COPYRIGHT: LEGAL AND CULTURAL PERSPECTIVEScourses.ischool.utexas.edu/pdoty/2011/spring...  · Web...

76
COPYRIGHT: LEGAL AND CULTURAL PERSPECTIVES INF 390C Unique Number 28753 Dr. Philip Doty School of Information University of Texas at Austin Spring 2011 Class time: Tuesday 9:00 AM – 12:00 N Place: UTA 1.502 Office: UTA 5.448 Office hrs: Tuesday 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: [email protected] http://www.ischool.utexas.edu/~pdoty/index.htm Class URL: http://courses.ischool.utexas.edu/Doty_Philip/2011/spring/INF390C/ TA: Amy Nurnberger [email protected] Copyright – Philip Doty, University of Texas at Austin, December 2010 1

Transcript of COPYRIGHT: LEGAL AND CULTURAL PERSPECTIVEScourses.ischool.utexas.edu/pdoty/2011/spring...  · Web...

COPYRIGHT: LEGAL AND CULTURAL PERSPECTIVES

INF 390C

Unique Number 28753

Dr. Philip DotySchool of Information

University of Texas at Austin

Spring 2011

Class time: Tuesday 9:00 AM – 12:00 N

Place: UTA 1.502

Office: UTA 5.448

Office hrs:Tuesday 1:00 – 2:00 PM

By appointment other times

Telephone: 512.471.3746 – direct line512.471.2742 – iSchool receptionist512.471.3821 – main iSchool office

Internet: [email protected]://www.ischool.utexas.edu/~pdoty/index.htm

Class URL: http://courses.ischool.utexas.edu/Doty_Philip/2011/spring/INF390C/

TA: Amy [email protected]

Virtually: Wed 9-10am (Skype: ut-ischool-ta)

By appointment other times

Copyright – Philip Doty, University of Texas at Austin, December 2010 1

TABLE OF CONTENTS

Introduction 3

Expectations of students’ performance 4

Analysis and holism 5

Standards for written work 6

Some editing conventions for students’ papers 10

Grading 11

Texts and other tools 12

List of assignments 13

Course outline 14

Schedule 16

Assignments 19

Suggestions for writing policy analysis 22

References 25

References in the schedule and assignmentsSelected other court casesSelected additional readings [papers, chapters, monographs]

Selected law reviews and journals of special interest to copyrightGovernmental and commercial serial sources of government

informationJournals and other serial sources on information policy and

government informationNewspapersOther online sources

Copyright – Philip Doty, University of Texas at Austin, December 2010 2

INTRODUCTION

Copyright: Legal and Cultural Perspectives (INF 390C) examines copyright from a number of disciplinary points of view. These include legal studies, cultural history, information studies, political and social history, literary studies, anthropology, cultural studies, public policy, science and technology studies, and other disciplines. We will use these multiple disciplines and their literatures to investigate how copyright in the United States has evolved. The cultural commons, ideologies of property and protection, shared cultural production, considering natural rights “vs.” social bargain/statutory arguments for copyright, 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” Explore concepts of “print culture” and its relations to copyright and cultural

expression generally Examine appropriate statutes and major international copyright conventions Consider some questions related to indigenous people’s interests and how they

conflict with or are supported by copyright regimes 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 are 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 Examine the Creative Commons and other alternatives to copyright regimes 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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 3

Among our goals this semester will be to make it 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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 4

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 integrate what they read with what they say and write. This 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 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 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 limited 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 the instructor limits access to email outside the office. Unless there are compelling privacy concerns, it is always wise to send an additional copy of any email intended for the instructor to the TA who has access to email more regularly.

Academic dishonesty, such as plagiarism, cheating, or academic fraud, is intolerable 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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 5

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.

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 recommendations for action will be assessed.

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 6

STANDARDS FOR WRITTEN WORK

You will meet professional standards of clarity, grammar, spelling, and organization in writing. Review these standards before and after writing; I use them to evaluate your work.

Every writer is faced with the problem of not knowing what her audience knows; therefore, effective communication depends upon maximizing clarity. Wolcott in Writing Up Qualitative Research (1990, p. 47) reminds us: "Address . . . the many who do not know, not the few who do." Remember that clarity of ideas, of language, and of syntax are mutually reinforcing.

Good writing makes for good thinking and vice versa. Recall that writing is a form of inquiry, a way to think, not a reflection of some supposed static thought “in” the mind. Theodore Dreiser’s Sister Carrie shows how this process of composition and thought works (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, in one of three font styles: Times, Times New Roman, or Palatino.

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 (2010, 6th 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, but be aware that spell checking dictionaries have systematic weaknesses: they exclude most proper nouns, e.g., personal and place names; they omit most technical terms; they omit most foreign words and phrases; and they cannot identify the error in using homophones, e.g., writing "there" instead of "their,” or in writing "the" instead of "them."

Copyright – Philip Doty, University of Texas at Austin, December 2010 7

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 390C). If you have any questions about these standards, I will be pleased to discuss them with you at any time.

Remember, every assignment must include a title page with:

• The title of the assignment• Your name• The date• The class number – INF 390C.

Copyright – Philip Doty, University of Texas at Austin, December 2010 8

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 "high-quality," "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 number; e.g., "each person went to their home" is a poor construction because "each" issingular, 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."

Copyright – Philip Doty, University of Texas at Austin, December 2010 9

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 (who?)- title (what?)- date of creation (when?)- date viewed (when?)- place to find the source (where? how?).

See the Publication Manual of the American Psychological Association (2010, 6th ed., chapters 6 and 7) for a discussion of citing electronic material and useful examples.

Copyright – Philip Doty, University of Texas at Austin, December 2010 10

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."

Copyright – Philip Doty, University of Texas at Austin, December 2010 11

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. On a related note, avoid the locution of “public debate.” Such a locution makes a series of faulty assumptions:

- It presumes that a public policy issue has only two “sides.” There are usually three or four or more perspectives on any topic of public dissensus that merit consideration. “Debate” hides this complexity.

- “Debate” implies that one “side” and only one “side” can be correct; that presumption ignores the fact that the many perspectives on a public policy issue have contributions to make to its resolution.

- “Debate” implies that there can be and will be one and only one “winner.” This presumption naively ignores the fact that some public policy issues are intractable, that these issues are often emergent as are their resolutions, and that compromise is oftentimes a mark of success rather than of failure or “surrender.”

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

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

35. Do not use the term “subjects” to describe research participants. “Respondents,” “participants,” and “informants” are preferred terms and have been for decades.

