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COPYRIGHT: LEGAL AND CULTURAL PERSPECTIVES

INF 390N.2

Unique Number 27360

Dr. Philip Doty

School of Information

University of Texas at Austin

Spring 2008

Class time: Thursday 1:00 – 4:00 PM

Place:

Office:

SZB 464

SZB 570

Office hrs: Wednesday 1:00 – 2:00 PM

By appointment other times

Telephone: 512.471.3746 – direct line

512.471.2742 – iSchool receptionist

512.471.3821 – main iSchool office

Internet: pdoty@ischool.utexas.edu http://www.ischool.utexas.edu/~pdoty/index.htm

Class URL: http://courses.ischool.utexas.edu/Doty_Philip/2008/spring/INF390N2/

TA: Melissa Guy melissa.guy@gmail.com

Office hours Thursday 11:00 AM – 12:00 N

By appointment other times

Place to be announced

Copyright – Philip Doty, University of Texas at Austin, December 2007 1

TABLE OF CONTENTS

Introduction

Expectations of students’ performance

Analysis and holism

Standards for written work

Grading

Some editing conventions for students’ papers

Texts and other tools

List of assignments

Outline of course

Schedule

Assignments

Suggestions for writing policy analysis

References

12

13

14

10

11

5

6

3

4

24

27

16

21


INTRODUCTION

Copyright: Legal and Cultural Perspectives (INF 390N.2) examines copyright from a number of disciplinary points of view. These include those from legal studies, cultural history, information studies, political and social history, literary studies, anthropology, public policy, and other disciplines. We will use these multiple disciplines and their literatures to investigate how copyright in the United States developed and has evolved. The cultural commons, ideologies of property and protection, shared cultural production, considering natural rights arguments for copyright “vs” social bargain/statutory arguments, and identifying and protecting the public interest in information will be major themes of the semester’s work.

The course has no prerequisites and is available to graduate students from all departments and schools.

The course will closely examine long-standing as well as current controversies in the ownership of so-called “intellectual property,” aiming to prepare students to be competent practitioners in their professions, to be informed citizens, and to be well read in the field. Students will also develop strategies for professional and personal political action.

The course, as its title indicates, weaves together the study of the law of copyright with the study of cultural categories such as the “author,” “the work,” “property,” and “creation.” More specifically, the course will:

 Consider Enlightenment assumptions about creation, knowledge, and social life

 Review important court cases in copyright

 Investigate the history of the concepts of the personal author and the “unitary work”

 Examine appropriate statutes domestically and internationally, as well as major international copyright conventions

 Explore the replacement of public law (copyright) by private law (contract and licensing)

 Examine the replacement of first sale and ownership by licensing and leasing

 Consider how copyright, privacy, and free speech are related

 Investigate how the international context for copyright figures into its evolution; organizations such as the World Intellectual Property Organization and the World Trade

Organization will be especially important here

 Explore the implications of the European Union’s moves to copyright databases of “facts”

 Help students engage papers in law reviews, legal journals, and other sources

 Theorize the public domain as a major source of creativity and (shared) cultural expression

 Explore ideologies of property, especially “intellectual property”

 Consider how identity, cultural creation, and property are intermingled in both the creation and use of copyrighted works

 Give students practice in the application of the law to particular circumstances

 Consider the strengths and weaknesses of various disciplinary perspectives on copyright, cultural production, and property

 Demonstrate how law evolves and is different across jurisdictions

 Explore the concept of vicarious liability

 Briefly examine how federal statutes preempt those of the states

 Make clear that well-informed people often disagree about copyright in a number of ways, e.g., what the public interest in copyrighted works may be, what reasonable behaviors related to copyright might be, how best to encourage the creation and distribution of creative works,


what the breadth and character of the public domain are, and what reasonable interpretations of the law may be.


EXPECTATIONS OF STUDENTS’ PERFORMANCE

Students are expected to be involved, creative, and vigorous participants in class discussions and in the overall conduct of the class. In addition, students are expected to:

• Attend all class sessions; if a student misses a class, it is her responsibility to arrange with another student to obtain all notes, handouts, and assignment sheets.

• Read all material prior to class; students are expected to use the course readings to inform their classroom participation and their writing. Students must learn to integrate what they read with what they say and write. This last imperative is essential to the development of professional expertise and to the development of a collegial professional persona.

• Educate themselves and their peers. Successful completion of graduate academic programs and participation in professional life depend upon a willingness to demonstrate initiative and creativity. Participation in the professional and personal growth of colleagues is essential to one’s own success as well as theirs. Such collegiality is at the heart of scholarship, so some assignments are designed to encourage collaboration.

 Spend at least 3-4 hours in preparation for each hour in the classroom; therefore, a 3-credit graduate hour course requires a minimum of 10-12 hours per week of work outside the classroom.

• Participate in all class discussions.

• Complete all assignments on time; late assignments will not be accepted except in the particular circumstances noted below. Failure to complete any assignment on time will result in a failing grade for the course.

• Be responsible with collective property, especially books and other material on reserve.

• Ask for help from the instructor or the teaching assistant, either in class, during office hours, on the telephone, through email, or in any other appropriate way. Email is especially appropriate for information questions, but please recall that Doty has limited access to email outside the office. Unless there are compelling privacy concerns, it is always wise to send a copy of any email intended for the instructor to the TA as well; she has access to email more regularly.

Academic dishonesty, such as plagiarism, cheating, or academic fraud, will not be tolerated and will incur severe penalties, including failure for the course. If there is concern about behavior that may be academically dishonest, consult the instructor. Students should refer to the UT

General Information Bulletin, Appendix C, Sections 11-304 and 11-802 and Texas is the Best . . .

HONESTLY! (1988) by the Cabinet of College Councils and the Office of the Dean of Students.

The instructor is happy to provide all appropriate accommodations for students with documented disabilities. The University’s Office of the Dean of Students at 471.6259, 471.4641

TTY, can provide further information and referrals as necessary.


ANALYSIS AND HOLISM IN READING, WRITING, AND PRESENTING

Students in this class must be analytic in their reading of others' work, in their own writing, and in their presentations. What follows are suggestions for developing analytic and critical methods of thinking and communication. These suggestions are also indications of what you should expect from the writing and speaking of others.

At the same time, however, please remember that a holistic, integrative understanding of context must always complement depth of analysis.

 First and foremost, maximize clarity – be clear, but not simplistic or patronizing.

 Remember that writing is a form of thinking, not just a medium to "display" the results of thinking; make your thinking engaging, reflective, and clear.

 Provide enough context for your remarks that your audience can understand them but not so much that your audience's attention or comprehension is lost.

 Be specific.

 Avoid jargon, undefined terms, undefined acronyms, colloquialisms, clichés, and vague language.

 Give examples.

 Be critical, not dismissive, of others' work; be skeptical, not cynical.

 Answer the difficult but important "how?," "why?," and “so what?” questions.

 Support assertions with evidence.

 Make explicit why evidence used to support an assertion does so.

 Identify and explore the specific practical, social, and intellectual implications of courses of action.

 Be evaluative. Synthesize and internalize existing knowledge without losing your own critical point of view.

 Identify the specific criteria against which others' work and options for action will be assessed.

See the Standards for Written Work and the assignment descriptions in this syllabus for further explanations and examples.


STANDARDS FOR WRITTEN WORK

You will be expected to meet professional standards of maturity, clarity, grammar, spelling, and organization in your written work for this class, and, to that end, I offer the following remarks.

Review these standards both before and after writing; they are used to evaluate your work.

Every writer is faced with the problem of not knowing what his or her audience knows about the topic at hand; therefore, effective communication depends upon maximizing clarity. As Wolcott reminds us in Writing Up Qualitative Research (1990, p. 47): "Address . . . the many who do not know, not the few who do." It is also important to remember that clarity of ideas, clarity of language, and clarity of syntax are interrelated and mutually reinforcing.

Good writing makes for good thinking and vice versa. Writing is a form of inquiry, a way to think, not a reflection of some supposed static thought “in” the mind. A vivid example of how this complex process of composition and thought works is in the unexpurgated version of

Theodore Dreiser’s Sister Carrie (1994, p. 144):

Hurstwood surprised himself with his fluency. By the natural law which governs all effort, what he wrote reacted upon him. He began to feel those subtleties which he could find words to express. With every word came increased conception. Those inmost breathings which thus found words took hold upon him.

We need not adopt Dreiser’s breathless metaphysics or naturalism to understand the point.

All written work for the class must be done on a word-processor and double-spaced, with 1" margins all the way around and in either 10 or 12 pt. font.

Some writing assignments will demand the use of notes (either footnotes or endnotes) and references. It is particularly important in professional schools such as the School of Information that notes and references are impeccably done. Please use APA (American Psychological

Association) standards. There are other standard bibliographic and note formats, for example, in engineering and law, but social scientists and a growing number of humanists use APA.

Familiarity with standard formats is essential for understanding others' work and for preparing submissions to journals, funding agencies, professional conferences, and the like. You may also want to consult the Publication Manual of the American Psychological Association (2001, 5th ed.).

Do not use a general dictionary or encyclopedia for defining terms in graduate school or in professional writing.

If you want to use a reference source to define a term, use a specialized dictionary such as The Cambridge Encyclopedia of Philosophy or subject-specific encyclopedia, e.g., the International Encyclopedia of the Social and Behavioral Sciences.

The best alternative, however, is having an understanding of the literature related to the term sufficient to provide a definition in the context of that literature.

Use a standard spell checker on your documents, but be aware that spell checking dictionaries: do not include most proper nouns, including personal and place names; omit most technical terms; include few foreign words and phrases; and cannot identify the error in using homophones, e.g., writing "there" instead of "their,” or in writing "the" instead of "them."

It is imperative that you proofread your work thoroughly and be precise in editing it . It is often helpful to have someone else read your writing, to eliminate errors and to


increase clarity. Finally, each assignment should be handed in with a title page containing your full name, the date, the title of the assignment, and the class number (INF 390N.2). If you have any questions about these standards, I will be pleased to discuss them with you at any time.

CONTINUED


Remember, every assignment must include a title page with:

• The title of the assignment

• Your name

• The date

• The class number – INF 390N.2.

