been handed down in the much-publicized copyright case brought by J.K. Rowling seeking to prevent the publication of a Harry Potter encyclopedia.
The case is of interest to Harry Potter fans and the general public. It deals with current copyright issues of particular interest to writers and bloggers. It also deals with the creative process behind the Potter series.
Harry Potter & the Order of the Court discusses the court's decision and its broader implications for those who write, both online and in print.
The case was highlighted by Ms. Rowling taking the witness stand in her first courtroom appearance. Her dramatic testimony -- offering insights into her creative process and her emotional attachment to the Harry Potter series -- is included, both direct and cross-examination.
Beyond the star presence of Ms. Rowling, the case is of general interest as it involves an important but little understood aspect of copyright law: the doctrine of "fair use." Fair use refers to situations where one is allowed to use material from a copyrighted work without seeking permission from the author, such as a book critic quoting from a novel or a music critic using a short clip of a song.
Fair use applies whether you write on paper or online. But the doctrine has taken on added importance in the Internet Age where almost all of us "publish" in one form or another, be it through creating websites, writing blogs or uploading content. And as authors or publishers, we often feel the need to quote, closely paraphrase, or otherwise use material others have created. This is where fair use comes in.
Harry Potter & the Order of the Court discusses fair use as it relates to the J.K. Rowling case and in terms of the broader application of the doctrine, offering many specific examples as to what likely does, and does not, constitute fair use.
In addition to Ms. Rowling s testimony, we have included selected court documents filed in the litigation, including the court decision. Perhaps because the case involves one of the most popular fictional series of all time, these court documents make for fairly compelling reading, rather like a novel one cannot put down.

Composition and Copyright: Perspectives on Teaching, Text-making, and Fair Use - by Steve Westbrook (Editor)
Product Description
Essential copyright resource for teachers and writers, particularly those involved in electronic or new media.
From the Back Cover
Drawing on connections between legal developments, new media technologies, and educational practice, Composition and Copyright examines how copyright law is currently influencing processes of teaching and writing within the university, particularly in the dynamic contexts of increasing digital literacy, new media, and Internet writing. Contributors explore the law's theoretical premises, applications to writing classrooms, and the larger effects of copyright law on culture and literacy. Central to the volume is the question of what may constitute "infringement" or "fair use," and how the very definitions of these terms may permit or prohibit specific text-making activities. The essays cover a range of subjects, from students' appropriations of Internet images to using blogs in the classroom to the efforts by universities to claim legal ownership of professors' teaching and research materials. As new technologies and legislation are overturning traditional notions of intellectual property, this volume offers ways to navigate the issues in terms of pedagogy, research, and creating new media texts within the current legal framework.

Limits to database protection: Fair use and scientific research [An article from: Research Policy] by A.K. Sanders - Product Description
This digital document is a journal article from Research Policy, published by Elsevier in 2006. The article is delivered in HTML format and is available in your Amazon.com Media Library immediately after purchase. You can view it with any web browser.
Description:
A trend running diametrically opposed to the expansion of Intellectual Property Rights (IPR) is the increasing awareness that dominant positions sustained by IPR may be mitigated through exemptions and statutory or compulsory licences. It is argued that there are compelling economic reasons to protect valuable assets that are prone to copying, but that there are equally compelling reasons to limit monopolistic claims and stimulate cross-licensing practices. Compulsory licensing may serve as a stimulus to the bargaining process with private parties and research institutions alike. Another important category of information is public sector information. Access to information has become a concern and the European Commission has followed up on its Green Paper on Public Sector Information in the Information Society, with a Directive implementing its vision on affordable access for all and exploitation potential. The right of access to information may be enforced through the European Convention on Human Rights. It not only guarantees the freedom of speech, it also recognises the freedom to receive information.

Fair Use, Free Use, And Use by Permission: How to Handle Copyrights in All Media (February 28, 2006)
Book by Lee Wilson
• Who needs this book? Only every writer, photographer, illustrator, designer, businessperson, musician, songwriter, filmmaker, teacher, researcher, advertiser, and Web designer in the United States
•How to find copyright owners, request permissions, and keep records
•Easy-reference copyright duration chart, form agreements, form letters, resources, and checklists
Permissions—they’re enough to make anyone crazy. Thank heavens there’s Fair Use, Free Use and Use by Permission, the one-volume reference that is sure to save the sanity of thousands of grateful readers. Writers, photographers, illustrators, designers, teachers, researchers—anyone involved with intellectual property needs this practical, straightforward guide to copyright law. Find out what constitutes fair use, how to get permissions, and how to protect creative work, plus learn about copyright infringement, public domain, and much more. Illuminating true-life stories enliven the ins and outs of copyright law, and helpful charts, resource lists, and forms make the permissions experience vastly more manageable. Let a respected intellectual property lawyer show the way through the copyright maze!
Lee Wilson has been an intellectual property lawyer for more than twenty years. Her previous books include The Copyright Guide, The Advertising Law Guide, The Trademark Guide, and Making It in the Music Business. She lives in Pleasant View, TN