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

37. Please adhere to these orthographic (spelling) conventions:

- Web with a capital “W.”- Web site, two words, with a capital “W.”- Internet with a capital “I” to indicate the TCP/IP-compliant computer network

with a shared address convention. Otherwise, internet with a lower-case “i” simply means any of the many millions of networks of networks.

Copyright – Philip Doty, University of Texas at Austin, December 2010 12

SOME EDITING CONVENTIONS FOR STUDENTS’ PAPERS

Symbol Meaning

# number OR insert a space; the context will help you decipher its meaning

AWK awkward and usually compromises clarity as well

BLOCK make into a block quotation without external quotation marks; do so with

quotations ≥ 4 lines

caps capitalize

COLLOQ colloquial and to be avoided

dB database

FRAG sentence fragment; often means that the verb or subject of the sentence is missing

ITAL italicize

j journal

lc make into lower case

lib'ship librarianship

org, org’l organization, organizational

PL plural

Q question

Q’naire questionnaire

REF? what is the referent of this pronoun? to what or whom does it refer?

RQ research question

sp spelling

SING singular

w/ with

w.c.? word choice?

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 13

GRADING

Grades for this class include:

A+ Extraordinarily high achievement not recognized by the UniversityA Superior 4.00A- Excellent 3.67B+ Good 3.33B Satisfactory 3.00B- Barely satisfactory 2.67C+ Unsatisfactory 2.33C Unsatisfactory 2.00C- Unsatisfactory 1.67F Unacceptable and failing. 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 Catalog (e.g., http://registrar.utexas.edu/catalogs/grad09-11/ch01/grad09.ch01a.html and http://registrar.utexas.edu/catalogs/grad09-11/ch01/grad09.ch01b.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.

The instructor uses points to evaluate assignments, not letter grades. He uses an arithmetic – not a proportional – algorithm to determine points on any assignment. 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. The instructor will explain this system throughout the semester.

Copyright – Philip Doty, University of Texas at Austin, December 2010 14

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.

Boyle, James. (2008). The public domain: Enclosing the commons of the mind. New Haven, CT: Yale University.

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

Gillespie, Tarleton. (2007). Wired shut: Copyright and the shape of digital culture. Cambridge, MA: MIT.

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

There are seven recommended texts:

Boyle, James. (Ed.) (2003a). Collected papers: Duke conference on the public domain. Durham, NC: Center for the Public Domain. [A special issue of Law and Contemporary Problems, 66(1-2), 1-483.] Also available at http://www.law.duke.edu/journals/lcp/

Hemmungs Wirtén, Eva. (2008). Terms of use: Negotiating the jungle of the information commons. Toronto: University of Toronto Press.

Hess, Charlotte, & Ostrom, Elinor. (Eds.). (2007b). Understanding knowledge as a commons: From theory to practice. Cambridge, MA: MIT Press.

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

Lessig, Lawrence. (2004b). 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. (2001). Copyrights and copywrongs: The rise of intellectual property and how it threatens creativity. New York: New York University Press.

The course Web site, Blackboard, and direct email messages will inform students of changes in the schedule and assignments. By the second class, please subscribe to three lists:

Coalition for Networked Information copyright list, now owned by Peter Jaszi:

Copyright – Philip Doty, University of Texas at Austin, December 2010 15

http://roster.wcl.american.edu/cgi-bin/wa.exe?A0=PIJIP-COPYRIGHT&X=5D71B90996102E1081&Y=mpalmedo%40wcl.american.eduThe archives through February 2007 live at http://www3.wcl.american.edu/cni/

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

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 16

LIST OF ASSIGNMENTS

The instructor will provide additional information about each assignment. Written assignments are to be word-processed and double-spaced in 10- or 12-point font, using Times, Times New Roman, or Palatino font, with 1" margins. Assignments are due in class unless otherwise specified.

Assignment Date Due Percent of Grade

In-class preparation and participation ----- 15%

Informal case “brief” in class FEB 15

Elkin-Koren (2000) and privatizing information FEB 8 10policy (5 pp.)

Case “brief” and discussion questions (4-5 pp.) FEB 2215

Leading in-class discussion and annotated MAR 8, 22, 29 20bibliography GROUP

Identification and approval of topic for final paper MAR 22 ---

Choice of classmate’s paper to review APR 5 ---

Draft of final paper (≥10 pp.) APR 19---

Peer review of classmate’s draft (3-4 pp.) APR 2610

In-class presentation APR 19, 26 ---

Final paper (15-20 pp.) FRI, MAY 6 3012:00 N in UTAmailroom

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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 17

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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 18

OUTLINE OF COURSE

Meeting Date Topics and assignments

1 JAN 18 Introduction to the course and review of the syllabusIntroduction to the concept of “intellectual property”The exclusive rights of rights holdersExceptions to these exclusive rights

SUBSCRIBE: [email protected] Copyright Digest

2 JAN 25 Origins of U.S. copyright law

3 FEB 1 Begin Boyle (1996)

4 FEB 8 Continue Boyle (1996) and Litman (2001)

• Due: Paper on Elkin-Koren (2000) and privatizing information

policy (10%) (5 pp.)

5 FEB 15 Continue Litman (2001) and Goldstein (2003)Eldred v. Ashcroft (2003)

• In-class exercise: informal case “brief”

6 FEB 22 Selected cases – fair use

• Due: Case “brief” and discussion questions (15%; 4-5 pp.)

7 MAR 1 Selected cases – vicarious liability?Considering the commons

8 MAR 8 Student-led discussion and annotated bibliography – the construction

of authorship (20%) GRP

Mar 15 Spring Break: No class

9 MAR 22 Student-led discussion and annotated bibliography – international

copyright treaties and conventions/indigenous people’s interests

(20%) GRP

• Due: Identification and approval of topic for final paper

Copyright – Philip Doty, University of Texas at Austin, December 2010 19

10 MAR 29 Student-led discussion and annotated bibliography – the public

domain and its enclosure (20%) GRP

11 APR 5 Begin Gillespie (2007)

• Due: Choice of classmate’s paper to review

Copyright – Philip Doty, University of Texas at Austin, December 2010 20

12 APR 12 The Digital Millennium Copyright Act – anti-circumvention as threat to

fair use and other statutory exemptions, surveillance, and legislative

history

13 APR 19 Paper presentations

• Due: Draft of final paper (≥10 pp.)

14 APR 26 Paper presentations

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

15 MAY 3 Course evaluationSummary

FRIDAY, MAY 6, 12:00 N in Doty’s mailbox in fifth floor workroom of UTA

• Due: Final paper (30%; 15-20 pp.)

