Join Library Futures, Internet Archive, and the Georgetown Intellectual Property and Information Policy (iPIP) Clinic for a panel on copyright, licensing, accessibility, and the law. We’ll be discussing new scholarship from legal experts Michelle Wu (retired Georgetown University Law Center) and Blake Reid (Clinical Professor at Colorado Law).
The Corruption of Copyright: New Scholarship in Libraries, Technology, & the Law Monday, November 15 12pm PT / 3pm ET
Wu’s “The Corruption of Copyright and Returning to its Original Purposes” (Legal Reference Services Quarterly) looks at how some industries have redirected the benefits of copyright towards themselves through licensing and other activities, which impacts author remuneration and upsets the balance of the public interest. This paper focuses on the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction: https://scholarship.law.georgetown.edu/facpub/2410/
Reid’s “Copyright and Disability” (forthcoming in California Law Review) discusses how recent progress toward copyright limitations and exceptions continues an ableist tradition in the development of U.S. copyright policy: centering the interests of copyright holders, rather than those of readers, viewers, listeners, users, and authors with disabilities. Using case studies, Reid explores copyright’s ableist tradition to discuss how it subordinates the actual interests of people with disability. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3381201
The panel will be moderated by Amanda Levendowski, Associate Professor of Law at Georgetown Law.
Libraries have historically been trusted hubs to equalize access to credible information, a crucial role that they should continue to fill in the digital age. However, as more information is born-digital, digitized, or digital-first, libraries must build new policy, legal and public understandings about how advances in technology impact our preservation, community, and collection development practices.
This panel will bring together legal scholars Ariel Katz (University of Toronto) and Argyri Panezi (IE University Madrid/Stanford University) to discuss their work on library digital exhaustion and public service roles for digital libraries. They will be joined by Lisa Radha Weaver, Director of Collections and Program Development at Hamilton Public Library, who will discuss how library services have been transformed by digital delivery and innovation and Kyle Courtney of Library Futures/Harvard University, a lawyer/librarian who wrote the influential Statement on Controlled Digital Lending, signed by over 50 institutions. The panel will be moderated by Lila Bailey of Internet Archive.
Panezi, Argyri, A Public Service Role For Digital Libraries: The Unequal Battle Against (Online) Misinformation Through Copyright Law Reform And The Emergency Electronic Access To Library Material (March 26, 2021). Forthcoming, 31 CORNELL J.L. & PUB. POL’Y _ _ (2021), Available at SSRN: https://ssrn.com/abstract=3813320
The public domain is an invaluable component of our culture, allowing for the remixing, reinterpretation, and redistribution of designated works without restriction. On December 17th, we’ll be celebrating the works published in 1925 that will be moving into the public domain when the clock strikes midnight on January 1, 2021. Our virtual celebration is free and open to the public.
As part of our celebration, we’re bringing together leaders in the open world, intellectual property, and social justice to discuss the value of the public domain for creative expression and open scholarship, and provide perspectives on the marginalized communities that have been left out of the copyright system in the United States.
ABOUT OUR SPEAKERS
KEVIN J. GREENE, SOUTHWESTERN LAW A graduate of the Yale Law School and a veteran of the United States Marines, Professor Kevin J. Greene is the John J. Schumacher Chair Professor at Southwestern Law in Los Angeles, California. Professor Greene’s scholarship in the areas of copyright, trademark and publicity rights has garnered national and international recognition in the intellectual property (“IP”) arena, particularly his pioneering work on African-American music and copyright law.
JENNIFER JENKINS, CENTER FOR THE STUDY OF THE PUBLIC DOMAIN Jennifer Jenkins is a Clinical Professor of Law at Duke Law School and Director of Duke’s Center for the Study of the Public Domain, where she writes its annual Public Domain Day website. She is the co-author (with James Boyle) of two comic books — Theft! A History of Music, a 2000-year history of musical borrowing and regulation, and Bound By Law?, a comic book about copyright, fair use and documentary film — as well as the open coursebook Intellectual Property: Cases and Materials (4th ed, 2018). Her articles include In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day and Last Sale? Libraries’ Rights in the Digital Age. She is currently writing a book on “Music Copyright, Creativity, and Culture” (forthcoming from Oxford University Press).
HEATHER JOSEPH, SPARC Since her appointment as SPARC’s Executive Director in 2005, Heather has focused the organization’s efforts on supporting the open and equitable sharing of digital articles, data, and educational resources. Under her stewardship, SPARC has become widely recognized as the leading international force for effective open access policies and practices. Among her many achievements, she convened the Alliance for Taxpayer Access and the Open Access Working Group, which provided critical advocacy for the establishment of the landmark 2008 NIH Public Access Policy and the 2013 White House Memorandum on Public Access to Federally Funded Research.
BREWSTER KAHLE, INTERNET ARCHIVE A passionate advocate for public Internet access and a successful entrepreneur, Brewster Kahle has spent his career intent on a singular focus: providing Universal Access to All Knowledge. He is the founder and Digital Librarian of the Internet Archive, one of the largest libraries in the world. In 1989, Kahle created the Internet’s first publishing system called Wide Area Information Server (WAIS), later selling the company to AOL. In 1996, Kahle co-founded Alexa Internet, which helps catalog the Web, selling it to Amazon.com in 1999. The Internet Archive, which he founded in 1996, now preserves petabytes of data – the books, Web pages, music, television, and software that form our cultural heritage.
KATHERINE MAHER, WIKIMEDIA FOUNDATION Katherine Maher is the CEO of the Wikimedia Foundation, the nonprofit organization that operates Wikipedia and the Wikimedia projects. She is a longtime advocate for free and open societies, and has lived and worked around the world leading the introduction of technology and innovation in human rights, good governance, and international development. Katherine has worked with UNICEF, the National Democratic Institute, the World Bank, and Access Now on programs supporting technologies for democratic participation, civic engagement, and open government. She is a member of the World Economic Forum’s Global Council on Human Rights and the Council on Foreign Relations, and a fellow at the Truman National Security Project. She is on the Board of the American University of Beirut, and the Digital Public Library of America.
LATEEF MTIMA, INSTITUTE FOR INTELLECTUAL PROPERTY & SOCIAL JUSTICE Lateef Mtima is the Founder and Director of IIPSJ; he is also a Professor of Law at the Howard University School of Law where he regularly teaches courses in intellectual property law and commercial law. Professor Mtima is a graduate of Amherst College and Harvard Law School. He has published numerous articles on copyright, publicity rights, and diversity in the legal profession, and is the editor of Intellectual Property, Social Justice, and Entrepreneurship: From Swords to Ploughshares (Edward Elgar 2015), and a co-author of Transnational Intellectual Property Law (West Academic Publishing 2015).
CATHERINE STIHLER OBE, CREATIVE COMMONS Catherine Stihler OBE is the CEO of Creative Commons. She has been an international champion for openness as a legislator and practitioner for over 20 years. After graduating from St Andrews University, she worked in the British House of Commons as a researcher before successfully standing for election as a Member of the European Parliament (MEP) for Scotland in 1999, representing the UK Labour Party. In 2019, Catherine was awarded the title of Officer of the Order of the British Empire (OBE) by Her Majesty the Queen in recognition of her services to politics. Catherine joined Creative Commons in 2020.