Since the production of professional-level written work is one of the aims of the class, I will read and edit your work as the editor of a professional journal or the moderator of a technical session at a professional conference would. The reminders below will help you prepare professional written work appropriate to any situation. Note the asterisked errors in #'s 3, 4, 9, 11, 12, 15, 16,

19, 21, and 25 (some have more than one error):

1. Staple all papers for this class in the upper left-hand corner. Do not use covers, binders, or other means of keeping the pages together.

2. Number all pages after the title page. Notes and references do not count against page limits.

3. Use formal, academic prose. Avoid colloquial language, *you know?* It is essential in graduate work and in professional communication to avoid failures in diction – be serious and academic when called for, be informal and relaxed when called for, and be everything in between as necessary. For this course, avoid words and phrases such as "agenda," "problem with," "deal with," "handle," "window of," "goes into," "broken down into," "viable," and

"option."

4. Avoid clichés. They are vague, *fail to "push the envelope," and do not provide "relevant input."*

5. Avoid computer technospeak like "input," "feedback," or "processing information" except when using such terms in specific technical ways.

6. Avoid using “content” as a noun.

7. Do not use the term "relevant" except in its information retrieval sense. Ordinarily, it is a colloquial cliché, but it also has a strict technical meaning in information studies.

8. Do not use "quality" as an adjective; it is vague, cliché, and colloquial. Instead use "highquality," "excellent," "superior," or whatever more formal phrase you deem appropriate.

9. Study the APA style convention for the proper use of ellipsis*. . . .*

10. Avoid using the terms "objective" and "subjective" in their evidentiary senses; these terms entail major philosophical, epistemological controversy. Avoid terms such as "facts,"

"factual," "proven," and related constructions for similar reasons.

11. Avoid contractions. *Don't* use them in formal writing.


12. Be circumspect in using the term "this," especially in the beginning of a sentence. *THIS* is often a problem because the referent is unclear. Pay strict attention to providing clear referents for all pronouns. Especially ensure that pronouns and their referents agree in

CONTINUED


number; e.g., "each person went to their home" is a poor construction because "each" is singular, as is the noun "person," while "their" is a plural form. Therefore, either the referent or the pronoun must change in number.

13. "If" ordinarily takes the subjunctive mood, e.g., "If he were [not "was"] only taller."

14. Put "only" in its appropriate place, near the word it modifies. For example, it is appropriate in spoken English to say that "he only goes to Antone's" when you mean that "the only place he frequents is Antone's." In written English, however, the sentence should read "he goes only to Antone's."

15. Do not confuse possessive, plural, or contracted forms, especially of pronouns. *Its* bad.

16. Do not confuse affect/effect, compliment/complement, or principle/principal. Readers will not *complement* your work or *it's* *principle* *affect* on them.

17. Avoid misplaced modifiers; e.g., it is inappropriate to write the following sentence: As someone interested in the history of Mesoamerica, it was important for me to attend the lecture. The sentence is inappropriate because the phrase "As someone interested in the history of Mesoamerica" is meant to modify the next immediate word, which should then, obviously, be both a person and the subject of the sentence. It should modify the word "I" by preceding it immediately. One good alternative for the sentence is: As someone interested in the history of Mesoamerica, I was especially eager to attend the lecture.

18. Avoid use of "valid," "parameter," "bias," "reliability," and "paradigm," except in limited technical ways. These are important research terms and should be used with precision.

19. Remember that the words "data," "media," "criteria," "strata," and "phenomena" are all

PLURAL forms. They *TAKES* plural verbs. If you use any of these plural forms in a singular construction, e.g., "the data is," you will make the instructor very unhappy :-(.

20. "Number," "many," and "fewer" are used with plural nouns (a number of horses, many horses, and fewer horses). “Amount," "much," and "less" are used with singular nouns (an amount of hydrogen, much hydrogen, and less hydrogen). Another useful way to make this distinction is to recall that "many" is used for countable nouns, while "much" is used for uncountable nouns.

21. *The passive voice should generally not be used.*

22. "Between" is used with two alternatives, while "among" is used with three or more.

23. Generally avoid the use of honorifics such as Mister, Doctor, Ms., and so on when referring to persons in your writing, especially when citing their written work. Use last names and dates as appropriate in APA.

24. There is no generally accepted standard for citing electronic resources. If you cite them, give an indication, as specifically as possible, of:

- responsibility

- title

- date of creation

(who?)

(what?)

(when?)


- date viewed

- place to find the source

(when?)

(where? how?).

CONTINUED


See the Publication Manual of the American Psychological Association (2001, 5th ed., pp. 213-214,

231, and 268-281) for a discussion of citing electronic material and useful examples. Also see

Web Extension to American Psychological Association Style (WEAPAS) at http://www.beadsland.com/weapas/#SCRIBE for more guidance.

25. *PROFREAD! PROOFREED! PROOOFREAD!*

26. Citation, quotation, and reference are nouns; cite, quote, and refer to are verbs.

27. Use double quotation marks (“abc.”), not single quotation marks (‘xyz.’), as a matter of course. Single quotation marks are to be used to indicate quotations within quotations.

28. Provide a specific page number for all direct quotations. If the quotation is from a Web page or other digital source, provide at least the paragraph number and/or other directional cues, e.g., “(Davis, 1993, section II, ¶ 4).”

29. In ordinary American English, as ≠ because.

30. Use "about" instead of the tortured locution "as to."

31.

In much of social science and humanistic study, the term "issue" is used in a technical way to identify sources of public controversy or dissensus. Please use the term to refer to topics about which there is substantial public disagreement, NOT synonymously with general terms such as "area," "topic," or the like.

32.

Please do not start a sentence or any independent clause with “however.”

33.

Avoid the use of “etc.” – it is awkward, colloquial, and vague.

34.

Do not use the term “subjects” to describe research participants. “Respondents,”

“participants,” and “informants” are preferred and have been for decades.

35.

Do not use notes unless absolutely necessary, but, if you must use them, use endnotes not footnotes.


Symbol

#

AWK

BLOCK caps

COLLOQ dB

FRAG j

ITAL lc lib'ship org, org’l

PL

Q

Q’naire

REF?

RQ sp

SING w/ w.c.?

SOME EDITING CONVENTIONS FOR STUDENTS’ PAPERS

Meaning number OR insert a space; context will help you decipher its meaning awkward; and usually compromises clarity as well make into a block quotation without external quotation marks; do so with quotations ≥ 4 lines capitalize colloquial and to be avoided database sentence fragment; often that means that the verb and/or subject of the sentence is missing italicize journal make into lower case librarianship organization, organizational plural question questionnaire what is the referent of this pronoun? to what or whom does it refer? research question spelling singular with word choice?


I also use check marks to indicate that the writer has made an especially good point. Wavy lines indicate that usage or reasoning is suspect.


GRADING

Grades for this class include:

A+

A

A-

B+

B

B-

C+

C

C-

F

Extraordinarily high achievement

Superior

Excellent

Good

Satisfactory

Barely satisfactory

Unsatisfactory

Unsatisfactory

Unsatisfactory

Unacceptable and failing. not recognized by the University

4.00

3.67

3.33

3.00

2.67

2.33

2.00

1.67

0.00.

See the memorandum from former Dean Brooke Sheldon dated August 13, 1991, and the notice in the School of Information student orientation packet for explanations of this system. Consult the iSchool Web site (http://www.ischool.utexas.edu/programs/general_info.php) and the Graduate

School Catalogue (e.g., http://registrar.utexas.edu/catalogs/grad07-

09/ch01/ch01a.grad.html#The-Nature-and-Purpose-of-Graduate-Work and http://registrar.utexas.edu/catalogs/grad07-09/ch01/ch01b.grad.html#Student-Responsibility) for more on standards of work. While the University does not accept the grade of A+, the instructor may assign the grade to students whose work is extraordinary.

The grade of B signals acceptable, satisfactory performance in graduate school. The instructor reserves the grade of A for students who demonstrate not only a command of the concepts and techniques discussed but also an ability to synthesize and integrate them in a professional manner and communicate them effectively, successfully informing the work of other students.

The grade of incomplete (X) is reserved for students in extraordinary circumstances and must be negotiated with the instructor before the end of the semester. See the former Dean's memorandum of August 13, 1991, available from the main iSchool office.

I use points to evaluate assignments, not letter grades. Points on any assignment are determined using an arithmetic – not a proportional – algorithm. For example, 14/20 points on an assignment does NOT translate to 70% of the credit, or a D. Instead 14/20 points is roughly equivalent to a B. If any student's semester point total ≥ 90 (is equal to or greater than 90), then s/he will have earned an A of some kind. If the semester point total ≥ 80, then s/he will have earned at least a B of some kind. Whether these are A+, A, A-, B+, B, or B- depends upon the comparison of point totals for all students. For example, if a student earns a total of 90 points and the highest point total in the class is 98, the student would earn an A-. If, on the other hand, a student earns 90 points and the highest point total in the class is 91, then the student would earn an A. This system will be further explained throughout the semester.


TEXTS AND OTHER TOOLS

There are five required texts for this class, and they are available at the Co-op on Guadalupe:

Boyle, James. (1996). Shamans, software, & spleens: Law and the construction of the information

society. Cambridge, MA: Harvard University Press.

Goldstein, Paul. (2003). Copyright’s highway: From Gutenberg to the celestial jukebox (rev. ed.).

Stanford, CA: Stanford University.

Hess, Charlotte, & Ostrom, Elinor. (Eds.). (2007b). Understanding knowledge as a commons:

From theory to practice. Cambridge, MA: MIT Press.

Litman, Jessica. (2001). Digital copyright. Amherst, NY: Prometheus Books.

Vaidhyanathan, Siva. (2001). Copyrights and copywrongs: The rise of intellectual property and

how it threatens creativity. New York: New York University Press.

There are four recommended texts as well:

Lessig, Lawrence. (2001). The future of ideas: The fate of the commons in a connected world. New

York: Random House.

Lessig, Lawrence. (2004). Free culture: How big media uses [sic] technology and the law to lock

down culture and control creativity. New York: Penguin.

Russell, Carrie. (2004). Complete copyright: An everyday guide for librarians. Washington, DC:

American Library Association, Office for Information Technology Policy.

Vaidhyanathan, Siva. (2004). The anarchist in the library: How the clash between freedom and

control is hacking the real world and crashing the system. New York: Basic Books.