Downloading Copyrighted Stuff From The Internet: Stealing Or Fair Use? (Issues in Focus Today) (August 2005) Book by Sherri Mabry Gordon
Grade 7 Up–This title ventures into murky territory in order to present two sides of the ongoing controversy surrounding the use of the Internet to download copyrighted material. Gordon explains how constantly evolving technology is challenging copyright's condition of fair use, particularly in the area of peer-to-peer (p2p) file-sharing. There is an in-depth look at how Napster, the free music-swapping service that made this type of application popular in the 1990s, caused p2p technology to share other kinds of information, as well. Following the technological and legal history of the issue, separate chapters address the debate about the core problem of copyright protection. Measures for protecting the creator's right to a livelihood include digital encryption, lawsuits against infringers, and better laws. Arguments for file-sharing include freedom of speech, fair use, encouragement of technological innovation, and testimonials by musicians who have gained exposure from the practice. The author presents specific legal action and instances to support each side of the debate and appends source notes, many of which can be accessed electronically. A final chapter looks at recent developments with online music stores, such as iTunes, that offer inexpensive music downloads. Clearly written, this is an accessible treatment of a complex topic.–Vicki Reutter, Cazenovia High School, NY. Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
From Booklist
Gr. 7-10. As it is now easy for teens to download all kinds of material--songs, text, movies, games, and software--from the Internet at the click of a mouse, this entry in the Issues in Focus Today series is a good introduction to what is and is not acceptable under current copyright law. The informative, straightforward text, sparsely illustrated with stock photos, explains the impact that electronic information has had on copyright law, discusses landmark cases, explores the pros and cons of peer-to-peer music swapping, and speculates on future copyright issues. Most important, the author offers clear, concise explanations of what constitutes fair use. A glossary, suggestions for further research, and source notes for quotations are included. Other topics considered in the series include abortion, human rights, and alcohol. Ed Sullivan
Copyright © American Library Association. All rights reserved.

Copyright and Fair Use on the Internet, Illustrated Essentials (October 1, 2006)
Book by Barbara M. Waxer, Marsha Baum
Copyright and Fair Use on the Internet Illustrated Essentials is a friendly essential guide to understanding and respecting copyright on the Internet.
Barbara Waxer relishes the challenge of transforming the complex into common sense. Over the past 20 years, she has translated Chinese literature, implemented programs for grassroots nonprofits and the Department of Energy, and written graphics software textbooks. The Detroit native loves living in New Mexico. Professor of Law Marsha L. Baum teaches intellectual property courses including Copyright Law and Information Technology and the Law at the University of New Mexico. She has been in academia for over 20 years and has taught intellectual property in law schools and other settings for over a decade.

Internet Surf and Turf Revealed: The Essential Guide to Copyright, Fair Use, and Finding Media (October 17, 2005)
Book by Barbara M. Waxer, Marsha Baum
This one-of-a kind book provides important, easy-to-understand information on copyright laws and the concept of fair use as they relate to media on the Internet.
Barbara Waxer relishes the challenge of transforming the complex into common sense. Over the past 20 years, she has translated Chinese literature, implemented programs for grassroots nonprofits and the Department of Energy, and written graphics software textbooks. The Detroit native loves living in New Mexico. Professor of Law Marsha L. Baum teaches intellectual property courses including Copyright Law and Information Technology and the Law at the University of New Mexico. She has been in academia for over 20 years and has taught intellectual property in law schools and other settings for over a decade.