Copyright – Philip Doty, University of Texas at Austin, December 2010 21

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 TOPICS, ASSIGNMENTS, AND READINGS

JAN 18 Introduction to the course and review of the syllabusIntroduction to the concept of “intellectual property”The exclusive rights of rights holdersExceptions to these exclusive rights

READ: Boyle (2008), Chapters 1-5Litman (2001), Introduction, Chapters 1 and 2Copyright Act (see U.S. Copyright Office, 2009) §§ 106, 106A,

107, 108, 109, 110, 121 (skim) online

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

SUBSCRIBE: [email protected] Copyright Digest

JAN 25 Origins of U.S. copyright law

READ: Boyle (2008), 6-10Litman (2001), 3, 4, and 5Rose (2002a) CDCopyright Act §§ 104, 104A (see U.S. Copyright Office, 2009)

online

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

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

FEB 1 READ: Boyle (1996), Preface, 1, 6, 10, 11

FEB 8 READ: Boyle (1996), 3, 4, 5, 13, Conclusion, Appendix ALitman (2001), 3, 4, 5

• Due: Paper on Elkin-Koren (2000) and privatizing information policy (10%) (5 pp.)

FEB 15 READ: Litman (2001), 6, 7, and 8Goldstein (2003), 1, 4, and 5

Copyright – Philip Doty, University of Texas at Austin, December 2010 22

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

• In-class exercise: informal case “brief”

Copyright – Philip Doty, University of Texas at Austin, December 2010 23

FEB 22 Selected cases – fair use

READ: American Geophysical Union v. Texaco (1994) Feist v. Rural Telephone (1991)Kelly v. Arriba Corp. (2003)Sony v. Universal City Studios (1984)

• DUE: Case “brief” and discussion questions (15%; 4-5 pp.)

MAR 1 Selected cases – vicarious liability?Considering the commons

READ: A&M Records v. Napster (2001)MGM v. Grokster (2005)Bollier (2007) CDHardin (1968) onlineLessig (2004c) onlineLougee (2007) CD

AS: Creative Commons (2004) onlineCarroll (2006) onlineHess & Ostrom (2007a)

MAR 8 Student-led discussion and annotated bibliography – the construction of

authorship (20%) GRP

READ: Barthes (1977) onlineFoucault (1984) CDJaszi (1994) CDJaszi & Woodmansee (1994) CDKamuf (1988) CDLury (1993b) CDRose (1988) onlineWoodmansee (1994) CD

Mar 15 Spring Break: No class

MAR 22 Student-led discussion and annotated bibliography – international copyright

treaties and conventions/indigenous people’s interests (20%) GRP

READ: Brown (2003a) CDBrown (2003b) CDBrown (2003c) CDCarroll (2004) online Garrity (1999) onlineGoldstein (2003), 5Okediji (1999) CDWarren (1999) CD

Copyright – Philip Doty, University of Texas at Austin, December 2010 24

AS: Braman (2003)Ginsburg (2003)

• Due: Identification and approval of topic for final paper

Copyright – Philip Doty, University of Texas at Austin, December 2010 25

MAR 29 Student-led discussion and annotated bibliography – the public domain and its

enclosure (20%) GRP

READ: Kranich (2007) CDReview Eldred v. Ashcroft (2003)Boyle (2003b) onlineRose (2002b) onlineCopyright Act §§ 101, 102, 103, 302, 303, 304, 305Review Feist v. Rural Telephone (1991)

AS: Kranich & Schement (2008)Lange (2003)Lessig (2001a), Preface and 1-8National Research Council (1999)

APR 5 READ: Gillespie (2007), 1, 2, and 3Litman (2007) online

• Due: Choice of classmate’s paper to review

APR 12 The Digital Millennium Copyright Act – anti-circumvention as threat to

fair use and other statutory exemptions, surveillance, and legislative

history

READ: Gillespie (2007), 4, 5, and 6review Boyle (2008), 5Doty (2011, forthcoming) CDGoldstein (2003), 6Litman (2001), 9, 10, 11Copyright Act, §§ 1201 and 120217 USC 1201(2) – chart summarizing prohibitions of 1201 and

1202 CDElectronic Frontier Foundation (2003) online

APR 19 Paper presentations

• Due: Draft of final paper (≥10 pp.)

APR 26 Paper presentations

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

MAY 3 Course evaluationSummary

READ: Doty (2001) CDGillespie (2007), 8, 9Goldstein (2003), 7Litman (2001), 12, 13

Copyright – Philip Doty, University of Texas at Austin, December 2010 26

Lury (1993a) CD

AS: Gillespie (2007), 7

FRIDAY, MAY 6, 12:00 N in Doty’s mailbox in fifth floor workroom of UTA

• Due: Final paper (30%; 15-20 pp.)

Copyright – Philip Doty, University of Texas at Austin, December 2010 27

ASSIGNMENTS

Elkin-Koren (2000) and privatizing information policy (10%) – due FEB 8

Niva Elkin-Koren (2000) writes about the privatization of information policy in the United States. Using her analysis, Boyle (1996), Boyle (2008), Litman (2000), and any other sources you find useful, please answer these three questions in 5 double-spaced pp.:

1. In your opinion, what are the major elements of Elkin-Koren’s argument? (2 pp.)

2. What implications does her work on the privatization of information policy have for copyright and cultural production in the United States? How does her argument support or undermine those of Boyle (1996), Boyle (2008), or Litman (2000)? (3 pp.)

Be specific and clarify to the fullest extent you can what privatization of information policy means generally and in the context of copyright.

Case “brief” and discussion questions (15%) – due FEB 22

We will be reading a number of legal opinions this semester. Four of them are particularly important to the concept of fair use: American Geophysical Union v. Texaco (1994), Feist v. Rural Telephone (1991), Kelly v. Arriba Corp. (2003), and Sony v. Universal City Studios (1984).

In preparation for class on Tuesday, March 1, each student will prepare a very informal brief related to one of the four cases and at least one discussion question for the class based on any of the four cases. The instructor will assign the cases by lot and inform the students about the choices no later than February 8, two weeks before the assignment is due.

Each brief will be 4-5 double-spaced pp. and will have the following seven components often found in students’ legal briefs:

Title Citation Facts of the case Issue Holding

[a total of two double-spaced pp. for these five components]

Reasoning [one double-spaced page]

Analysis [one or two double-spaced pages].

We will use the briefs and your discussion questions, along with the texts of the cases and additional material from our readings, to structure our discussion in class.

Copyright – Philip Doty, University of Texas at Austin, December 2010 28

Leading in-class discussion and annotated bibliography GROUP (20%) – due MAR 8 (6), MAR 22 (20), and MAR 29 (27)

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

March 8 The construction of authorship March 22 International copyright treaties and conventions/Indigenous people’s

interests March 29 The public domain and its enclosure.

