COPYRIGHT TOWN MEETINGS: CLEVELAND Registration Still Open (Sat April 12); NYC Report Now Available on Digital Publishing: the Rights Issues

["David L. Green" <david@xxxxxxxxx>]

NINCH ANNOUNCEMENT
News on Networking Cultural Heritage Resources
from across the Community
April 8, 2003

PLEASE DISTRIBUTE WIDELY


REGISTRATION STILL OPEN

NINCH COPYRIGHT TOWN MEETING: CLEVELAND
Copyright for Artists and their Public:
Artists' Rights and Art's Rights
http://www.ninch.org/copyright/2003/cleveland.html

Cleveland Museum of Art
* Saturday April 12, 2003 *
9:30am-4pm

========================


REPORT NOW AVAILABLE

NINCH COPYRIGHT TOWN MEETING: NEW YORK
February 22, 2003
Digital Publishing: the Rights Issues
http://www.ninch.org/copyright/2003/nyc.report.html


*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *

REGISTRATION STILL OPEN

NINCH COPYRIGHT TOWN MEETING: CLEVELAND
Copyright for Artists and their Public:
Artists' Rights and Art's Rights
http://www.ninch.org/copyright/2003/cleveland.html

Cleveland Museum of Art
* Saturday April 12, 2003 *
9:30am-4pm

Co-sponsored by the
Case Western Reserve University School of Law
Center for Law, Technology and the Arts
Cleveland Museum of Art
Cleveland Intellectual Property Law Association and
Americans for the Arts

Free of Charge: Registration Required
http://www.ninch.org/copyright/2003/cleveland.register.html

  * * *

Registration is still open for the April 12 Copyright Town Meeting, 
"Artists' Rights and Art's Rights," hosted by the Cleveland Museum of 
Art and co-sponsored   by the Center for Law, Technology and the Arts 
at Case Western Reserve University School of Law 
<http://lawwww.cwru.edu/academic/lta/>, the Cleveland Intellectual 
Property Law Association and Americans for the Arts.

The meeting focuses on copyright issues that artists and their 
audiences confront in creating, distributing and/or re-using the arts 
online.

What has been the impact of the Internet on the creative community 
and how has copyright law and practice and other legal structures 
affected what can be done online? Practitioners, lawyers, legal 
scholars, and a critical commentator on digital copyright law and 
practice come together to offer their wisdom and experiences to those 
creating and using the arts online.

After an introductory keynote address by June Besek, in which she 
reviews copyright basics and current key developments in digital 
copyright legislation, the meeting will comprise three panels:

* Art & Work: Copyright, Contracts and Work-for-Hire
* Access & Use: Copyright, The Public Domain and the First Amendment
* Artists and Copyright: Experiences Working Online

The meeting will conclude with an open forum with questions, comments 
and discussion on the issues raised by the presentations.

Confirmed speakers to date include:
* Alberta Arthurs, Arthurs.US
* Mark Avsec, Benesch, Friedlander, Coplan & Aronoff
* June Besek, Executive Director, Kernochan Center for Law, Media and 
the Arts, Columbia Law School
* Deborah A. Coleman, Hahn Loeser & Parks LLP
* Mark Gunderson, Musician and New Media Artist
* Richard Kelly, Photographer
* Richard Kessler, Executive Director, American Music Center
* Maureen O'Rourke, Professor of Law, Boston University
* Walt Seng, Photographer

Participation is free but registration is required. Register now 
online at: http://www.ninch.org/copyright/2003/cleveland.register.html


* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *


REPORT NOW AVAILABLE

NINCH COPYRIGHT TOWN MEETING: NEW YORK
February 22, 2003
Digital Publishing: the Rights Issues
               http://www.ninch.org/copyright/2003/nyc.report.html



Full and summary reports are now available on "Digital Publishing: 
the Rights Issues," a NINCH Copyright Town Meeting, hosted and 
co-organized with the College Art Association and its Committee on 
Intellectual Property at the CAA conference in New York Feb 22, 2003.

The Metropolitan Museum's Susan Chun explored the expanded universe 
of digital publishing that ranges from digital versions of known 
forms to digital-value-added e-journals to totally new forms like 
image databases. Authors face a bewildering new rights landscape but 
museums were authors too (as well as rightsholders, publishers and 
scholars). In trying to understand and regularize digital 
publication, museums were establishing policies and best practices. 
But these were still early days, much was fluid and there was "a 
great deal of space at the table" for scholars and art historians to 
help formulate new approaches and standards. She urged scholars "to 
join with us in formulating a new strategy for making our content 
available to you."

CAA's Legal Counsel Jeff Cunard spoke of how in creating a digital 
archive of CAA's Art Reviews as part of JSTOR, there was no need to 
seek permissions as the digital publication was a complete replica of 
the entire publication (so the Tasini case did not apply)> However 
new e-publications are demanding rights for potential e-publication. 
Those rights are hard to get and often apply for three years.

Petra Chu and Peter Trippi, producers of the new e-journal 
"19th-Century Art Worldwide," cited rights violations the journal has 
suffered but focused on how they manage the rights issues for images. 
They include more images than most regular journals, but insisted on 
authors acquiring erights and paying the fees. They do assist 
authors, for example by providing a sample request form, but 
highlighted the burden that young scholars face (with bills of $1500 
or more for image fees for a single article)< They called for 
centralized and standardized image distribution across institutions.

What to do when permission cannot be gained or is refused? Christine 
Sundt encouraged more aggressive use of fair use and not asking 
permission when it was a clear fair use and gave a list of still 
unanswered questions about using material in the public domain or 
subject to the control of artists' heirs. Siva Vaidhyanathan asked 
for more breathing room for scholars and cited the experience of many 
scholars and publishers not publishing material in fear of 
prosecution.

Kenny Crews aligned these issues and concerns about digital 
publishing with the underground issues behind the 2002 Teach Act that 
updates the Copyright Act with regard to what can be legally 
broadcast via distance education. The Teach Act is a very complicated 
one and educators are bound by a package of requirements and 
restrictions. The opportunity offered to exploit the medium and 
expand distance education was balanced in the Act by an interest in 
safeguarding future markets for commercial digital publishing.

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