Responsible Use of the Internet in Education: Issues Concerning Evaluation, Citation, Copyright and Fair Use of Web Materials
Book by Aniekan Ebiefung
This book examines the issues involved in using the Internet in education. As with other technologies, the effect the Internet will have in the learning process will depend on how it is actually utilized in the classroom.
Part I discusses the advantages and disadvantages of using the Internet in education, along with those educational activities that seem more natural for use on the Internet.
To derive any substantial benefit in using the Internet for research, one must search effectively for information on the research topic. When the needed information is found, it must be preserved properly and used in a responsible manner. This is discussed in Part II.
Obviously, not all information found on the Internet is accurate, and not all Internet projects meet educational goals. How does one evaluate Internet materials for accuracy and for meeting curriculum goals? Part III discusses evaluation of web materials and how to get involved in collaborative projects in an effective and responsible manner.
Many ethical issues must be considered when using Internet materials or communicating using Internet communication channels. Parts IV and V discuss citation of Internet materials, online netiquette, copyright and fair use, and Acceptable use Policies.
This book is designed to assist educators in gaining a balanced view regarding the implications of using the Internet to enhance learning. It is the author's belief that such knowledge is essential for an effective and responsible use of the Internet in Education.
Dr. Aniekan Ebiefung is a University of Chattanooga Foundation Professor of Mathematics at the University of Tennessee at Chattanooga. Professor Ebiefung holds a Ph.D in Mathematical Sciences from Clemson University.
Dr. Ebiefung has received many research grants and teaching awards, including the 1993 Oakridge Associated Universities Junior Faculty Enhancement Award in Mathematics and Computer Science, Student Government Association Outstanding Professor Award 1993-4, the 1998 Southeastern Inform Best Paper Award in Quantitative Theory and Methods Track, and the University of Chattanooga Foundation Professorship.
In addition to receiving over 30 grants, Professor Ebiefung has organized, both locally and internationally, workshops, seminars and discussion groups on problem solving and on the use of the Internet in teaching. He has consulted for the National Science Foundation, the Tennessee Higher Education Commission, and the Educational Testing Service through various grant activities. He is listed in Who's Who in American Education and Who's Who in the World.

IPR Articles, Essays, Papers and Convention Reports:

A Balancing Act: CopyrigThit in the Electronic Age. Carol C. Henderson. Intellectual Property Law: ifla.org/documents/infopol/copyright/chender.txt

A Copy is a Copy: Copyright Issues and the Emerging Information Infrastructure. - IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/copy95en.htm

A Method for Protecting Copyright on Networks. Griswold, Gary N. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/griswold.txt

A New Operating System for the Humanities. Lanham, Richard A. - IPR and Copyright: ifla.org/documents/infopol/copyright/lanham1.htm

A Publishing and Royalty Model for Networked Documents. Nelson, Theodor Holm. - Intellectual Property Law: ifla.org/documents/infopol/copyright/nelson.txt

American Committee for Interoperable Systems. Intellectual Property and the National Information Infrastructure - Intellectual Property Law: ifla.org/documents/infopol/copyright/acis.txt

American Intellectual Property Law Association. Intellectual Property Law and domain name disputes: aipla.org

American Library Association, et. al. Fair Use in the Electronic Age: Serving the Public Interest. - Fair Use in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/fairuse.txt

American Society of Composers, Authors and Publishers (ASCAP). Intellectual Property Law and domain name disputes: ascap.com/

APRA - Australasian Performing Right Association. IPR case law in India and trademark database: apra.com.au/

ARVIC's Guide To Intellectual Property. - Intellectual Property Law: arvic.com/

Aspects of public policy regarding crown copyright in the digital age. Stanbury, William T. - Crown copyright in Cyberspace. Montréal vendredi, 12 mai 1995. - Patents and Copyright: droit.umontreal.ca/crdp/en/equipes/technologie/conferences/dac/index.html

Association of Research Libraries. Intellectual Property: An ARL Statement of Principles. - Intellectual Property Law: ifla.org/documents/infopol/copyright/arl-ip.txt

Australian Copyright Act. 1968. Updated as at 29 March 1995. IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/ca196813.txt (608 K)

Australian Copyright Council. Intellectual Property Law and domain name disputes: copyright.org.au

Australian Council of Libraries and Information Services (ACLIS). Copyright for all Australians. Submission by ACLIS to the CLRC Review and Simplification of the Copyright Act 1968. Intellectual Property Law: nla.gov.au/aclis/clrc.html

Australian Intellectual Property Law Locus. IPR case law in India and database: ozemail.com.au/~pxc/iplocus/index.html

Basic U.S. Patent, Copyright and Trademark Information. Franklin Pierce Law Center. - Intellectual Property Law and domain name disputes: fplc.edu/TFIELD/ipbasics.htm

Bereskin and Parr. In defense of genius. - IPR case law in India and trademark database: bereskinparr.com/

Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971). - Intellectual Property Law: law.cornell.edu/treaties/berne/overview.html

Bill Of Writes. Negroponte, Nicholas. - IPR case law in India and trademark database: wired.com/wired/archive/3.05/negroponte.html

BMI (Broadcast Music Inc.) Intellectual Property Law and domain name disputes: bmi.com/intellectual property

British Copyright Council. Oral Response to the National Information Infrastructure Task Force on Intellectual Property. - IPR and Copyright: ifla.org/documents/infopol/copyright/bcc.txt