Copyright – Philip Doty, University of Texas at Austin, December 2010 29

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 Sunday before class, i.e., March 6, March 20, and March 27. 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 that we have NOT read as a class and that are 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 instructor 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 5% 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.

Final paper and peer review of classmate’s draft (30%) – due APR 19, APR 26, MAY 6

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 22

Each student must submit a topic for the final paper for approval of the instructor no later than March 22. 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 instructor and your colleagues (both inside and outside of the class), reading ahead in the

Copyright – Philip Doty, University of Texas at Austin, December 2010 30

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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 31

Choice of classmate’s paper to review – due APR 5

No later than April 5, 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 instructor reserves the right to assign partners for appropriate reasons. Students will notify the instructor by private email about their preferences and will receive replies about them.

Draft of final paper – due APR 19 – ≥ 10 pp.

Each student will turn in two copies of a draft of the final paper on April 19. One copy will be for the peer reviewer, one for the instructor. This draft should be a minimum of 10 double-spaced pp., with all the elements of the final paper, including a one-page abstract.

Peer review of classmate’s draft (10%) – due APR 26 – 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 a primary responsibility of professional life. You might find useful the evaluative criteria specified in Dunn (1994) on p. 24 of this syllabus.

In-class presentation – (APR 5) APR 19 or APR 26

Each student will make a 20-minute oral presentation about her 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 are available, as are an Internet connection and projector. Each peer editor will act as first respondent to the presentation. The dates for the presentations are April 19 or April 26. Please notify me of your preference for presentation dates no later than Tuesday, April 5.

Final paper (30%) – due Friday, MAY 6, 12:00 N in Doty’s mailbox, fifth floor of UTA – 15-20 pp.

This final paper of 15-20 double-spaced pp. should consider any approved topic in copyright. The 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 the paper need not follow the policy analytic models, 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 import.

Post your final paper to the appropriate forum in Blackboard no later than 12:00 N, Friday, May 6.

AND

Copyright – Philip Doty, University of Texas at Austin, December 2010 32

Put two paper copies of your final paper in Doty’s mailbox in the fifth floor workroom of UTA by 12:00 N, Friday, May 6.

Copyright – Philip Doty, University of Texas at Austin, December 2010 33

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’s Methods for Policy Research (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 developed by Charles R. McClure, with my own modifications added. Particular analysts and topics may demand different approaches:

• Abstract

• Introduction

Importance of specific topicDefinition of key termsKey stakeholdersKey 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 instrumentsAmbiguities, conflicts, problems, and contradictions related to the instruments

• Key issues

Underlying assumptionsEffects on and roles of key stakeholdersConflicts among key valuesImplications of issues

• Conclusions and recommendations

RecommendationsRationale for recommendationsImplications and possible outcomes of specific courses of action

• References

APA styleAll sources cited in the paper.

Copyright – Philip Doty, University of Texas at Austin, December 2010 34

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, on generative metaphor) and an implicit linearity he uses to characterize policy analysis, Bardach’s 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 (2001b).

Copyright – Philip Doty, University of Texas at Austin, December 2010 35

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?

Copyright – Philip Doty, University of Texas at Austin, December 2010 36

REFERENCES

Many required readings are available online. Some of the course readings are in the Course Documents section of Blackboard (CD), while some others 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, and 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. Explore the various online journal packages; the more familiar you are with such arrangements, the better.

I. References in the schedule and assignments

A&M Records, Inc. v. Napster, Inc. 239 F. 3rd 1004 (9th Cir. 2001) http://www.law.cornell.edu/copyright/cases/239_F3d_1004.htm

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

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

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. CD

Boyle, James. (1996). Shamans, software, & spleens: Law and the construction of the information society. Cambridge, MA: Harvard University.

Boyle, James. (Ed.) (2003a). Collected papers: Duke conference on the public domain. Durham, NC: Center for the Public Domain. [Also a special issue of Law and Contemporary Problems, 66(1-2), 1-483.] Also available at http://www.law.duke.edu/journals/lcp/

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. (2008). The public domain: Enclosing the commons of the mind. New Haven, CT: Yale University.

Brown, Michael F. (2003a). Introduction. In Who owns native culture? (pp. 1-10 and 255-256). Cambridge, MA: Harvard University. CD

Brown, Michael F. (2003b). Cultures and copyrights. In Who owns native culture? (pp. 43-69 and 261-265). Cambridge, MA: Harvard University. CD

Brown, Michael F. (2003c). sources on indigenous cultural rights. In Who owns native culture? (pp. 299-301). Cambridge, MA: Harvard University. CD

Copyright – Philip Doty, University of Texas at Austin, December 2010 37

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

Doty, P. (2001a). Digital privacy: Toward a new politics and discursive practice. In Martha E. Williams (Ed.), Annual review of information science and technology (Vol. 36, pp. 115-245). Medford, NJ: Information Today.

Doty, Philip. (2001b). 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.

Doty, Philip. (Forthcoming 2011). Privacy, reading, and trying out identity: The Digital Millennium Copyright Act and technological determinism. In William Aspray & Philip Doty (Eds.), Creating privacy: Interdisciplinary perspectives. Lanham, MD: Scarecrow Press.

Dunn, William N. (1994). Public policy analysis: An introduction (2nd 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. (2010, March). Unintended consequences: Twelve years under the DMCA. https://www.eff.org/wp/unintended-consequences-under-dmca

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&pi=27

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

Ford, Richard Thompson. (1995). Facts and values in pragmatism and personhood [Review of the book Reinterpreting property (by Margaret Radin)]. Stanford Law Review, 18(1), 217-246. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/journals/00389765.html?cookieSet=1

Foucault, Michel. (1984), What is an author? In Paul Rabinow (Ed.), The Foucault reader (pp. 101-120). New York: Pantheon Books. CD

Garrity, Brian. (1999). Conflict between Maori and western concepts of intellectual property. Auckland University Law Review, 8(4), 1193-1210. Also available at http://www.heinonline.org.ezproxy.lib.utexas.edu/HOL/Page?handle=hein.journals/auck8&id=1&size=2&collection=journals&index=journals/auck

Gillespie, Tarleton. (2007). Wired shut: Copyright and the shape of digital culture. Cambridge, MA: MIT.

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

Hardin, Garrett. (1968). The tragedy of the commons. Science, 162(3859), 1243-1248. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/stable/i299458

Copyright – Philip Doty, University of Texas at Austin, December 2010 38

Hess, Charlotte, & Ostrom, Elinor. (Eds.). (2007b). Understanding knowledge as a commons: From theory to practice. Cambridge, MA: MIT Press.