Additional readings will be available online and/or on reserve at PCL.

The course Web site, including Blackboard, as well as direct email messages, will inform students of changes in the course schedule, assignments, and so on. All course participants can use both means to communicate, share information regarding interesting events and resources, and the like.

By the second class, please subscribe to three lists that feature discussions about copyright:

Coalition for Networked Information copyright list, now owned by Peter Jaszi: http://roster.wcl.american.edu/cgi-bin/wa.exe?A0=PIJIP-

COPYRIGHT&X=5D71B90996102E1081&Y=mpalmedo%40wcl.american.edu

The archives through February 2007 live at http://www.cni.org/forums/cnicopyright/cni-copyright.html


Politech: http://politechbot.com/mailman/listinfo/politech

Digital Copyright Digest: http://www.umuc.edu/distance/odell/cip/listserv.html

[send subscription message to digital-copyright-digest-subscribe@lists.umuc.edu


LIST OF ASSIGNMENTS

The instructors will provide additional information about each assignment. Written assignments are to be word-processed and double-spaced in 10- or 12-point font, with 1" margins.

Assignments are due in class except for the online assignments.

Assignment

In-class preparation and participation

Date Due

-----

Percent of Grade

10%

Leading in-class discussion GROUP

Paper on fair use (3-5 pp.) and Rice (2002) (7 pp.)

Paper on Netanel (2008), Elkin-Koren (2000),

Identification and approval of topic for final paper

Choice of classmate’s paper to review

Draft of final paper (≥10 pp.)

Peer review of classmate’s draft (3-4 pp.)

In-class presentation

FEB 7

FEB 21

MAR 27

FEB 14

MAR 20

MAR 20

APR 10

APR 17

APR 24

25

10

15

---

---

---

10

APR 17, 24

MAY 1

---

Final paper (15-20 pp.) FRIDAY, MAY 9

12:00 N in SZB 564

30

All assignments must be handed in on time, and the instructor reserves the right to issue a course grade of F if any assignment is not completed. Late assignments will be accepted only if:

1. At least 24 hours before the date due, the instructor gives explicit permission to the student to hand the assignment in late.

2. At the same time, a specific date and time are agreed upon for the late submission.

3. The assignment is then submitted on or before the agreed-upon date and time.

The first criterion can be met only in the most serious of health, family, or personal situations.

All of your assignments should adhere to the standards for written work; should be clear, succinct, and specific; and should be explicitly grounded in the readings, class discussions, and


other sources as appropriate. You will find it particularly useful to write multiple drafts of your papers.


Meeting Date

1 JAN 17

OUTLINE OF COURSE

Topics and assignments

2

3

4

5

8

6

7

9

JAN 24

JAN 21

FEB 7

FEB 14

FEB 21

FEB 28

MAR 6

Introduction to the course and review of the syllabus

Introduction to the concept of “intellectual property”

The exclusive rights of rights holders

Exceptions to these exclusive rights

Origins of U.S. copyright law

How to find, read, and summarize a copyright case [Georgia Harper]

How to find, read, and summarize a copyright statute

Invention of the author and the idea of the unitary work

Student-led discussion – International copyright treaties and organizations GRP

Fair use

Four-factor fair use test: Guidelines and application to different media

Will fair use survive?

• Due: Paper on fair use (10%; 3-5 pp.)

Student-led discussion – The public domain and its enclosure GRP

Discussion of students’ papers

Library privileges and the first sale doctrine [Carlos Ovalle]

The Digital Millennium Copyright Act (DMCA)

Provisions

Anti-circumvention

Threats to fair use and other statutory exemptions

Legislative history

Mar 16 Spring Break: No class

MAR 20 Knowledge as a commons – foundations and critique

Copyleft and the creative commons


• Due: Paper on Netanel (2008), Elkin-Koren (2000), and Rice (2002)

(15%) (7 pp.)

• Due: Identification and approval of topic for final paper


12

13

14

10

11

MAR 27

APR 3

APR 10

APR 17

Student-led discussion: Personhood and property – constitutive and alienable property, cultural production GRP

Knowledge as a commons – continued

Copyright, privacy, and surveillance

Copyright and freedom of expression

Licensing [Georgia Harper]

Vicarious liability

Federal pre-emption of state statutes

• Due: Choice of classmate’s paper to review

Paper presentations

• Due: Draft of final paper (≥10 pp.)

APR 24 Paper presentations

15 MAY 1

• Due: Peer review of classmate’s draft (10%) (3-4 pp.)

Course evaluation

Summary and trends

Paper presentations

FRIDAY, MAY 9, 12:00 N in Doty’s mailbox in SZB 564

• Due: Final paper (30%) (15-20 pp.)


SCHEDULE

This schedule is tentative and may be adjusted as the class progresses. GRP indicates a group assignment, and AS indicates additional sources. CD indicates that a document can be found in the Course Documents section of the class Blackboard site. The various court cases and portions of the U.S. Code can be found online.

DATE

JAN 17

TOPICS, ASSIGNMENTS, AND READINGS

Introduction to the course and review of the syllabus

Introduction to the concept of “intellectual property”

The exclusive rights of rights holders

Exceptions to these exclusive rights

READ: Litman (2001), Introduction, Chapters 1 and 2

Copyright Act (see U.S. Copyright Office, 2004) online

Pyle (1989) online

Copyright Act §§ 106, 106A, 107, 108, 109, 110, 121 (skim)

AS: GartnerG2 & Berkman Center (2003, pp. 1-30)

Bollier et al. (2006) online [Public Knowledge]

Miller & Davis (1990, pp. 323-339)

SUBSCRIBE: CNI-COPYRIGHT-digest@cni.org

Politech and Digital Copyright Digest

JAN 24 Origins of U.S. copyright law

How to find, read, and summarize a copyright case [Georgia Harper]

How to find, read, and summarize a copyright statute

READ: Goldstein (2003), 1

Boyle (1996), Preface, 1

Litman (2001), 3, 4, and 5

Vaidhyanathan (2001), Introduction, 1 and 2

Copyright Act §§ 104, 104A (see U.S. Copyright Office, 2004) online

Association of Research Libraries (ARL) (2002) [Timeline . . .] online

Patterson (2003) online

Rose (2002a) CD

Eldred v. Ashcroft, 537 (2003) [read majority opinion + both dissents]

AS: Kimber (2003) online

Martin (2003) online

Mohr (2002) online

JAN 31 Invention of the author and the idea of the unitary work

READ: Boyle (1996), 6, 10, and 11

(U.S. Congress) OTA (1986), Summary online

Barthes (1977) online


AS:

Klages (2001) online

Foucault (1984) CD

Woodmansee (1994) CD

Mannheimer (2007)

Rose (1988)


FEB 7

FEB 14

Student-led discussion – International copyright treaties and organizations GRP

READ: Carroll (2004) online

AS:

Fair use

Goldstein (2003), 5

Okediji (1999) CD

Braman (2003)

Ginsburg (2003)

READ: Boyle (1996), 3, 4, and 5

Goldstein (2003), 4

Slater (2003) online

Copyright Act, § 107

ARL/ALA et al. (2003) online

American Geophysical Union v. Texaco (1994)

AS:

Kelly v. Arriba Corp. (2003)

Sony v. Universal City Studios (1984)

Ad Hoc Committee (1976)

Crews (1996)

Duke Law Center for the Public Domain (2004) online

Harper (2005a) online

Harper (2005b) online

Illegal Art (2003) online

Harper & Row, Publishers, Inc. v. Nation Enterprises, Inc. (1985)

Princeton University Press, v. Michigan Document Services (1996)

FEB 21

• Due: Paper on fair use (10%; 3-5 pp.)

Student-led discussion – The public domain and its enclosure GRP


AS:

READ: Litman (2001), 6, 7, and 8

Kranich (2007)

Review Eldred v. Ashcroft (2003) from week 2

Boyle (2003b) online

Rose (2002b) online

Copyright Act §§ 101, 102, 103, 302, 303, 304, 305

Feist v. Rural Telephone (1991)

Kranich & Schement (2008)

Lange (2003)

Lessig (2001a), Preface and 1-8

National Research Council (1999)

Nimmer & Krauthaus (1992) online CD

Satava v. Lowry (2003)



FEB 28

MAR 6

Library privileges and the first sale doctrine [Carlos Ovalle]

READ: American Association of Law Libraries (2002) online

Interlibrary loan guidelines (1976) online

Copyright Act §§ 108 and 109

AS: Gasaway (1999) online

Hedstrom (n.d.) online

Hyde (2001) online

Mayfield (2004)

Minow (1996-2003) online

Palmedo (2001) online

The Digital Millennium Copyright Act (DMCA) – anti-circumvention as threat to fair use and other statutory exemptions – and legislative history

READ: Goldstein (2003), 6

Litman (2001), 9, 10, and 11

Band (2004) CD

Morrow & Sullivan (2004) CD

Copyright Act, §§ 1201 and 1202

17 USC 1201(2) – chart summarizing prohibitions of 1201 and 1202 CD

Legislative history of the anti-circumvention provisions (n.d.) online

Electronic Frontier Foundation (2003) online

AS: Digital Media Consumer Rights Act (HR 1201 IH) online

Lessig (2001b)

Molina (2003) online

Universal Studios v. Corley (2001)

Mar 13

MAR 20

Spring Break: No class

Knowledge as a commons – foundations and critique

Copyleft and the creative commons


READ: Hess & Ostrom (2007a) (and Glossary, pp. 349-352)

Bollier (2007)

Ostrom & Hess (2007)

Vaidhyanathan (2001), 3, 4, 5, and Epilogue

Graham & Mumford (2005) CD

Free Software Foundation (2004) online

Creative Commons (2004) online, passim

AS: Schweik (2007)

Suber (2007)

Fisher (2004) passim

Lessig (2001a), 9-15

McLeod (2003)

Public Domain Enhancement Act [originally the Eldred Act] online

U.S. Congress (2005b) online


U.S. Congress (2005b) online

• Due: Paper on Netanel, Elkin-Koren, and Rice (15%) (7 pp.)