Canadian Association of Photographers and Illustrators in Communications. Response to "Copyright and the Information Highway". February 23, 1995. - Intellectual Property Law: ourworld.compuserve.com/homepages/greer/copy1.htm

Canadian Copyright Act. - IPR in Copyright and Trade Marks: canada.justice.gc.ca/Loireg/index_en.html

Canadian Intellectual Property Office. - Intellectual Property Law: cipo.gc.ca/india

CANCOPY (Canadian Copyright Licensing Agency). - Patents and Copyright: cancopy.com/

Center for Advanced Study and Research on Intellectual Property. Intellectual Property Law and domain name disputes: law.washington.edu:80/~casrip/

Chief Information Officer (Government of Canada). - IPR case law in India and database: cio-dpi.gc.ca/home_e.html

Christians and the Copyright Law. Decker, Jack. - Intellectual Property Law and domain name disputes: greatcontroversy.org/editorial/ed34-xnscopyrightlaw.html

Coalition for Networked Information Copyright Mailing List Archive (CNI-COPYRIGHT). IPR case law in India and trademark database: cni.org/Hforums/cni-copyright/

Coalition for Networked Information, Interactive Multimedia Association, John F. Kennedy School of Government, Science, Technology and Public Policy Program, Massachusetts Institute of Technology, Summer 1994. - Intellectual Property Law: cni.org/docs/ima.ip-workshop/

Coalition for Networked Information. R E A D I (Rights for Electronic Access to and Delivery of Information). - IPR in Copyright and Trade Marks: cni.org/projects/READI/guide/

Computer Technology and Legal Discourse: The Potential For Modern Communication Technology To Challenge Legal Discourses Of Authorship and Property. Halbert, Debora. - Intellectual Property Law and domain name disputes: murdoch.edu.au/elaw/indices/title/halbert_abstract.html

Computers and Copyrights: Bibliography. Kotlas, Carolyn. - IPR and Fair Use: iat.unc.edu/guides/irg-04.html

Computers and Fair Use. Stanford University Libraries. A very good resource. Intellectual Property Law and domain name disputes: fairuse.stanford.edu/

Computers and Law. SUNY Buffalo School of Law student site. IPR case law in India and trademark database: wings.buffalo.edu/law/Complaw/

CONFU: The Conference on Fair Use. Stanford University Libraries. A very good resource. Intellectual Property Law: uspto.gov/web/offices/dcom/olia/confu/

Consortium for Educational Technology for University Systems. Fair Use of Copyrighted Works. - Fair Use in Copyright and Trade Marks: cetus.org/fairindex.html

Contracts, Copyright, and Preemption in a Digital World. Hardy, Trotter. - Intellectual Property Law and domain name disputes: law.richmond.edu/jolt/v1i1/hardy.html

Controlling Dissemination Mechanisms: The Unstamped Press and the 'Net. Demarest, Marc. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/demm1.htm

Convention for the Protection of Producers of Phonograms. - Intellectual Property Law and domain name disputes: fletcher.tufts.edu/multi/texts/BH588.txt

Copyright and Fair Use in the Digital Age: Q and A with Peter Lyman. Peter Lyman. - Intellectual Property Law: educause.edu/pub/er/review/reviewArticles/30132.html

Copyright and Global Libraries: - Zamparelli, Roberto. - Going with the Flow of Technology. IPR in Copyright and Trade Marks: firstmonday.dk/issues/issue2_11/zamparelli/index.html

Copyright and Information Services in the Context of the National Research and Education Network. Linn, R. J. - Intellectual Property Law: ifla.org/documents/infopol/copyright/linr1.htm

Copyright and Preservation: A Serious Problem in Need of a Thoughtful Solution. - Patent and Copyright: palimpsest.stanford.edu/byauth/oakley/index.html

Copyright and the University Community. Harper, Georgia. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/texascp.txt

Copyright Decisions of the U.S. Supreme Court (since May 1990). - IPR in Copyright and Trade Marks: www4.law.cornell.edu/cgi-bin/empower?DB=SupctSyllabi&TOPDOC=0&QUERY00=copyright

Copyright Impediments to the Preservation of Australia's Documentary Heritage. - Bellingham, Katy and Lavrencic, Tamara. - IPR and Copyright: ifla.org/documents/infopol/copyright/kbell1.htm

Copyright in the Digital Networked Environment. Shade, Leslie Regan. - Discussion Paper for Intellectual Property or Public Knowledge: A Roundtable Discussion of Copyright in the Nineties, Concordia University, April 7, 1995. - IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/shade01.htm

Copyright in the New World of Electronic Publishing. - Strong, William S. - Intellectual Property Law and domain name disputes: press.umich.edu/jep/works/strong.copyright.html