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. CD

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, NC: Duke University. CD

Kamuf, Peggy. (1988). On literary property. In Signature pieces: On the institution of authorship (pp. 59-67). Ithaca, NY: Cornell University. CD

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

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

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

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

Lessig, Lawrence. (2004c). The creative commons. Montana Law Review, 65(1), 1-4. Also available at http://www.lexisnexis.com.ezproxy.lib.utexas.edu/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T5460971488&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T5460971491&cisb=22_T5460971490&treeMax=true&treeWidth=0&csi=222557&docNo=3

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. CD

Lury, Celia. (1993a). From repetition to replication. In Cultural rights: Technology, legality and personality (pp. 13-38). London: Routledge. CD

Copyright – Philip Doty, University of Texas at Austin, December 2010 39

Lury, Celia. (1993b). Mechanical reproduction: Print, literacy and the public sphere. In Cultural rights: Technology, legality and personality (pp. 97-120). London: Routledge. CD

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

MGM Studios, Inc. v. Grokster Ltd. 545 US 1913 (2005) http://www.eff.org/IP/P2P/MGM_v_Grokster/

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

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

Pyle, Christopher. (1989). How to brief a case. http://www.lib.jjay.cuny.edu/research/brief.html (Original published 1982)

Radin, Margaret. (1982). Property and personhood. Stanford Law Review, 34(5), 957-1015. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/browse/00389765/ap040173?frame=noframe&[email protected]/01c0a8487400504f6f1&dpi=3&config=jstor

Radin, Margaret. (1987). Market-inalienability. Harvard Law Review, 100(8), 1849-1937. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/stable/i257571

Radin, Margaret. (1993). Introduction: Property and pragmatism. In Reinterpreting property (pp. 1-34 and 203-205). Chicago: University of Chicago. CD

Rice, David A. (2002). Copyright as talisman: Expanding “property” in digital works. International Review of Law, Computers, & Technology, 16(2), 113-132. Also available at http://web.ebscohost.com.ezproxy.lib.utexas.edu/ehost/results?vid=2&hid=109&sid=a202e99d-491d-4feb-a517-fc5b7ce080af%40sessionmgr107

Rist, Ray C. (2000). Influencing the policy process with qualitative research. In Norman K. Denzin & Yvonna S. Lincoln (Eds.), Handbook of qualitative research (2nd

ed., pp. 1001-1017). Thousand Oaks, CA: Sage.

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

Rose, Mark. (1988). The author as proprietor: Donaldson v. Becket and the geneology of modern authorship. Representations, 23, 51-85. Also available at http://www.jstor.org.ezproxy.lib.utexas.edu/browse/07346018/dm990292?frame=noframe&[email protected]/01c0a8487400504f6f1&dpi=3&config=jstor

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 40

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)

Russell, Carrie. (2004). Complete copyright: An everyday guide for librarians. Washington, DC: American Library Association, Office for Information Technology Policy.

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.

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

U. S. Congress. Library of Congress. Copyright Office. (2009). Copyright of the United States.http://www.copyright.gov/title17/

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.

Warren, Karen J. (1999). Introduction: A philosophical perspective on the ethics and resolution of cultural property issues. In Phyllis Mauch Messenger (Ed.), The ethics of collecting cultural property: Whose culture? Whose property? (2nd ed., pp. 1-25). Albuquerque, NM: University of New Mexico. CD

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 41

II. Selected Other Court Cases

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

Folsom v. Marsh, 9 9 F. Cas. 342 (C.C.D. Mass. 1841)

Greenwich Workshop, Inc. v. Tinker Creations, Inc. 932 F. Supp. 1210, C. D. Cal. 1996 http://www.utsystem.edu/ogc/intellectualproperty/greenwichvtimber.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

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

Lee v. A.R.T. Co., 125 F. 3d 580 CA 7 (Ill.) 1997 http://www.law.cornell.edu/copyright/cases/125_F3d_580.htm

Lochner v. New York 98 U.S. 45 (1905)http://www2.law.cornell.edu/cgi-bin/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

New York Times et al. v. Tasini et al. No. 00-201 (2001a) [majority opinion]http://supct.law.cornell.edu/supct/html/00-201.ZS.html

New York Times et al. v. Tasini et al. No. 00-201 (2001b) [dissent] http://supct.law.cornell.edu/supct/pdf/00-201P.ZD

Princeton University Press, v. Michigan Document Services, 99 F.3d 1381 (6th Cir. 1996)http://www.law.emory.edu/6circuit/nov96/96a0357p.06.html

ProCD Inc. v. Zeidenberg, 86 F. 3d 1447 (7th Cir. 1996)

Recording Industry Association of America v. Verizon Internet Services (2003). www.eff.org/legal/cases/ RIAA_v_Verizon/opinion-20031219.pdf

Satava v. Lowry, 323 F.3d 805 (9th Cir. 2003), cert deniedhttp://www.law.cornell.edu/copyright/cases/323_F3d_805.htm

Twentieth Century Music Corp. v. Aiken. 422 U.S. 151, 156 (1975).

United States v. Paramount Pictures, Inc. 334 U.S. 131, 158 (1948).

United States v. Elcom, Ltd., 203 F.Supp. 2d 1111 (N.D. Cal. 2002) http://www.digital-law-online.com/cases/62PQ2D1736.htm

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 42

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

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

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

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

Association of Research Libraries. (2002). Copyright timeline: A history of copyright in the United States. http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml

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/(CFD7369FCAE9B8F32F341DBE097801FF)~stopping+the+rip-offs-no+frame.pdf/$file/stopping+the+rip-offs-no+frame.pdf

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

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.

Copyright – Philip Doty, University of Texas at Austin, December 2010 43

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

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

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.

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.

Carroll, Michael W. (2006). Creative commons and the new intermediaries. Michigan State Law Review, 45(1), 45-65. Also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=782405

Copyright – Philip Doty, University of Texas at Austin, December 2010 44

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&id=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&wchp=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.

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

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.

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 45

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.do

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/cgi-bin/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. Stanford, CA: Stanford University.

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

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.

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.

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?

Copyright – Philip Doty, University of Texas at Austin, December 2010 46

frame=noframe&[email protected]/01c0a8487400504f6f1&dpi=3&config=jstor

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.

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

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&[email protected]/01c0a8487400504f6f1&dpi=3&config=jstor

Gordon, Wendy J. (1992). Reality as artifact: From Feist to fair use. Law & Contemporary Problems, 55(2), 93-106.

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

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/Issues2/Copyright1/Copyright.htm

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.