• Due: Identification and approval of topic for final paper

MAR 27

APR 3

Student-led discussion: Personhood and Property – constitutive and alienable

AS: property, cultural production GRP

Knowledge as a commons – continued

READ: Radin (1982) online

Saporita (2003) online

Nimmer & Krauthaus (1992) online

Ghosh (2007)

Levine (2007)

Lougee (2007)

Radin (1987)

Chartier (2002)

Ginsburg (2003)

Waters (2007)

Caslon Analytics (2004) online

Australian Attorney-General (1994) online

Wardrop (2002) online

World Intellectual Property Organization (c. 2004) online

Copyright, privacy, and surveillance

Copyright and freedom of expression

READ: Litman (2001), 12

Lemley & Volokh (1998) online

Netanel (2001) online

Rubenfeld (2002) online

AS: Lessig (1999a) [11]

Lessig (1999b) [12]

Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc. (1999)

Recording Industry Association of America v. Verizon Internet Services (2003)

Stefik (1996a)

Stefik (1996b)

APR 10 Licensing [Georgia Harper]

Vicarious liability

Federal pre-emption of state statutes

READ: Review Goldstein (2003), 1

Karjala (1997) online

Baystate v. Bowers Discussion (2003)


Blizzard Entertainment v. Jung (2005)

Cummins (2005) on Schwartz v. Berkeley Historical Society online

APR 17

AS:

•

Lemley & Reese (2004) online

Marlotta-Wurgler (2007)

Due: Choice of classmate’s paper to review

Paper presentations

• Due: Draft of final paper (≥10 pp.)

APR 24

MAY 1

Paper presentations

• Due: Peer review of classmate’s draft (10%) (3-4 pp.)

Course evaluation

Summary and trends

Paper presentations

READ: Boyle (1996), 13, Conclusion, and Appendix A

Goldstein (2003), 7

Boyle (1997) online

Boyle (2007a) online

Boyle (2007b)

AS:

Litman (2007) online

Oberholzer & Strumpf (2004) online

Stallman (1997) online

Cox & Swarthout (2007)

Cohen (2005)

Lemley (2004) [shorter version Lemley (2005)]

Negativland (2004)

Litman (1992)

GartnerG2 & Berkman Center (2003, pp. 31-45)

FRIDAY, MAY 9, 12:00 N in Doty’s mailbox in SZB 564

• Due: Final paper (30%) (15-20 pp.)

Copyright Clearance Center (2005)

McGowan (2004)


ASSIGNMENTS

Leading in-class discussion GROUP (25%) – due FEB 7 (5), FEB 21 (19), MAR 27 (25)

Each student will self-select into one group of 4-5 students to lead class discussions on these dates:

 February 7

 February 21

International copyright treaties and organizations

The public domain and its enclosure

 March 27 Personhood and property – constitutive and alienable property, cultural production.

There are four elements of this assignment:

 Each team will prepare three or four questions to help facilitate the classroom discussion, and these questions should be posted to the Blackboard site in the appropriate forum no later than 12:00 N the Tuesday before class, i.e., February 5, February 19, and March 25. Each team should work as a group to develop these questions, and the other members of the class should check the forum before class to prepare for the discussion. The discussion leaders should prepare a handout with the questions to distribute in class.

 The instructor will make a few comments (perhaps 10-15 minutes’ worth) before turning the class over to each team to lead the discussion for 90 minutes. Each member of the team should assume roughly the same amount of leadership in the class; no one should dominate the conversation. Be prepared to run class for an hour and a half – for about an hour up to the break and then for another 30 minutes after the break. The instructor will use the last 30 minutes to expand on the day’s topic and/or introduce new material.

 Each team should also distribute in class an annotated bibliography of ten (10) items germane to the day’s discussion. The annotations should be about 3-4 sentences long and should be very specific about the sources’ value to the day’s topic. The team should distribute a paper copy of the annotated bibliography to each member of the class and give two paper copies to the instructors in class.

 The team should post the annotated bibliography in the appropriate Blackboard forum no later than 9:00 AM the day of class.

The discussion questions and facilitating the discussion will be worth 10% of your grade, while the annotated bibliography will be worth 15% of your grade. All members of the group will receive the same grade for both elements of the assignment.

The most important word of advice I can offer is to remind you to facilitate the discussion, not monopolize it – get your classmates involved.

Paper on fair use (10%) – due FEB 14


Each student will analyze what two important cases, Sony and Texaco, say and have as implications for the concept of fair use, particularly in the context of what we might broadly call the conflict between conceptualizing copyright as a statutory right (a utilitarian argument) and conceptualizing copyright as a natural right (a property or sweat-of-the-brow argument).

What does each case say? How and why is the case important for fair use? What do the two cases imply for questions related to the conflict between statutory and natural rights arguments?

Use any and all of the course readings, class discussion, and other materials you find appropriate to engage these and other questions you regard as important.

The analysis should be 3-5 double-spaced pp. long and posted to Blackboard in the appropriate forum. This analysis is due no later than 8:00 AM, Thursday, February 14. Also hand in two paper copies of your analysis in class.

Paper on Netanel (2008), Elkin-Koren (2000), and Rice (2002) (15%) – due MAR 20

Neil Netanel (2008) describes and critiques the expansion of copyright in America, using historical and rhetorical analysis. Niva Elkin-Koren (2000) writes about the privatization of information policy in the United States, while David Rice considers what he calls the talismanic use of “property” in U.S. discussions of digital works.

Using these sources, please answer these three questions in 7 double-spaced pp.:

1.

In your opinion, what are the major elements of Netanel’s argument? (3 pp.)

2.

What are the major ways that Netanel, Elkin-Koren, and Rice inform each other’s work?

In what important ways do they differ? (4 pp.)

Be clear and specific. Feel free to use other sources as you see fit; you may find Litman (2001) particularly useful for this assignment.

Final paper and peer review of classmate’s draft (40%) – due APR 17, APR 24, MAY 1, MAY 9

Each student will choose one aspect of the copyright regime in the U.S. to write about at length, especially keeping in mind our legal and cultural emphases this semester. The final paper should be 15-20 double-spaced pp.

There are six deadlines for this assignment, one of which is variable:

 Identification and approval of topic – due MAR 20

Each student must submit a topic for the final paper for approval of the instructor no later than March 20. Post a note to the appropriate forum in Blackboard so that the class can review them as well. The topic can be related to the texts we have read, cases we have reviewed, or material we have not explicitly covered in our semester’s work. Useful sources for ideas include class readings and additional sources in the syllabus, your own knowledge of copyright, discussion with the instructors and your colleagues (both inside and outside of the class), reading ahead in the syllabus to identify upcoming topics, the mass media, Web and other Internet sources, and the bibliographies of what you read.


Do not limit your consideration of topics to those in the early part of the semester – the more initiative you take in identifying a topic of interest to you, the better the final product will be.

 Choice of classmate’s paper to review – due APR 10

No later than April 10, each student will choose to be a peer reviewer for another student’s final paper. While the choices will generally be on a first-come-first-served basis, the instructors reserve the right to assign partners for appropriate reasons. Students will notify the instructors by private email about their choices and will receive replies about them.

 Draft of final paper – due APR 17 – ≥ 10 pp.

Each student will turn in two copies of a draft of the final paper for the course on April 17.

One copy will be for the peer reviewer, the other for the instructor. This draft should be a minimum of 10 double-spaced pp., containing all the elements of the final paper, including a

one-page abstract.

 Peer review of classmate’s draft (10%) – due APR 24 – 3-4 pp.

Each individual student will review another student’s draft and submit two copies of a three- to four-page, double-spaced critique of the paper: one to the student who wrote the draft and one to the instructor. Be specific in your critique -- what works in the draft? What does not? Why or why not? What specific suggestions can you offer for improvement to the paper, whether about the topic, the argument, definitions, organization, sources, composition, citations, lay-out, and so on? Help your classmates improve their work – this kind of review is one of the primary characteristics of professional life.

 In-class presentation – (APR 3) APR 17, APR 24, or MAY 1

Each student will make a 20-minute oral presentation about the final paper. While the presentation will be informal and ungraded, you should plan to use visuals and handouts as appropriate; both Windows and Mac computers will be available, as will an Internet connection and a LitePro. Each peer editor will act as first respondent to the presentation.

The dates for the presentations are April 19, April 26, and May 3. Please notify me of your preference for presentation dates no later than Thursday, April 3.

 Final paper (30%) – due FRIDAY, MAY 9, 12:00 N in Doty’s mailbox in SZB 564 – 15-20 pp.

This is a final paper of 15-20 double-spaced pages that considers any approved topic in copyright. Your paper should be both analytic and holistic and include a one-page abstract.

Remember to look at three sections in the syllabus: (1) Analysis in Reading, Writing, and

Presenting, (2) Standards for Written Work, and (3) Suggestions for Writing Policy Analysis.

Although your paper need not follow the policy analytic models fully, it should be informed by the systematic consideration of public conflicts that policy analysis provides. Pertinent policy instruments, stakeholders, and recommendations to resolve conflicts are of particular interest.

Post your final paper to the appropriate forum in the class Blackboard site no later than 12:00

N, May 9.


AND

Put two copies of your final paper in Doty’s mailbox in SZB 564 by no later than 12:00 N

Friday, May 9.


SUGGESTIONS FOR WRITING POLICY ANALYSIS

This section of the syllabus offers three general, interrelated models for doing policy analysis and then writing policy reports, beyond that offered in Majchrzak (1984). You can use these to guide your own writing as your study of copyright and policy analysis progresses beyond this semester, but they are also useful for evaluating the work of others. Such evaluations are common in policy studies, whether for critique, literature review, or formal peer review. Policy analysts constantly review each other’s work in a collegial but rigorous way.

The first model is based on one offered by Charles R. McClure, with my own modifications added. Particular analysts and topics may demand different approaches:

• Abstract

• Introduction

Importance of specific topic

Definition of key terms

Key stakeholders

Key policy areas needing analysis and resolution

• Overview of current knowledge

Evaluative review of the literature about the topic, including print and electronic sources

• Existing policy related to the topic

The most important legislative, judicial, and regulatory policy instruments

Ambiguities, conflicts, problems, and contradictions related to the instruments

• Key issues

Underlying assumptions

Effects on and roles of key stakeholders

Conflicts among key values

Implications of issues

• Conclusions and recommendations

Recommendations

Rationale for recommendations

Implications and possible outcomes of specific courses of action

• References

APA style

All sources cited in the paper.