Copyright Law and the Doctoral Dissertation: Guidelines to Your Legal Rights and Responsibilities. Crews, Kenneth D. - Intellectual Property Law: ilt.columbia.edu/projects/copyright/papers/crews2.html

Copyright Law, Libraries, and Universities: Overview, Recent Developments, and Future Issues. Crews, Kenneth D. - Intellectual Property Law: ifla.org/documents/infopol/copyright/rights.txt

Copyright Office, Library of Congress. - IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/usbasics.txt

Copyright protection of computer programs in the European Communities/1991. - Intellectual Property Law: ifla.org/documents/infopol/copyright/eccomp.txt

Copyright Reform in Canada: - Gow, Gordon A. - Domestic Cultural Policy Objectives and the Challenge of Technological Convergence. - IPR and Patents: sfu.ca/~gagow/capcom/cpyrght.htm

Copyright: The Glue of the System. Fisher, Janet. - Journal of Electronic Publishing. - IPR in Copyright and Trade Marks: press.umich.edu/jep/works/fisher.copyright.html

Copyrighting Public Domain Programs. - Intellectual Property Law and domain name disputes: wiretap.area.com/Gopher/Library/Article/Publish/copyrite.doc

Copyrighting Public Domain Programs. Moore, June B. - IPR and Public Domain: ifla.org/documents/infopol/copyright/moore.txt

Copyrights in Cyberspace. - Intellectual Property Law: nolo.com/encyclopedia/articles/pct/nn197.html

Copywrong. Stallman, Richard M. - IPR in Copyright and Trade Marks: wired.com/wired/archive/1.03/1.3_stallman.copyright.html

Crown Copyright in the United Kingdom and other Commonwealth Countries. - Sterling, J.A. - Crown copyright in Cyberspace Conference. CRDP, Montréal vendredi, 12 mai 1995. - Intellectual Property Law: droit.umontreal.ca/crdp/en/equipes/technologie/conferences/dac/index.html

CyberLaw and CyberLex. An educational service focusing on legal issues concerning computer technology. Trade Marks, Trade Secret and Moral Rights: cyberlaw.com

CyberSpace Law Center. Intellectual Property Law and domain name disputes: cyber.findlaw.com/clcindex.htm

Deposit, Registration and Recordation in an Electronic Copyright Mangement System. Kahn, Robert E. - Intellectual Property Law: ifla.org/documents/infopol/copyright/kahn.txt

Designing a Web of Intellectual Property. Norderhaug, Terje and Oberding, Juliet M. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/nort1.htm

Digital Media and the Law. Samuelson, Pamela. - Intellectual Property Law and domain name disputes: eff.org/pub/Intellectual_property/digital_media_and_law.paper

Educators' Attitudes and Related Copyright Issues in Education: - Chase, Mark E. - A Review of Selected Research 1980-1992. - IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/cham.txt

EFF Intellectual Property Issues and Policy Archive. Intellectual Property Law: eff.org/pub/Intellectual_property

E-LAW 4: Computer Information Systems Law and System Operator Liability. Loundy, David. - IPR case law in India and trade mark database: loundy.com/E-LAW/E-Law4-full.html

Electronic Privacy Information Center. Somewhat peripheral but some items may be of interest. Intellectual Property Law: epic.org

Entertainment Law Resources for Film, TV and Multimedia Producers. Mark Litwak. A number of interesting papers. IPR case law in India and trade mark database: laig.com/law/entlaw

European Commission. Green Paper: Copyright and Related Rights in the Information Society. - Intellectual Property Law: europa.eu.int/scadplus/leg/en/lvb/l24152.htm

Final SubCommittee Report on Copyright and the Information Highway. - Canadian Information Highway Advisory Council - May, 1995. - Intellectual Property Law: ifla.org/documents/infopol/copyright/cihac007.txt

First Amendment Rights for Information Providers. Samuelson, Pamela. - IPR case law in India and trade mark database: eff.org/pub/Intellectual_property/first_amend_rights_for_info_providers.paper

Franklin Pierce Law Center. Intellectual Property Law: fplc.edu/fplchome.htm

Galaxy Intellectual Property Law. IPR case law in India and trade mark database: galaxy.com/galaxy/Government/Law/Intellectual-Property-Law.html

GNU'S Not UNIX. - Stallman, Richard. - Stallman discusses his public-domain UNIX-compatible software system July 1986. - Intellectual Property Law: ifla.org/documents/infopol/copyright/stallman.txt

Home Recording Rights Coalition. IPR case law in India and trade mark database: hrrc.org