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 47

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]

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

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=journals&id=463

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

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

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

Landow, George P. (1992). Access to the text and the author's right (copyright). In Hypertext: The convergence of contemporary critical theory and technology (pp. 196-201). Baltimore, MD: Johns Hopkins University Press.

Lange, David. (1981). Recognizing the public domain. Law & Contemporary Problems, 44(4), 147-181. http://www.heinonline.org/HOL/Page?handle=hein.journals/lcp44&size=2&rot=0&collection=lcpcf&id=813

Copyright – Philip Doty, University of Texas at Austin, December 2010 48

Lange, David. (2003). Reimagining the public domain. In James Boyle (Ed.), Collected papers: Duke conference on the public domain (pp. 463-483). 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.]

Lange, David, & Anderson, Jennifer. (2004???). Reading the public domain. Stanford, CA: Stanford University.

Lemley, Mark A. (2004). Property, intellectual property, and free riding. John M. Olin Program in Law and Economics, Working Paper No. 291, Stanford Law School. [log in through the Social Science Research Network -- http://www.ssrn.com/index_sf.html] http://ssrn.com/abstract=582602

Lemley, Mark A. (2005). Property, intellectual property, and free riding.

Lemley, Mark, & Reese, R. Anthony. (2004). Reducing copyright infringement without restricting innovation. Stanford Law Review, 56(6), 1345-1434. [log in through the Social Science Research Network -- http://www.ssrn.com/index_sf.html] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=525662

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. (1999a). Privacy. Chapter 11 in Code and other laws of cyberspace (pp. 142-163, 271-275). New York: Basic Books.

Lessig, Lawrence. (1999b). Free speech. Chapter 12 in Code and other laws of cyberspace (pp. 164-185, 275-281). New York: Basic Books.

Lessig, Lawrence. (2001b). Jail time in the digital age. First published as an editorial in the New York Times (2001, July 30). http://www.eff.org/IP/DMCA/US_v_Elcomsoft/20010730_lessig_oped.html

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 practice (pp. 247-276). Cambridge, MA: MIT Press.

Lewis, Justin, & Miller, Toby. (Ed.). (2003). Introduction. In Justin Lewis & Toby Miller (Eds.), Critical cultural policy studies: A reader (pp. 1-9). Oxford, UK: Blackwell.

Lievrouw, Leah A. (Ed.). (1994a). Information resources and democracy [Special issue]. Journal of the American Society for Information Science, 45(6).

Lievrouw, Leah A. (1994b). Information resources and democracy: Understanding the paradox. In Leah A. Lievrouw (Ed.), Information resources and democracy [Special issue] (pp. 350-357). Journal of the American Society for Information Science, 45(6).

Copyright – Philip Doty, University of Texas at Austin, December 2010 49

Lipinski, Tomas A. (1998). Information ownership and control. In Martha E. Williams (Ed.), Annual review of information science and technology (Vol. 33, pp. 3-38). Medford, NJ: Information Today.

Lipinski, Tomas A. (2002a). Librarian's guide to copyright for shared and networked resources [Special issue]. Library Technology Reports, 38(1), 7-111.

Lipinski, Tomas A. (Ed.). (2002b). Libraries, museums, and archives: Legal Issues and ethical challenges in the new information era. Lanham, MD: Scarecrow Press.

Litman, Jessica. (1989). Copyright legislation and technological change. Oregon Law Review, 68, 275ff.

Litman, Jessica. (1990). The public domain. Emory Law Journal, 39(4), 965-1023. http://heinonline.org/HOL/Page?handle=hein.journals/emlj39&size=2&rot=0&collection=journals&id=979

Litman, Jessica. (1992). Copyright and information policy. Law and Contemporary Problems, 55(2), 185-209. http://www.jstor.org/view/00239186/ap040221/04a00110/0?frame=noframe&[email protected]/01cce44037005015df025&dpi=3&config=jstor

Litman, Jessica. (2000a). The demonization of piracy. Presented at the Tenth Conference on Computers, Freedom, & Privacy, Toronto. http://www.law.wayne.edu/litman/papers/demon.pdf

Litman, Jessica. (2000b). Information privacy/information property. Stanford Law Review, 52, 1283-1313. http://www.law.wayne.edu/litman/papers/infoprivacy.pdf

Loring, Christopher B. (2000). Reserve, technology, and copyright. In Allen Kent (Ed.), Encyclopedia of library and information science (Vol. 66, Supp. 29, pp. 281-299). New York: Marcel Dekker.

Madison, James. (1961). Federalist paper 43. In Clinton Rossiter (Ed.), The federalist papers: Alexander Hamilton, James Madison, John Jay (pp. 271-280). New York: Penguin.

Mannheimer, Katherine. (2007). Personhood, poethood, and Pope: Johnson’s life of Pope and the search for the man behind the author. Eighteenth-Century Studies, 40(4), 631-649.

Marlotta-Wurgler, Florencia. (2007). What’s in a standard form contract? An empirical analysis of software license agreements. Journal of Empirical Legal Studies, 4(4), 677-713.

Maxwell, Richard. (2003). The marketplace citizen and the political economy of data trade in the European Union. In Justin Lewis & Toby Miller (Eds.), Critical cultural policy studies: A reader (pp. 149-160). Oxford, UK: Blackwell.

Martin, Peter W. (2003). Introduction to basic legal citation. http://www.law.cornell.edu/citation/index.htm

Mayfield, Kendra. (2004). Digitizing archives not so easy.http://www.wired.com/news/print/0,1294,42842,00.html

Copyright – Philip Doty, University of Texas at Austin, December 2010 50

McGowan. (2004). Copyright nonconsequentialism. Missouri Law Review, 69(1), 1-71.

McGuigan, Jim. (2003). Cultural policy studies. In Justin Lewis & Toby Miller (Eds.), Critical cultural policy studies: A reader (pp. 23-42). Oxford, UK: Blackwell.

McLeod, Kembrew. (2001). Owning culture: Authorship, ownership, and intellectual property law. New York: Peter Lang.

McLeod, Kembrew. (2003). Musical production, copyright, and the private ownership of culture. In Justin Lewis & Toby Miller (Eds.), Critical cultural policy studies: A reader (pp. 240-252). Oxford, UK: Blackwell.

Miller, Arthur, & Davis, Michael H. (1990). Intellectual property: Patents, trademarks, and copyright in a nutshell (2nd ed.). St. Paul, MN: West.

Miller, Steven. (1995). Civilizing cyberspace: Policy, power, and the information superhighway. New York: ACM Press.