Bardach (2000) is the source for the second approach to doing policy analysis. His book is entitled A Practical Guide for Policy Analysis: The Eightfold Path to More Effective Problem Solving.

As such, the first two thirds of his book focuses on this “eightfold path,” in a way reminiscent of

Majchrzak (1984). Bardach identifies eight steps in policy analysis (using his words):

 Define the problem

 Assemble some evidence

 Construct the alternatives (for action)

 Select the criteria

 Project the outcomes

 Confront the trade-offs

 Decide!

 Tell your story.

Despite his somewhat misplaced emphasis on problem solving (see, e.g., Schön, 1993) and an implicit linearity he uses to characterize policy analysis, his book is very useful for understanding the overwhelming importance of (1) narrative in the process of policy analysis, (2) iteration in analysis, and (3) clarity in argumentation. Bardach also gives some important insights into the contributions of econometric analysis to policy studies.

The third model is based primarily on the work of William Dunn, with contributions from the work of Ray Rist on qualitative policy research methods, Emery Roe on narrative policy analysis, and Donald Schön on generative metaphor. I avoid the rhetoric of problems and problem solving deliberately; see, e.g., Doty (2001).


Elements of the policy issue paper (adapted from Dunn, 1994, with material from Rist, 1994;

Roe, 1994; and Schön, 1993)

Element Examples of Evaluative Criteria

Executive summary

Background of the issue or dilemma

Description of the social dilemma

Outcomes of earlier efforts to address the dilemma

Scope and severity of the conflict

Assessment of past policy efforts

Significance of the conflict

Need for analysis

Issue statement

Definition of the issue

Major stakeholders

Goals and objectives

Measures of effectiveness

Potential “solutions” or new understandings

Policy alternatives

Description of alternatives

Comparison of future outcomes

Externalities

Constraints and political feasibility

Policy recommendations

Criteria for recommending alternatives

Descriptions of preferred alternative(s)

Outline of implementation strategy

Limitations and possible unanticipated outcomes

References

Appendices

Are recommendations highlighted?

Are all the important terms clearly defined?

Are all appropriate dimensions described?

Are prior efforts clearly assessed?

Why is the social conflict important?

What are the major assumptions and questions to be considered?

Is the issue clearly stated?

Are all major stakeholders identified and prioritized?

Is the approach to analysis clearly specified?

Are goals and objectives clearly specified?

Are major value conflicts identified and described?

Are alternatives compared in terms of costs and effectiveness?

Are alternatives systematically compared in terms of political feasibility?

Are all relevant criteria clearly specified?

Is a strategy for implementation clearly specified?

Are there adequate provisions for monitoring and evaluating policies, particularly unintended consequences?


REFERENCES

Many required readings are available online, as indicated below and in the class schedule. Some of the course readings are in the Course Documents section of the Blackboard site ( CD ).

Some of the readings, on the other hand, require you to be logged in with your UT EID through the

UT libraries. Those journals are usually available online for only part of their publication run; further, UT often has more than one arrangement through which to get these journals online, so there may be more than one URL for each journal. Feel free to explore the various online journal packages – the more familiar you are with such arrangements, the better researcher you will be.

I. References in the schedule and assignments

American Association of Law Libraries. (2002). First sale: The basics. http://www.aallnet.org/committee/copyright/pages/issues/firstsale.html

American Geophysical Union v. Texaco, 60 F.3d 913 (2d Cir. 1994) http://www.law.cornell.edu/copyright/cases/60_F3d_913.htm

ARL/ALA et al. (2003). Fair use and the development of e-reserve systems. http://www.utsystem.edu/ogc/intellectualproperty/fairusereserves.htm

Association of Research Libraries. (2002). Copyright timeline: A history of copyright in the United

States. http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml

Band, Jonathan. (2004). A new day for the DMCA: The Chamberlain and Lexmark decisions.

Patent, Trademark, and Copyright Journal [Bureau of National Affairs], 69(1697), 78-82. CD

Bardach, Eugene. (2000). A practical guide for policy analysis: The eightfold path to more effective

problem solving. New York: Chatham House.

Barthes, Roland. (1977). Death of the author (Trans. Stephen Heath). In Stephen Heath (Ed.),

Image music text (pp. 142-148). New York: Hill and Wang. http://faculty.smu.edu/dfoster/theory/Barthes.htm

Baystate v. Bowers Discussion. (2003). http://www.utsystem.edu/ogc/intellectualproperty/baystatevbowersdiscussion.htm

Blizzard Entertainment Inc. v. Jung (2005), 8th Cir., No. 04-3654, September 1

Bollier, David. (2007). The growth of the commons paradigm. In Charlotte Hess & Elinor

Ostrom (Eds.), Understanding knowledge as a commons: From theory to practice (pp. 27-40).

Cambridge, MA: MIT Press.

Boyle, James. (1996). Shamans, software, & spleens: Law and the construction of the information

society. Cambridge, MA: Harvard University.


Boyle, James. (1997). A politics of intellectual property: Environmentalism for the net? http://www.law.duke.edu/boylesite/intprop.htm

Boyle, James. (2003b). Foreword: The opposite of property? In James Boyle (Ed.), Collected

papers: Duke conference on the public domain (pp. 1-32). Durham, NC: Center for the Public

Domain. [This monograph also appeared as a special issue of Law and Contemporary Problems,

66(1-2), 1-483.]

Boyle, James. (2007a). Cultural environmentalism and beyond. Law & Contemporary Problems,

70(2), 5-21. Also available at http://www.law.duke.edu/shell/cite.pl?70+Law+&+Contemp.+Probs.+5+(spring+2007)

Boyle, James. (2007b). Mertonianism unbound? Imagining free, decentralized access to most cultural and scientific material. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding

knowledge as a commons: From theory to practice (pp. 123-144). Cambridge, MA: MIT Press.

Carroll, Terry. (2004). Copyright law FAQ (4/6): International aspects. http://www.faqs.org/faqs/law/copyright/faq/part4/

Creative Commons. (2004). http://creativecommons.org/

Cummins, Eric. (2005, August 2.). Who owns pictures of the past? Historic photo dispute pits copyright act against contract law. San Francisco Daily Journal. Available online

Doty, Philip. (2001). Policy analysis and networked information: “There are eight million stories

. . . .” In Charles R. McClure & John Carlo ?Bertot (Eds.), Evaluating networked information services:

Techniques, policy, and issues (pp. 213-253). Medford, NJ: Information Today.

Dunn, William N. (1994). Public policy analysis: An introduction (2 nd ed.). Englewood Cliffs, NJ:

Prentice-Hall.

Eldred v. Ashcroft, 537 U.S. 186 (2003) [read majority + both dissents] http://supct.law.cornell.edu/supct/html/01-618.ZS.html

Electronic Frontier Foundation. (2003, September 24). Unintended consequences: Five years under the DMCA (version 3). http://www.eff.org/IP/DMCA/unintended_consequences.php

Elkin-Koren, Niva. (2000). The privatization of information policy. Ethics and Information

Technology, 2(4), 201-209. Also available at http://www.springerlink.com/content/3lugryckutjl/?p=9ed7fd02ace24e7c958a892c69b44039&p i=27

Feist v. Rural Telephone, 499 U.S. 340 (1991) http://www.law.cornell.edu/copyright/cases/499_US_340.htm

Foucault, Michel. (1984), What is an author? In Paul Rabinow (Ed.), The Foucault reader (pp. 101-

120). New York: Pantheon Books. CD

Free Software Foundation. (2004). GNU's not Unix. http://www.gnu.org/home.html


Ghosh, Shubha. (2007). How to build a commons: Is intellectual property constrictive, facilitating, or irrelevant? In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a

commons: From theory to practice (pp. 209-246). Cambridge, MA: MIT Press.

Goldstein, Paul. (1992). Copyright. Law & Contemporary Problems, 55(2), 79-92. http://www.heinonline.org/HOL/Page?collection=lcpcf&handle=hein.journals/lcp55&id=417& size=2&rot=0&type=image

Goldstein, Paul. (2003). Copyright’s highway: From Gutenberg to the celestial jukebox (rev. ed.).


Graham, Neil E., & Mumford, Christine. (2005). Copyright office holds first roundtable on uncertainties surrounding orphan works. Patent, Trademark, and Copyright Journal [Bureau of

National Affairs], 70(1731), 407-412. CD

Hess, Charlotte, & Ostrom, Elinor. (2007a). Introduction: An overview of the knowledge commons. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From

theory to practice (pp. 1-26). Cambridge, MA: MIT Press.

Hess, Charlotte, & Ostrom, Elinor. (Eds.). (2007b). Understanding knowledge as a commons: From

theory to practice. Cambridge, MA: MIT Press.

Interlibrary Loan Guidelines [CONTU Guidelines]. (1976). Published in U.S. Congress

Conference Report, H.R. 94-1733. http://www.unc.edu/~unclng/ILL-guidelines.htm

Karlaja, Dennis S. (1997). Preemption of shrinkwrap and on-line licenses. University of Dayton

Law Review, 22, 511-543. Also available at http://homepages.law.asu.edu/%7Edkarjala/Articles/DaytonLRev1997.html

Kelly v. Arriba Soft Corp. (2003), 336 F. 3d 811, 9 th circuit http://images.chillingeffects.org/cases/Kelly_v_Arriba.html

Klages, Mary. (2001). Michel Foucault: “What is an author?” http://www.colorado.edu/English/ENGL2012Klages/foucault.html

Kranich, Nancy. (2007). Countering enclosure: Reclaiming the knowledge commons. In

Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From theory to

practice (pp. 85-122). Cambridge, MA: MIT Press.

Legislative history of anti-circumvention provisions. (n.d.). http://www2.ari.net/hrrc/html/_black_box__legislative_histor.html

Lemley, Mark A., & Volokh, Eugene. (1998). Freedom of speech and injunctions in intellectual property cases. Duke Law Journal, 48(2), 147-242. [log in through the Social Science Research

Network -- http://www.ssrn.com/index_sf.html] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=85608

Lessig, Lawrence. (2001a). The future of ideas: The fate of the commons in a connected world. New

York: Random House.

