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The undermining of copyright law, and in particular limitations and exceptions to copyright by contract law is an issue frequently raised by libraries, and library groups such as International Federation of Library Associations and Institutions.
To bring a copyright infringement lawsuit, a copyright holder must establish ownership of a valid copyright and the copying of constituent elements of the work that are original. [76] The copyright owner must also establish both (a) actual copying and (b) improper appropriation of the work.
He is particularly noted for his scholarship around educational and library exceptions in copyright law, and was commissioned by WIPO to write an examination of those exceptions around the world. He is a frequent speaker and consultant on library-related copyright matters, and was called for expert testimony in the Cambridge University Press v.
Section 3 also amends the DMCA to add exceptions for six types of circumvention. Circumvention by libraries and archives, to skip objectionable content, to transmit over a personal network, to gain access to public domain works, for public interest work and research, and for preservation are added as a new set of exceptions. [13]
A new exemption was made for sound recordings allowed after security flaws were found in a copy protection system on some Sony CDs; this was not renewed in 2010. A new exemption was implemented covering the audiovisual works included in the educational library of a college or university's film or media studies department; this was not renewed ...
EU copyright laws recognise the right of EU member states to implement some national exceptions to copyright. Examples of those exceptions are: photographic reproductions on paper or any similar medium of works (excluding sheet music) provided that the rightholders receives fair compensation; reproduction made by libraries, educational ...
Article 5 lists the copyright exceptions which Member States may apply to copyright and related rights. The restrictive nature of the list was one source of controversy over the directive: in principle, Member States may only apply exceptions which are on the agreed list, although other exceptions which were already in national laws on 2001-06 ...
The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material object in which the copyrighted work is embodied is exhausted. The owner of the material object can then dispose of it as they see fit.