Minow, Mary. (1996-2003). Library digitization projects and copyright. http://www.llrx.com/features/digitization3.htm

Minow, Mary, & Lipinski, Tomas A. (2003). The library’s legal answer book (pp. 13-84). Chicago: American Library Association.

Mohr, Kevin E. (2002). How to brief a case. http://www.lib.jjay.cuny.edu/research/brief.htmlhttp://www.wsulaw.edu/pdf/K1_F2003_How-To-Brief-A-Case_MOHR.pdf

Molina, J. Carlos Fernández-Molina. (2003). Laws against the circumvention of copyright technological protection. Journal of Documentation, 59(1), 41-68.

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

Mosco, Vincent. (1996). The political economy of communication. Thousand Oaks, CA: Sage.

Mosco, Vincent, & Wasko, Janet. (Eds.). (1988). The political economy of information. Madison, WI: University of Wisconsin Press.

Murray, Laura J. (2004). Protecting ourselves to death: Canada, copyright, and the Internet. First Monday, 9(10). http://www.firstmonday.org/issues/issue9_10/murray/

National Research Council. Committee for a Study on Promoting Access to Scientific and Technical Data for the Public Interest. (1999). A question of balance: Private rights and the public interest in scientific and technical databases. Washington, DC: National Academy Press.

National Research Council. Committee on Intellectual Property Rights in the Emerging Information Infrastructure. (2000). The digital dilemma: Intellectual property in the information age. Washington, DC: National Academy Press. Also available at http://www.nap.edu/html/digital_dilemma/

Copyright – Philip Doty, University of Texas at Austin, December 2010 51

Negativland [Colin Berry]. (1995). Fair use: The story of the letter u and the numeral 2. http://www.wired.com/wired/archive/3.01/negativland_pr.html

Negativland. (2004a). http://www.negativland.com/

Negativland. (2004b). Intellectual property issues. http://www.negativland.com/intprop.html

Netanel, Neil W. (1996). Copyright and democratic civil society. Yale Law Journal, 106(2), 283-387.

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

Nimmer, Raymond T., & Krauthaus, Patricia Ann. (1992). Information as a commodity: New imperatives of commercial law. Law and Contemporary Problems, 55(3), 103-130. http://www.heinonline.org/HOL/Page?handle=hein.journals/lcp55&id=821&collection=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. (1990). Governing the commons: The evolution of institutions for collective action. Cambridge, UK: Cambridge University Press.

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 practice (pp. 41-81). Cambridge, MA: MIT Press.

Overman, E. Sam, & Cahill, Anthony G. (1990). Information policy: A study of values in the policy process. Policy Studies Review, 9(4), 803-818.

Palmedo, Michael. (2001). Letter to Maneesha Mithal, Bureau of Consumer Protection, Federal Trade Commission. http://www.cptech.org/ecom/jurisdiction/ftc-hague12072001.html

Patterson, Lyman Ray. (1968). Copyright in historical perspective. Nashville, TN: Vanderbilt University.

Patterson, Lyman Ray. (1992). Understanding fair use. Law & Contemporary Problems, 55(2), 249-266. Also available at http://www.heinonline.org/HOL/Page?handle=hein.journals/lcp55&id=1&size=2&collection=lcpcf&index=lcpcf

Patterson, Lyman Ray. (1993). Copyright and the “exclusive right” of authors. Journal of Intellectual Property, 1(1), 37ff.

Patterson, L. Ray. (2003). What’s wrong with Eldred? An essay on copyright jurisprudence. Journal of Intellectual Property Law, 10, 345ff. Also available at

Copyright – Philip Doty, University of Texas at Austin, December 2010 52

http://www.lexisnexis.com.ezproxy.lib.utexas.edu/us/lnacademic/results/docview/docview.do?risb=21_T2818532101&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T2818532106&cisb=22_T2818532105&treeMax=true&treeWidth=0&csi=146214&docNo=10

Patterson, Lyman Ray, & Lindberg, Stanley W. (1991). The nature of copyright: A law of users' rights. Athens, GA: University of Georgia Press.

Radin, Margaret. (1993). Reinterpreting property. Chicago: University of Chicago Press.

Raymond, Eric S. (1999). The cathedral & the bazaar: Musings on Linux and open source by an accidental revolutionary. Sebastopol, CA: O’Reilly.

Reichman, J.H, & Franklin, Jonathan A. (1999). Privately legislated intellectual property rights: Reconciling freedom of contract with public good uses of information. University of Pennsylvania Law Review, 147(4), 875-970. http://weblinks2.epnet.com/citation.asp?tb=1&_ua=bt+ID++UPL+shn+1+db+aphjnh+bo+B%5F+5D2C&_ug=sid+C02AA866%2D6FD7%2D4390%2D869D%2DDE452EEAE00F%40sessionmgr2+dbs+aph+8263&_us=dstb+ES+ri+KAAACB1D00194252+fcl+Aut+sm+ES+sl+%2D1+or+Date+B485&_uh=btn+N+6C9C&_uso=st%5B0+%2DJN++%22University++of++Pennsylvania++Law++Review%22++and++DT++19990401+tg%5B0+%2D+db%5B0+%2Daph+op%5B0+%2D+hd+False+63A9&cf=1&fn=1&rn=2&

Reichman, J.H., & Uhlir, Paul F. (1999). Database protection at the crossroads: Recent developments and their impact on science and technology. Berkeley Technology Law Journal, 14(2), 799-821.

Richards, Donald G. (2002). The ideology of intellectual property rights in the international economy. Review of Social Economy, LX(4), 521-541.

Rose, Mark. (1993). Authors and owners: The invention of copyright. Cambridge, MA: Harvard University.

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

Samuelson, Pamela. (1996, January). The copyright grab. Wired, 4(1), 135-138.

Samuelson, Pamela. (2003). Mapping the public domain: Threats and opportunities. In James Boyle (Ed.), Collected papers: Duke conference on the public domain (pp. 147-171). 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.]

Samuelson, Pamela. (2004). Intellectual property arbitrage: How foreign rules can affect domestic protections. Chicago Law Review, 71, 223.

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 53

http://muse.jhu.edu.ezproxy.lib.utexas.edu/journals/indiana_journal_of_global_legal_studies/toc/gls10.2.html

Schmidt, C. James. (1989). Rights for users of information: Conflicts and balances among privacy, professional ethics, law, national security. In Filomena Simora (Ed.), The Bowker annual: Library and book trade almanac (pp. 83-90). New Providence, NJ: R.R. Bowker.

Schweik, Charles M. (2007). Free/open-source software as a framework for establishing commons in science. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From theory to practice (pp. 277-310). Cambridge, MA: MIT Press.