Lessig, Lawrence. (2004). Free culture: How big media uses [sic] technology and the law to lock down

culture and control creativity. New York: Penguin.


Lessig, Lawrence. (2007). Foreword. Law & Contemporary Problems, 70(2), 1-3. Also available at http://www.law.duke.edu/shell/cite.pl?70+Law+&+Contemp.+Probs.+1+(spring+2007)

Levine, Peter. (2007). Collective action, civic engagement, and the knowledge commons. In

Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From theory to


Litman, Jessica. (2001). Digital copyright. Amherst, NY: Prometheus Books.

Litman, Jessica. (2007). Creative reading. Law & Contemporary Problems, 70(2), 175-183. Also available at http://www.law.duke.edu/shell/cite.pl?70+Law+&+Contemp.+Probs.+175+(spring+2007)

Lougee, Wendy Pradt. (2007). Scholarly communication and libraries unbound: The opportunity of the commons. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge

as a commons: From theory to practice (pp. 311-332). Cambridge, MA: MIT Press.

Majchrzak, Ann. (1984). Methods for policy research. Newbury Park, CA: Sage.

Morrow, Thomas M., & Sullivan, Jeffrey D. (2004). Lexmark v. Static Control: Another circuit court reads limitations into DMCA’s sweeping statutory anti-circumvention strictures. Patent,

Trademark, and Copyright Journal [Bureau of National Affairs], 69(1696), 49-53. CD

Netanel, Neil Weinstock. (2001). Locating copyright within the First Amendment skein. Stanford

Law Review, 54(1), 1-86. [log in through the Social Science Research Network -- http://www.ssrn.com/index_sf.html] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=267848

Netanel, Neil [Weinstock]. (2008). Why has copyright expanded? Analysis and critique. In

Fiona Macmillan (Ed.), New directions in copyright laws (vol. 6). Also available at SSRN http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1066241

Nimmer, Raymond T., & Krauthaus, Patricia Ann. (1992). Information as a commodity: New imperatives of commercial law. Law & Contemporary Problems, 55(3), 103-130. Also available at http://www.heinonline.org/HOL/Page?handle=hein.journals/lcp55&id=1&size=2&collection=l cpcf&index=lcpcf

Oberholzer, Felix, & Strumpf, Koleman. (2004). The effect of file sharing on record sales: An empirical analysis. http://www.nber.org/~confer/2004/URCs04/felix.pdf

Okediji, Ruth. (1999). Perspectives on globalization from developing states: Copyright and public welfare in global perspective. CD

Ostrom, Elinor, & Hess, Charlotte. (2007). A framework for analyzing the knowledge commons.

In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From theory to


Patterson, L. Ray. (2003). What’s wrong with Eldred? An essay on copyright jurisprudence.

Journal of Intellectual Property Law, 10, 345ff. Also available at http://www.lexisnexis.com.ezproxy.lib.utexas.edu/us/lnacademic/results/docview/docvie w.do?risb=21_T2818532101&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKe y=29_T2818532106&cisb=22_T2818532105&treeMax=true&treeWidth=0&csi=146214&docNo=1


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Rice, David A. (2002). Copyright as talisman: Expanding “property” in digital works.

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Thousand Oaks, CA: Sage.

Roe, Emery. (1994). Narrative policy analysis: Theory and practice. Durham, NC: Duke University.

Rose, Mark. (2002a). Copyright and its metaphors. UCLA Law Review, 50(1), 1-15. http://heinonline.org/HOL/Page?handle=hein.journals/uclalr50&id=15&collection=journals

Rose, Mark. (2002b). Nine-tenths of the law: The English copyright debates and the rhetoric of the public domain. Law & Contemporary Problems, 66(75), 75-87. http://www.law.duke.edu/shell/cite.pl?66+Law+&+Contemp.+Probs.+75+(WinterSpring+200)

Rubenfeld, Jed. (2002). The freedom of imagination: Copyright’s constitutionality. Yale Law

Journal, 112 (1), 1-60. Also available at http://www.yale.edu/yalelj/112/112-1ab1.html

Russell, Carrie. (2004). Complete copyright: An everyday guide for librarians. Washington, DC:

American Library Association, Office for Information Technology Policy.

Saporita, Christopher. (2003). Reconciling human rights and sovereignty: A framework for global property law. Indiana Journal of Global Legal Studies, 10(2), 255-281. Also available at http://muse.jhu.edu.ezproxy.lib.utexas.edu/journals/indiana_journal_of_global_legal_studies/t oc/gls10.2.html

Schön, Donald A. (1993). Generative metaphor: A perspective on problem-setting in social policy. In Andrew Ortony (Ed.), Metaphor and thought (2nd ed., pp. 137-163). Cambridge, UK:

Cambridge University Press.

Slater, Derek. (2003). Take another little piece of my art [review of Illegal Art]. http://creativecommons.org/getcontent/features/illegalart

Sony v. Universal City Studios, 464 U.S. 417 (1984) http://www.eff.org/Legal/Cases/sony_v_universal_decision.html

Stallman, Richard. (1997). The right to read. Communications of the ACM, 40(2), 85-87. http://portal.acm.org/citation.cfm?id=253726&jmp=cit&dl=ACM&dl=ACM&CFID=://www.li

b.utexas.edu:9003/sfx_local?&CFTOKEN=www.lib.utexas.edu:9003/sfx_local?#CIT


U.S. Congress. Office of Technology Assessment. (1986). Summary. In Intellectual property

rights in an age of electronics and information (pp. 3-15). Washington, DC: Government Printing

Office. http://www.wws.Princeton.EDU/~ota/ns20/alpha_f.html

Vaidhyanathan, Siva. (2001). Copyrights and copywrongs: The rise of intellectual property and how it

threatens creativity. New York: New York University Press.

Vaidhyanathan, Siva. (2004). The anarchist in the library: How the clash between freedom and control

is hacking the real world and crashing the system. New York: Basic Books.

Woodmansee, Martha. (1994). On the author effect: Recovering collectivity. In Martha

Woodmansee & Peter Jaszi (Eds.), The construction of authorship: Textual appropriation in law and

literature (pp. 15-28). Durham, NC: Duke University. CD

II. Selected Important Court Cases

American Geophysical Union v. Texaco, 60 F.3d 913 (2d Cir. 1994) http://www.law.cornell.edu/copyright/cases/60_F3d_913.htm

Baystate v. Bowers Discussion. (2003). http://www.utsystem.edu/ogc/intellectualproperty/baystatevbowersdiscussion.htm

Blizzard Entertainment Inc. v. Jung (2005), 8th Cir., No. 04-3654, September 1

Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994) http://supct.law.cornell.edu/supct/html/92-

1292.ZS.html

Eldred v. Ashcroft, 537 U.S. 186 (2003) [read majority + both dissents] http://supct.law.cornell.edu/supct/html/01-618.ZS.html

Feist v. Rural Telephone, 499 U.S. 340 (1991) http://www.law.cornell.edu/copyright/cases/499_US_340.htm

Harper & Row, Publishers, Inc. v. Nation Enterprises, Inc., 471 US 539 (1985) http://www.bc.edu/bc_org/avp/cas/comm/free_speech/harperandrow.html

Kelly v. Arriba Soft Corp. (2003), 336 F. 3d 811, 9 th circuit http://images.chillingeffects.org/cases/Kelly_v_Arriba.html

Lochner v. New York 98 U.S. 45 (1905) http://www2.law.cornell.edu/cgibin/foliocgi.exe/historic/query=%5BGroup+198+U.S.+45:%5D(%5BLevel+Case+Citation:%5D%

7C%5BGroup+citemenu:%5D)/doc/%7B@1%7D/hit_headings/words=4/hits_only

MGM Studios, Inc. v. Grokster Ltd. http://www.eff.org/IP/P2P/MGM_v_Grokster/

Princeton University Press, v. Michigan Document Services, 99 F.3d 1381 (6th

Cir. 1996) http://www.law.emory.edu/6circuit/nov96/96a0357p.06.html


Sony v. Universal City Studios, 464 U.S. 417 (1984) http://www.eff.org/Legal/Cases/sony_v_universal_decision.html

Universal Studios v. Corley, 273 F.3d 429 (2d Cir. 2001) http://www.nd.edu/~pbellia/corley.pdf

III. Selected Additional Readings

Ad hoc committee on copyright law revision. (1976). Agreement on guidelines for classroom copying in not-for-profit educational institutions with respect to books and periodicals

[classroom guidelines]. Published in House Report 94-1476. http://www.unc.edu/~unclng/classroom-guidelines.htm

American Library Association. (2001a). UCITA (the Uniform Computer Information

Transactions Act): Concerns for libraries and the public. http://www.ala.org/washoff/ucita/index.html

American Library Association. (2001b). UCITA 101: What you should know about the Uniform

Computer Information Transactions Act. http://www.ala.org/washoff/ucita/ucita101.html

American Library Association. (2001c). Problems with a non-negotiated contract. http://www.ala.org/washoff/ucita/contract.html

Ashcroft, John. (2004, October 12). Prepared remarks: Release of the report of the Department of

Justice’s Task Force on Intellectual Property. http://www.usdoj.gov/ag/speeches/2004/agremarksprip.htm

Aufderheide, Patricia. (1999). Communications policy and the public interest: The Telecommunications

Act of 1996. New York: Guilford.

Australian Attorney-General. (1994). Stopping the rip-offs: Intellectual property protection for

Aboriginal and Torres Strait Islander peoples. http://www.ag.gov.au/agd/WWW/rwpattach.nsf/viewasattachmentPersonal/(CFD7369FCAE

9B8F32F341DBE097801FF)~stopping+the+rip-offs-no+frame.pdf/$file/stopping+the+rip-offsno+frame.pdf

Benkler, Yochai. (1999). Free as the air to common use: First Amendment constraint on enclosure of the public domain. New York Law Review, 74(354-446). [log in through the Social

Science Research Network -- http://www.ssrn.com/index_sf.html] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=168609

Bennett, Tony. (2003). The political rationality of the museum. In Justin Lewis & Toby Miller

(Eds.), Critical cultural policy studies: A reader (pp. 180-187). Oxford, UK: Blackwell.

Bettig, Ronald V. (1997). The enclosure of cyberspace. Critical Studies in Mass Communication,

14(2), 138-157.