Institute for Learning Technologies. Comments to the IITF on the Preliminary Report of the Working Group on Intellectual Property. August 1994. - Intellectual Property Law: ilt.columbia.edu/projects/copyright/papers/iltdocs/ILTWGIP.html

Intellectual Preservation and Electronic Intellectual Property. Graham, Peter S. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/graham.txt

Intellectual Property and the National Information Infrastructure. Preliminary Draft (July 1994) of the Report of the Working Group on Intellectual Property Rights, a subgroup of the Information Infrastructure Task Force. - Intellectual Property Law: uspto.gov/web/offices/com/doc/ipnii/

Intellectual Property and the National Information Infrastructure. Report of the Working Group on Intellectual Property Rights. September 1995. - IPR and Moral Rights: ifla.org/documents/infopol/copyright/ipnii.txt (584 K)

Intellectual Property Header Descriptors: A Dynamic Approach. - Upthegrove, Luella and Roberts, Tom. - Intellectual Property Law: ifla.org/documents/infopol/copyright/uptl.txt

Intellectual Property Law Primer for Multimedia Developers. - Brinson, J. Dianne and Mark F. Radcliffe. - IPR case law in India and trade mark database: timestream.com/web/info/mmlaw.html

Intellectual Property Owners (IPO). An organization serving owners of patents, trademarks, copyrights and trade secrets. Intellectual Property Law: ipo.org/

Intellectual Property Primer. - Brooks and Kushman - IPR case law in India and trademark database: spi.org/bkprime.pdf

Intellectual Property Protection Regimes in the Age of the Internet. Schlacter, Eric. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/sche1.htm

Intellectual Property: The Practical and Legal Fundamentals. Field, Thomas G., Jr. - IPR case law in India and trademark database: fplc.edu/tfield/plfip.htm

Intellectual Value. Dyson, Esther. - Intellectual Property Law: wired.com/wired/archive/3.07/dyson.html

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. - IPR case law in India and trademark database: fletcher.tufts.edu/multi/texts/performance.txt

International Entertainment, Multimedia and Intellectual Property Law and Business Network. Intellectual Property Law: laig.com/law/intnet

International Federation of Library Associations and Institutions (IFLA). Position paper on copyright in the electronic environment. - Intellectual Property Law: ifla.org/V/ebpb/copy.htm

International Publishers Association. Position Paper on Libraries, Copyright and the Electronic Environment of the International Publishers Copyright Council (IPCC). - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/ipa.txt

Is Information Property? Samuelson, Pamela. - Intellectual Property Law and domain name disputes: eff.org/pub/Intellectual_property/is_info_property.paper

It's the Context, Stupid. Saffo, Paul. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/safp1.htm

Knowbots, Permissions Headers and Contract Law (networked intellectual property). Perritt,Henry W., Jr. - Intellectual Property Law: ifla.org/documents/infopol/copyright/perh2.txt

League for Programming Freedom. An organization that opposes software patents and interface copyrights. IPR case law in India and trademark database: lpf.ai.mit.edu/

Legal Information Institute. Cornell University Law School. A great collection of legal materials. See the topical listings under "intellectual property." Intellectual Property Law: law.cornell.edu/

Legally Speaking: The NII Intellectual Property Report. Samuelson, Paula. - IPR case law in India and trademark database: ilt.columbia.edu/projects/copyright/papers/samuelson2.html

Library of Congress. Copyright Office. - Intellectual Property Law and domain name disputes: lcweb.loc.gov/copyright/

Luxembourg, 26 April 1995 - IPR case law in India and trade mark database: www2.echo.lu/legal/en/950426/toc.html

Making the New Media Deal. Gloster, Deam M. and Kat McCabe. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/glod1.htm

Meta-Information, The Network of the Future and Intellectual Property Protection. Phillips, Kenneth L. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/phillips.txt

MIT. Ethics and Law on the Electronic Frontier. - Course offered at MIT. - Intellectual Property Law and domain name disputes: www-swiss.ai.mit.edu/6095/

Movie Licensing U.S.A. IPR case law in India and trade mark database: movlic.com

MPLC - Motion Picture Licensing Corporation. Intellectual Property Law: mplc.com/

Multimedia Content and the Super Highway: Rapid Acceleration or Foot on the Brake? Greguras, Fred, Egger, Michael R. and Wong, Sandy J. - IPR case law in India and trade mark database: batnet.com/oikoumene/mmcopyright.html

Music Publishers Association of the United States. Intellectual Property Law and domain name disputes: mpa.org/

National Library of Australia. Submission to the Copyright Law Review Committee on Reference to Review and Simplify the Copyright Act 1968. IPR case law in India and trade mark database: nla.gov.au/policy/clrc.html