Slack, Jennifer Daryl, & Fejes, Fred. (Eds.). (1987). Ideology of the information age. Norwood, NJ: Ablex.

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

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

Stefik, Mark. (1999a). The bit and the pendulum: Balancing the interests of stakeholders in digital publishing. Chapter 4 in The Internet edge: Social, legal, and technological challenges for a networked world (pp. 79-106 and 302-303). Cambridge, MA: MIT Press.

Stefik, Mark. (1999b). The digital keyhole: Privacy rights and trusted systems. Chapter 8 in The Internet edge: Social, legal, and technological challenges for a networked world (pp. 197-231 and 305-307). Cambridge, MA: MIT Press.

Suber, Peter. (2007). Creating an intellectual commons through open access. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From theory to practice (pp. 171-208). Cambridge, MA: MIT Press.

Tannen, Deborah. (1998). The argument culture: Moving from debate to dialogue. New York: Random House.

Taylor, George H., & Madison, Michael J. (2006). Metaphor, objects, and commodities. Cleveland Sate Law Review, 54(1&2), 141-174.

U.S. Congress. (1976). Agreement on guidelines for classroom copying in not-for-profit educational institutions. Agreed to by the Ad Hoc Committee on Copyright Law Revision, the Author-Publisher Group and Authors League of America, and the Association of American Publishers, Inc. http://www.musiclibraryassoc.org/Copyright/guidebks.htm

U.S. Congress. Congressional Research Service. (2001). Federal statutes: What they are and where to find them. http://www.cnie.org/nle/crsreports/information/info-16.pdf

U. S. Congress. Library of Congress. Copyright Office. (2009). Copyright of the United States.http://www.copyright.gov/title17/

Copyright – Philip Doty, University of Texas at Austin, December 2010 54

U.S. Congress. Library of Congress. Copyright Office. (2005b). Orphan works. Available at http://www.copyright.gov/orphan/

U.S. Congress. Library of Congress. Copyright Office. (2005a). Roundtable discussion on orphan works. Transcript. Available online

U.S. Congress. Office of Technology Assessment. (1986b). Intellectual property rights in an age of electronics and information. Washington, DC: Government Printing Office. http://www.wws.Princeton.EDU/~ota/ns20/alpha_f.html

U.S. Congress. Office of Technology Assessment. (1989). Copyright & home copying: Technology challenges the law. Washington, DC: Government Printing Office.

U.S. Congress. Office of Technology Assessment. (1990a). Critical connections: Communication for the future. Washington, DC: Government Printing Office.

U.S. Congress. Office of Technology Assessment. (1990b). Helping America compete: The role of federal scientific and technical information. Washington, DC: Government Printing Office.

U.S. Congress. Office of Technology Assessment. (1993). Making government work : Electronic delivery of federal services. Washington, DC: Government Printing Office.

U.S. Congress. Office of Technology Assessment. (1994). Electronic enterprises: Looking to the future. Washington, DC: Government Printing Office.

U.S. Congress. Office of Technology Assessment. (1994). Information security and privacy in network environments. Washington, DC: Government Printing Office.

U.S. Department of Commerce. National Telecommunications and Information Administration. (1993). The National Information Infrastructure: Agenda for action. Washington, DC: GPO.

U.S. Department of Justice. (2004). Report of the Department of Justice’s task force on intellectual property. http://www.usdoj.gov/criminal/cybercrime/IPTaskForceReport.pdf [see Ashcroft (2004)]

U.S. General Accounting Office [Government Accountability Office as of 2004]. (1994). Information superhighway: Issues affecting development. Washington, DC: Government Printing Office.

Walterscheid, Edward C. (1994). To promote the progress of science and useful arts: The background and origin of the intellectual property clause of the United States Constitution. Journal of Intellectual Property Law, 2(1). http://www.lawsch.uga.edu/~jipl/vol2/waltersc.html

Wardrop, Martin. (2002). Copyright and intellectual property protection for indigenous heritage. In Aboriginal Art Online. http://www.aboriginalartonline.com/forum/debate.php

Warwick, Shelly. (2002). Copyright for libraries, museums, and archives: The basics and beyond. In Tomas Lipinski (Ed.), Libraries, museums, and archives:

Copyright – Philip Doty, University of Texas at Austin, December 2010 55

Legal Issues and ethical challenges in the new information era (pp. 235-255). Lanham, MD: Scarecrow Press.

Waters, Donald J. (2007). Preserving the knowledge commons. In Charlotte Hess & Elinor Ostrom (Eds.), Understanding knowledge as a commons: From theory to practice (pp. 145-167). Cambridge, MA: MIT Press.

Weber, Claire. (2002). Designing, drafting, and implementing new policies. In Tomas Lipinski (Ed.), Libraries, museums, and archives: Legal Issues and ethical challenges in the new information era (pp. 303-319). Lanham, MD: Scarecrow Press.

Winner, Langdon. (1980). Do artifacts have politics? Daedalus, 109(1), 121-136.

Woodmansee, Martha. (1984). The genius and the copyright: Economic and legal conditions of the emergence of the “author.” Eighteenth-Century Studies, 17(4), 425-448.

World Intellectual Property Organization. (c. 2004). Intellectual property and traditional knowledge. http://www.wipo.int/tk/en/publications/index.html

Young, Edward. (1759). Conjectures on original composition. Dublin.

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.lexis-nexis.com/universe/form/academic/s_lawrev.html?_m=0cd7a31f47f9114a4483775c1cafe6e4&wchp=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

Copyright – Philip Doty, University of Texas at Austin, December 2010 56

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 57

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) now combined with Government Information Quarterly

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

Copyright – Philip Doty, University of Texas at Austin, December 2010 58

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 – Philip Doty, University of Texas at Austin, December 2010 59

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.htmhttp://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

Copyright – Philip Doty, University of Texas at Austin, December 2010 60

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.lexis-nexis.com/universe/form/academic/s_lawrev_more.html?_m=6e07cc386066f3f56cade6326e14af9c&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.aspAnti-piracy http://www.riaa.com/issues/piracy/default.asp

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/

Copyright – Philip Doty, University of Texas at Austin, December 2010 61

(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.htmlInternational Gov’t Information

http://www.lib.utexas.edu/government/world.htmlTexas 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.htmBerne Convention http://www.wipo.int/treaties/en/ip/berne/index.htmlWIPO Copyright Treaty

http://www.wipo.int/documents/en/diplconf/distrib/treaty01.htmIntellectual Property Digital Library http://www.wipo.int/ipdl/en/

Copyright – Philip Doty, University of Texas at Austin, December 2010 62