Black's law dictionary (7th ed.) (1999). St. Paul, MN: West.


http://www.palkauf.com/tools/black's_law_dictionary.htm

Boisseau, D.L. (1993). Anatomy of a small step forward: The electronic reserve book room at

San Diego State University. Journal of Academic Librarianship, 18(6), 366-368.

Bollier, David, Bradford, Gigi, Racine, Laurie, & Sohn, Gigi B. (2006). So what. . . about copyright?

What artists need to know about copyright and trademark. Available at http://www.publicknowledge.org/resources/artists/so-what-about-copyright

Bowrey, Kathy, & Rimmer, Matthew. (2002). Rip, mix, burn: The politics of peer to peer and copyright law. First Monday, 7(8). http://www.firstmonday.org/issues/issue7_8/bowrey/index.html

Boyle, James. (2002). Fencing off ideas: Enclosure & the disappearance of the public domain. Daedalus, 131(2), 13-25.

Boyle, James. (2003). Collected papers: Duke conference on the public domain. Durham, NC:

Center for the Public Domain. [This monograph also appeared as a special issue of Law and

Contemporary Problems, 66(1-2), 1-483.]

Braman, Sandra. (2003). Trade and information policy. In Justin Lewis & Toby Miller (Eds.),

Critical cultural policy studies: A reader (pp. 282-301). Oxford, UK: Blackwell.

Branscomb, Anne Wells. (1994). Who owns information? From privacy to public access. New York:

BasicBooks.

Braunstein, Yale M. (1981). The functioning of information markets. In Jane H. Yurow and

Helen A. Shaw (Eds.), Issues in information policy (pp. 57-74). Washington, DC: National

Telecommunications and Information Administration, Department of Commerce.

Brush, Stephen B. (1993). Indigenous knowledge of biological resources and intellectual property rights: The role of anthropology. American Anthropologist, 95(3), pp. 653-686.

Caslon Analytics. (2004). Intellectual property guide. http://www.caslon.com.au/ipguide.htm

Chartier, Roger. (2002). Property & privilege in the republic of letters (trans. Arthur

Goldhammer). Daedalus, 131(2), 60-66.

Clifford, Ralph D. (2003). Amicus brief supporting Satava. http://www.snesl.edu/clifford/satava/brief.pdf

Ciffolilli, Andrea. (2004). The economics of open source hijacking and the declining quality of digital information resources: A case for copyright. First Monday, 9(9). http://www.firstmonday.org/issues/issue9_9/ciffolilli/index.html

Cohen, Julie E. (1996). A right to read anonymously: A closer look at “copyright management” in cyberspace. Connecticut Law Review, 28(4), 981-1040. Also available at http://www.heinonline.org.ezproxy.lib.utexas.edu/HOL/Page?handle=hein.journals/conlr28&i d=1&size=2&collection=journals&index=journals/conlr

Cohen, Julie E. (2005). The place of the user in copyright law. Fordham Law Review, 74, 347-

374. Also available at http://web.lexis-


nexis.com/universe/document?_m=afadc327936917bd72fff08bd6d5d45a&_docnum=1&wch p=dGLbVtb-zSkVb&_md5=a1799c13cbf60e112489faabe8e06f11 and http://papers.ssrn.com/sol3/papers.cfm?abstract_id=814664

Colwin, Jane. (2002). Getting started: Legal and ethical resources. In Tomas Lipinski (Ed.),

Libraries, museums, and archives: Legal Issues and ethical challenges in the new information era (pp.

295-302). Lanham, MD: Scarecrow Press.

Copyright Clearance Center. (2005). http://www.copyright.com/

Cox, James C., & Swarthout, J. Todd. (2007). EconPort: Creating and maintaining a knowledge commons. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From

theory to practice (pp. 333-347). Cambridge, MA: MIT Press.

Crews, Kenneth D. (1993). Copyright, fair use and the challenge for universities: Promoting the

progress of higher education. Chicago: University of Chicago Press.

Crews, Kenneth D. (1995). Copyright law and information policy planning: Public rights of use in the 1990s and beyond. Journal of Government Information, 22(2), 87-99.

Crews, Kenneth D. (2000). Copyright essentials for librarians and educators. Chicago: American

Library Association.

Crews, Kenneth D. (2001). The law of fair use and the illusion of fair-use guidelines. Ohio State

Law Journal, 62(2), 599-702.

Damich, Edward J. (1988). The right of personality: A common law basis for the protection of the moral rights of authors. Georgia Law Review, 23, 1-96. Also available at http://www.lexisnexis.com.ezproxy.lib.utexas.edu/us/lnacademic/search/homesubmitForm.d

o

Dervin, Brenda. (1994). Information <---> democracy: An examination of underlying assumptions. In Leah A. Lievrouw (Ed.), Information resources and democracy [Special issue]

(pp. 369-385). Journal of the American Society for Information Science, 45(6).

Digital Media Consumer Rights Act. (2005). Available at http://thomas.loc.gov/cgibin/query/z?c109:H.R.1201:

Douzinas, Costas, & Nead, Lynda. (Eds.). (1999). Law and the image: The authority of art and the

aesthetics of law. Chicago: University of Chicago.

Duke Law Center for the Public Domain. (2004). Arts Project Moving Image Contest http://www.law.duke.edu/cspd/contest/finalists/

Ferullo, Donna L. (2002, summer). The challenge of e-reserves. Net connect, 33-35.

Fisher, William W. II. (2004). Promises to keep: Technology, law, and the future of entertainment.


GartnerG2 & the Center for Internet & Society at Harvard Law School. (2003). Copyright and digital media in a post-Napster world. Publication No. 2003-05. http://cyber.law.harvard.edu/home/2003-05


Gasaway, Laura N. (1995). White Paper – A mixed bag. Tech Trends, 40(6), 6-8.

Gasaway, Laura N. (1999). Copyright considerations for fee-based document delivery services. http://www.unc.edu/~unclng/fee-based.htm

Gasaway, Laura N. (2000). Values conflict in the digital environment: Librarians versus copyright holders. http://www.unc.edu/~unclng/Columbia-article3.htm

Gasaway, Laura N., & Wiant, Sarah K. (1994). Copyright: A guide to copyright law in the 1990s.

Washington, DC: Special Libraries Association.

Ginsburg, Faye. (2003). Embedded aesthetics: Creating a discursive space for indigenous media.

In Justin Lewis & Toby Miller (Eds.), Critical cultural policy studies: A reader (pp. 88-99). Oxford,

UK: Blackwell.

Ginsburg, Jane C. (1990). Creation and commercial value: Copyright protection of works of information. Columbia Law Review, 90(7), 1865-1938. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/browse/00101958/ap030711?frame=noframe&user


Ginsburg, Jane C. (1993). Copyright without walls?: Speculations on literary property in the library of the future. In R. Howard Bloch & Carla Hesse (Eds.), Future libraries (pp. 53-73).

Berkeley, CA: University of California Press.

Glendon, Mary Ann. (1991). Rights talk: The impoverishment of political discourse. New York: The

Free Press.

Gordon, Wendy J. (1982). Fair use as market failure: A structural economic analysis of the

Betamax case and its predecessors. Columbia Law Review, 82(8), 1600-1657. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/browse/00101958/ap030648?frame=noframe&user


Gordon, Wendy J. (1992). Reality as artifact: From Feist to fair use. Law & Contemporary

Problems, 55(2), 93-106.

Greenwich Workshop, Inc. v. Tinker Creations, Inc. 932 F. Supp. 1210, C. D.

Cal. 1996 http://www.utsystem.edu/ogc/intellectualproperty/greenwichvtimber.htm

Harper, Georgia. (2001). Copyright in the library: Licensing. http://www.utsystem.edu/ogc/intellectualproperty/licrsrcs.htm

Harper, Georgia. (2005a). Fair use of copyrighted materials. http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

Harper, Georgia. (2005b). Google this. http://www.utsystem.edu/ogc/intellectualproperty/googlethis.htm

Hawke, Constance S. (2001). Computer and Internet use on campus: A legal guide to issues of

intellectual property, free speech, and privacy. San Francisco: Jossey-Bass.


Hedstrom, Margaret. (n.d.). Digital preservation: A time bomb for digital libraries. http://www.uky.edu/~kiernan/DL/hedstrom.html

Henderson, Carol C. (1998). Libraries as creatures of copyright: Why librarians care about intellectual property law and policy. Available at http://www.ala.org/Content/NavigationMenu/Our_Association/Offices/ALA_Washington/I ssues2/Copyright1/Copyright.htm

Hess, Carla. (2002). The rise of intellectual property, 700 B.C. – A.D. 2000: An idea in the balance. Daedalus, 131(2), 26-45.

Hoffman, Gretchen McCord. (2002a). What every librarian should know about copyright. Part I:

The basics. Texas Library Journal, 78(2), 56-63.

Hoffman, Gretchen McCord. (2002b). What every librarian should know about copyright. Part

II: Copyright in cyberspace. Texas Library Journal, 78(3), 15-18.

Hoffman, Gretchen McCord. (2002c). What every librarian should know about copyright. Part

III: Frequently asked questions. Texas Library Journal, 78(4), 148-151.

Hoffman, Gretchen McCord. (2003). What every librarian should know about copyright. Part

IV: Writing a copyright policy. Texas Library Journal, 79(1), 12-15.

Hollingsworth, Dana. (2001). General procedures contract checklist. http://www.utsystem.edu/ogc/smallcontracts/sccklist.html

Hyde, Bob. (2001).The first sale doctrine and digital phonorecords. Duke Law & Technology

Review, 18. http://www.law.duke.edu/journals/dltr/articles/2001dltr0018.html

Illegal art. (2003) http://www.illegal-art.org/

Information Infrastructure Task Force. Information Policy Working Committee. Working Group on Intellectual Property Rights. (1995, September). Intellectual property and the National

Information Infrastructure: The report of the Working Group on Intellectual Property Rights. http://www.uspto.gov/web/ipnii/ [Lehman Report, also known as the White Paper]

Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., 75 F. Supp. 2d

1290 (D. Ut. Central Division 1999) http://www.law.uh.edu/faculty/cjoyce/copyright/release10/IntRes.html

Jaszi, Peter. (1991). Toward a theory of copyright: The metamorphoses of “authorship.” Duke

Law Journal, 1991, 455-502. http://heinonline.org/HOL/Page?handle=hein.journals/duklr1991&size=2&rot=0&collection=j ournals&id=463

Jaszi, Peter. (1994). On the author effect: Contemporary copyright and collective creativity. In

Martha Woodmansee & Peter Jaszi (Eds.), The construction of authorship: Textual appropriation in

law and literature (pp. 29-56). Durham, NC: Duke University.