National Writers Union. Statement of Principles on Contracts between Writers and Electronic Book Publishers. - Intellectual Property Law: ilt.columbia.edu/projects/copyright/papers/NWU/NWU1.html

Need-Based Intellectual Property Protection and Networked University Press Publishing. Jensen, Michael. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/jensen.txt

Negativland. Fair Use. A band that has been involved in a copyright case law involving musical samples. - Intellectual Property Law: ifla.org/documents/infopol/copyright/ngtvland.txt

Panel Discussion: Intellectual Properties Issues. Okerson, Ann. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/okerson.htm

Panel session at SIGGRAPH 91. Association for Computing Machinery, 1991. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/denm.txt

Patent Cooperation Treaty 1970. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/patent.txt

Patently Absurd. Garfinkel, Simson L. - Intellectual Property Law: wired.com/wired/archive/2.07/patents.html

PATSCAN. - IPR case law in India and trade mark database: patscan.ca

Permission Headers and Contract Law. - Perritt, Henry W., Jr. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/perritt.txt

Picture Agency Council of America. The Copyright Commandments from PACA. - IPR case law in India and trademark database: indexstock.com/pages/pacacrl.htm

Practical and Legal Protection of Computer case law and trademark databases. - Intellectual Property Law: FloridaLawFirm.com/article.html

Property Rights in the Electronic Dawn. Demac, Donna. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/demac2.htm

Proposed Guidelines on Fair Use for the Preservation of Library Materials. Conference on Fair Use of the Working Group on Intellectual Property of the Information Infrastructure Task Force. January 19, 1995. Intellectual Property Law: ifla.org/documents/infopol/copyright/preserve.txt

Protect Revenues, Not Bits: Identify Your Intellectual Property. Gerovac, Branko and Richard J. Solomon. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/gerovac.txt

Protecting rights in user interface designs. Shneiderman, Ben . - Intellectual Property Law and domain name disputes: wiretap.area.com/Gopher/Library/Article/Rights/userintf.cp

Protection of Intellectual Property in the National Information Infrastructure. Perrit Jr., Henry. - Statement to the Working Group on Intellectual Property of the Information Policy Committee of the National Information infrastructure (NII) Task Force. c1993. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/perh1.txt

Recommended Principles for Contracts Covering Online Book Publishing. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/nwu2.htm

Regulations. - Washington, June 19, 1970. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/patentrg.txt

Report of the AAU Task Force on Intellectual Property Rights in an Electronic Environment. - Intellectual Property Law: ifla.org/documents/infopol/copyright/intllpty.txt

Response to Dr. Linn's paper "Copyright and Information Services in the Context of the National Research and Education Network." Ebersole, Joseph L. - IPR case law in India and database: ifla.org/documents/infopol/copyright/ebersole.txt

Review and Analysis of the Report of the Working Group on Intellectual Property Rights, Intellectual Property and the National Information Infrastructure (White Paper). Lutzker, Arnold. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/ipwp-rev.txt

Revising Copyright Law for the Information Age. Littman, Jessica. - IPR case law in India and trademark database: wwwsecure.law.cornell.edu

Revising the Copyright Law for Electronic Publishing. Loundy, David. - Intellectual Property Law and domain name disputes: Loundy.com/Revising.html

Rights of Attribution and Integrity in Online Communication. - Lemley, Mark. - IPR case law in India and trademark database: law.cornell.edu/jol/lemley.html

Software Publishers Association. Intellectual Property Law and domain name disputes: spa.org/

Soliciting From a Spectrum of Sources. Smallson, Fran. - Intellectual Property Magazine, February 1995. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/smaf1.htm

Some myths about intellectual property. - Intellectual Property Law: ifla.org/documents/infopol/copyright/ipmyths.htm

Statement on Behalf of American Association of Law Libraries and Several Other Library Organizations. Oakley, Robert L. - Working Group on Intellectual Property of the Information Policy Committee of the National Information Infrastructure Task Force. September 22, 1994. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/oakley1.txt

Statement on Behalf of Several Library and Education Associations. Oakley, Robert L. - Intellectual Property Law: ifla.org/documents/infopol/copyright/oakley2.txt

Statement on behlaf of on behalf of the University Library, The University of Illinois at Chicago. - Berry, John W. - Working Group on Intellectual Property of the Information Policy Committee of the National Information Infrastructure Task Force. September 22, 1994. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/berj1.txt

Statement on Lawful Uses of Copyrighted Works. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/uses.htm

Study on New Media and Copyright. Final Report. Prepared for Industry Canada, New Media, Information Technologies Industry Branch. June 30, 1994. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/nglfinal.txt

The Copyright Grab. Samuelson, Pamela. - Intellectual Property Law domain name disputes: wired.com/wired/archive/4.01/white.paper.html

The Copyright Law and the Musician. - Richards, David. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/ricd.txt

The Copyright Web Site. An excellent collection of resources on intellectual property in the new media environment. Intellectual Property Law: benedict.com/

The Economy of Ideas - Barlow, John Perry - A framework for rethinking patents and copyrights in the Digital Age (Everything you know about intellectual property is wrong). - IPR case law in India and trade mark database: wired.com/wired/archive/2.03/economy.ideas.html

The Institute for Learning Technologies. Provides an excellent source for locating Internet information resources about copyright. Intellectual Property Law: ilt.columbia.edu/projects/copyright/

The Intellectual Property Information Mall. Franklin Pierce Law Center. IPR case law in India and trademark database: piercelaw.edu/tfield/ipbasics.htm

The Internet and the Anti-net. Arnett, Nick. - Intellectual Property Law: ifla.org/documents/infopol/copyright/antinet.htm

The Norwegian Reproduction Rights Organization. - IPR case law in India and trademark database: kopinor.no/

The Operating Dynamics Behind ASCAP, BMI and SESAC, The U.S. Performing Rights Societies. Massarsky, Barry M. - Intellectual Property Law: ifla.org/documents/infopol/copyright/massarsk.txt

The Strategic Environment for Protecting Multimedia. Kahin, Brian. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/kahin.txt

The Villanova Center for Information Law and Policy. Intellectual Property Law: cilp.org/

Title 37 Code of Federal Regulations. This is the section detailing claims to copyright, freedom of information, and other relevant legal statutes. IPR case law in India and trademark database: wwwsecure.law.cornell.edu

TONO, The Norwegian Performing Right. Society. - Intellectual Property Law and domain name disputes: tono.no

Trademarks Along the Infobahn: - Burk, Dan L. - A look at the Emerging Law of Cybermarks. - IPR case law in India and trademark database: ei.cs.vt.edu/~wwwbtb/book/chap9/refs.html

Transborder Intellectual Property Issues on the Electronic Frontier. - Burk, Dan L. - Stanford Law and Policy Review. Vol. 5, Copyright 1994. - Intellectual Property Law: ifla.org/documents/infopol/copyright/dburk2.txt

Transcript, Public Hearing on Intellectual Property Issues. NII Task Force Working Group on Intellectual Property, November 18, 1993. IPR case law in India and database: ilt.columbia.edu/projects/copyright/papers/hearing.html

U.S. Copyright Documents. Intellectual Property Law and domain name disputes: wiretap.area.com/Gopher/Gov/Copyright/

U.S. Copyright Office. IPR case law in India and trademark database: loc.gov/copyright/

U.S. House of Representatives. Internet Law Library. Intellectual property and domain name disputes. Intellectual Property Law: law.house.gov/105.htm

U.S. NTIA. Virtual Conference on Universal Access and Open Service. November 1994. Intellectual Property and the Information Infrastructure. James M. Bower. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/jbower.txt

U.S. Patent and Trademark Office. Intellectual Property Law: uspto.gov/

U.S. Supreme Court Intellectual Property Decisions. IPR case law in India and trademark database: www4.law.cornell.edu

Understanding Copyright Law. Index Stock Photography, Inc. - Intellectual Property Law and domain name disputes: indexstock.com/pages/copyrite.htm

Understanding Intellectual Property Rights. Fernandez, Dennis. - IPR case law in India and trademark database: batnet.com/oikoumene/dfIPRights.html

United States Code, Title 17. This is a gopher containing the full text of Title 17. The title outlines the scope and uses of copyright. Intellectual Property Law: www4.law.cornell.edu/uscode/17/

United States Patent Act, as amended. IPR case law in India and trademark database: www4.law.cornell.edu/uscode/35/

Universal Copyright Convention (1971). - Intellectual Property Law: fletcher.tufts.edu/multi/texts/UNTS13444.html

USENET. misc.int-property - IPR case law in India and trademark database: news:misc.int-property

USF Intellectual Property Online. Intellectual Property Law and domain name disputes: usfca.edu/ipla/

Weaving Webs of Ownership: Intellectual Property in an Information Age. Halbert, Debora. - IPR case law in India and trademark database: futures.hawaii.edu/dissertation/TOC2.html

When Works Pass Into the Public Domain. Gassaway, Laura. - Intellectual Property Law: smartbiz.com/sbs/arts/ipi5.htm

World Intellectual Property Organization (WIPO). IPR in domain name disputes with India case law and trademark database: wipo.org

WWW Multimedia Law. Intellectual Property Law: batnet.com/oikoumene/