Jaszi, Peter, & Woodmansee, Martha. (1994). Introduction. In Martha Woodmansee & Peter Jaszi

(Eds.), The construction of authorship: Textual appropriation in law and literature (pp. 1-13). Durham,

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Kimber, Karen. (2003). Introduction to legal research. http://www.libraries.wright.edu/services/researchguides/law/

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Selected law reviews and journals of special interest to copyright


Berkeley Technology Law Journal http://www.law.berkeley.edu/journals/btlj/

Cardozo Arts & Entertainment Law Journal http://www.cardozo.yu.edu/aelj/

Duke Law & Technology Review http://www.law.duke.edu/journals/dltr/

Harvard Journal of Law & Technology http://jolt.law.harvard.edu/

Intellectual Property Law Review http://web.lexisnexis.com/universe/form/academic/s_lawrev.html?_m=0cd7a31f47f9114a4483775c1cafe6e4&wc hp=dGLbVtz-zSkVb&_md5=592d0d3acbc667e6898e441696cad113[a more general source]

Journal of Intellectual Property Law http://www.law.uga.edu/jipl/

Journal of the Copyright Society http://www.csusa.org/html/publications/journal/journal.htm

Law and Contemporary Problems http://www.law.duke.edu/journals/lcp/

Richmond Journal of Law & Technology http://law.richmond.edu/jolt/index.asp

Stanford Technology Law Review http://stlr.stanford.edu/STLR/Core_Page/index.htm

Governmental and Commercial Serial Sources of Government Information

Code of Federal Regulations

Congressional Digest

Congressional Information Service

Congressional Quarterly

Congressional Record

C[ongressional] Q[uarterly] Weekly Reports

Federal Register

Supreme Court Reporter

U.S. Code

U.S. Code and Congressional and Administrative News

U.S. Code Annotated

United States Supreme Court Reports


Journals and Other Serial Sources on Information Policy and Government Information

Annual Review of Information Science and Technology

Atlantic Monthly

The Bowker Annual: Library and Book Trade Almanac

Bulletin of the American Society for Information Science

Communications Yearbook

Electronic Public Information Newsletter

EPIC [Electronic Privacy Information Center] Alert

ERIC

EDUCAUSE Review

Federal Computer Week

Government Computer News

Government Information Quarterly

Government Technology

Harpers

Information, Communication, and Society

Information Management Review

Information Processing and Management

The Information Society

Internet Research: Electronic Networks Applications and Policy (formerly Electronic Networking:

Research, Applications, and Policy)

Internet World

Journal of Academic Librarianship (especially its Information Policy column)

Journal of the American Society for Information Science and Technology (formerly the Journal of the

American Society for Information Science)

Journal of Communication

Journal of Government Information: An International Review of Policy, Issues and Resources (formerly

Government Publications Review)


Journal of Information Science

Journal of Policy Analysis and Management

Journal of Policy Research

The Journal of Politics

Knowledge

Knowledge in Society

Minerva: A Review of Science, Learning and Policy

Philosophy and Public Affairs

Policy Sciences

Policy Studies Journal

Policy Studies Review

Privacy Journal

Proceedings of the ASIS Annual Meeting

Public Administration Review

Public Affairs Information Service

Research Policy

Sage Yearbook of Politics and Public Policy

Science

Scientific American

Science and Public Policy

Serials Review

Technology Review

Telecommunications Policy

Utne Reader

Wired

Newspapers


Los Angeles Times http://www.latimes.com/

New York Times http://www.nytimes.com/

Wall Street Journal http://www.wsj.com/

Washington Post http://www.washingtonpost.com

Other online sources

(Barry Kite’s) Aberrant Art http://www.aberrantart.com/

American Society of Composers, Authors, and Publishers (ASCAP) http://www.ascap.com/index.html

Legislation http://www.ascap.com/legislation/

Association of American Publishers (AAP) http://www.publishers.org/

Government Affairs http://www.publishers.org/govt/index.cfm

(University of California) Berkeley Center for Law & Technology http://www.law.berkeley.edu:80/institutes/bclt/

Chilling Effects http://www.chillingeffects.org/

Coalition for Networked Information (CNI) http://www.cni.org/

(United States) Code http://www.law.cornell.edu/uscode/

(Compiler Press’) Compleat World copyright Website [sic] http://www.compilerpress.atfreeweb.com/journal.htm

Computer Professionals for Social Responsibility (CPSR) http://www.cpsr.org/dox/home.html

(U.S.) Congressional Research Service (CRS) http://www.cnie.org/nle/crs_main.html

Copyright and Fair Use (Stanford U.) http://fairuse.stanford.edu/

Copyright Clearance Center http://www.copyright.com/

Copyright Crash Course (Georgia Harper's home page on copyright and other “IP” topics) http://www.utsystem.edu/ogc/intellectualproperty/gkhbio2.htm

Copyright Management Center http://www.iupui.edu/~copyinfo

(U.S. Library of Congress) Copyright Office http://lcweb.loc.gov/copyright/

Copyright Society of the U.S.A. http://www.csusa.org/

Cornell University, Computer Policy & Law Program http://www.cornell.edu/CPL/

Corporation for National Research Initiatives (CNRI): http://www.cnri.reston.va.us


(U.S.) Department of Commerce (DoC) http://www.doc.gov

(U.S.) Department of Justice (DoJ) http://www.usdoj.gov/

Digital Future Coalition http://www.dfc.org//

EDUCAUSE (formerly EDUCOM and CAUSE) http://www.educause.edu

Electronic Frontier Foundation (EFF) http://www.eff.org

Electronic Privacy Information Center (EPIC): http://www.epic.org/

(Terry Carroll’s 2002) FAQs about Copyright http://www.tjc.com/copyright/FAQ/

(U.S.) Federal Communication Commission (FCC) http://www.fcc.gov

(U.S.) Federal Register http://www.access.gpo.gov/su_docs/aces/aces140.html

Findlaw http://lawcrawler.findlaw.com/

First Monday http://www.firstmonday.org/

(U.S.) General Accounting Office (GAO) http://www.gao.gov/

(Harvard University) Information Infrastructure Project http://ksgwww.harvard.edu/iip/

Illinois Institute of Technology Institute for Science, Law, and Technology http://www.kentlaw.edu/islt/

Information Infrastructure Task Force (IITF) http://iitf.doc.gov

“Intellectual property” http://infeng.pira.co.uk/IE/top007.htm http://www.ipmag.com/archive.html

Institute for Technology Assessment (ITA) http://www.mtppi.org/ita/index.htm

Internet Engineering Task Force (IETF) http://ietf.cnri.reston.va.us

Internet Society http://info.isoc.org/

(Cornell University Law School) Legal Information Institute http://www.law.cornell.edu/

Copyright law http://fatty.law.cornell.edu/topics/copyright.html

LexisNexis Academic Search Form (Guided [advanced] Search) http://web.lexisnexis.com/universe/form/academic/s_lawrev_more.html?_m=6e07cc386066f3f56cade6326e14af

9c&wchp=dGLbVlz-zSkVA&_md5=bc11b79f6023e54a9faa1849a8b3a3e7

Library of Congress Marvel (Machine-Assisted Realization of the Virtual Electronic Library) http://lcweb.loc.gov/homepage/lchp.html


U.S. Congress Thomas system for full text of selected bills http://thomas.loc.gov/

Library of Congress LOCIS (Library of Congress Information System): http://moondog.usask.ca/hytelnet/us3/us373.html

National Academy of Sciences (NAS) http://www.nas.edu/

National Academy Press (NAP) http://www.nap.edu/

National Information Infrastructure: Servers with comprehensive sources http://www.cuny.edu/links/nii.html

(U.S.) National Information Infrastructure Virtual Library http://nii.nist.gov/

National Science Foundation (NSF) http://www.nsf.gov

National Security Agency (NSA) http://www.nsa.gov:8080

National Technical Information Service (NTIS) FedWorld http://www.fedworld.gov

National Telecommunications and Information Administration (NTIA) http://www.ntia.doc.gov

(U.S.) Office of Technology Assessment (OTA) http://www.ota.nap.edu -- see Institute for

Technology Assessment -- and Princeton University archive of OTA reports http://www.wws.princeton.edu/~ota/

Public Knowledge http://www.publicknowledge.org/

Recording Industry Association of America (RIAA) http://www.riaa.com/default.asp

Anti-piracy http://www.riaa.com/issues/piracy/default.asp

(Esther Dyson’s) Release 1.0 http://www.edventure.com/

Software & Information Industry Association http://www.siia.net/

SIIA Anti-Piracy Division http://www.siia.net/piracy/

Telecommunications and Information Policy Institute http://www.utexas.edu/research/tipi/

(University of California) UCCopyright http://www.universityofcalifornia.edu/copyright/ especially see Additional Resources http://www.universityofcalifornia.edu/copyright/resources.html

University of Texas Libraries http://www.lib.utexas.edu/

Government information http://www.lib.utexas.edu/government/

More Gov’t Information http://www.lib.utexas.edu/government/us.html

International Gov’t Information http://www.lib.utexas.edu/government/world.html

Texas Government Information http://www.lib.utexas.edu/government/texas.html

(Laura “Lolly” Gasaway) When U.S. Works Pass into the Public Domain http://www.unc.edu/%7Eunclng/public-d.htm


World Intellectual Property Organization (WIPO) http://www.wipo.int/

Copyright and Related Rights http://www.wipo.int/about-ip/en/copyright.html

[full Web site] http://www.wipo.int/copyright/en/

FAQs About Copyright http://www.wipo.int/copyright/en/faq/index.htm

Berne Convention http://www.wipo.int/treaties/en/ip/berne/index.html

WIPO Copyright Treaty http://www.wipo.int/documents/en/diplconf/distrib/treaty01.htm

Intellectual Property Digital Library http://www.wipo.int/ipdl/en/


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