iml601 week 4 abs
TRANSCRIPT
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Acts in PublishingPublishers
A copyright is a legal device that gives the creator of aliterary, artistic, musical, or other creative work the soleright to publish and sell that work. Copyright ownershave the right to control the reproduction of their work,including the right to receive payment for thatreproduction. An author may grant or sell those rights toothers, including publishers or recording companies.
Violation of a copyright is called infringement.
Abu Bakar SuleimanSenior LecturerFaculty of Information Management
University Technology MARA
Intellectual Property Act
Copyright Act
Fair Use
Plagiarism
Libraries Act
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Intellectual Property Act
- IPR means the property in intellectual creations,particularly technology inventions, literary andartistic work.
- World Intellectual Property Organization (WIPO)
Intellectual property (IP) refers to creations ofthe mind: inventions, literary and artistic works,
and symbols, names, images, and designs usedin commerce.
Intellectual property rights are the rights givento persons over the creations of their minds.They usually give the creator an exclusive rightover the use of his/her creation for a certain
period of time.
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Objective of IPR
- To monitor intellectual property development atnational and international level
- To encourage inventiveness, innovations andcreativity through appropriate legislations
- To safeguard creators interests.
IP is divided into two categories: Industrial property, which includesinventions (patents), trademarks, industrial designs, and geographic
indications of source; and Copyright, which includes literary andartistic works such as novels, poems and plays, films, musical works,artistic works such as drawings, paintings, photographs andsculptures, and architectural designs. Rights related to copyrightinclude those of performing artists in their performances, producersof phonograms in their recordings, and those of broadcasters in theirradio and television programs.
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Intellectual
Property
Copyright
Patents
Industrial Designs
Trade Marks
Confidential Info
Name, logo, brand, get-up
business, products & services
Form
& expression
Inventive ideasto solve
technological problems
Shape & visual
appearances
Info or trade secrets
which are confidential
Trade Marks Act 1976-Registration MyIPO
TOP - 10 yrs forever if renewed
-Common law passing off-No registration
Use, use & use
TOP - forever
Copyright Act 1987No registration
TOP-50 yrs + author life
50 yrs from publication date
Patents Act 1983Registration MyIPO
TOP 20 yrs from filing
Industrial Designs Act 1996Registration MyIPO
TOP- 15 yrs from filing
Common law
breach of
confidential informationNo registration
TOP- forever if kept secret
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What is Copyright Act?
A form of protection provided by MalaysianCopyright Act 1987 (Act 332) to authors/ownersof certain categories of originalworks that arefixed in a tangible form of expression
Protection is available to both published andunpublished works
One work may contain more than 1 copyright(e.g. songslyrics/music & sound recording)
The rights of authors of literary and artistic works (such as booksand other writings, musical compositions, paintings, sculpture,computer programs and films) are protected by copyright, for a
minimum period of 50 years after the death of the author.
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Definition of Copyright
is the exclusive right given to the owner of acopyright for a specific period of time.
The Copyright Act 1987 governs copyright in
Malaysia (AMENDMENT) ACT 1997
Is the exclusive right given to the owner of acopyright for a specific period of time.
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Copyright Law in Malaysia
Governed by the Copyright Act 1987.
In Malaysia, no system of registration forcopyright.
Copyright Law 1987 provides the enforcement ofthe law by the Ministry of Trade and ConsumerAffairs.
Also provides the necessary clout to theenforcement agencies.
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Why Protect Copyright?
Copyright and its related rights are essential tohuman creativity, by giving creators incentivesin the form of recognition and fair economicrewards.
Under this system of rights, creators are assuredthat their works can be disseminated without fearof unauthorized copying or piracy.
This in turn helps increase access to andenhances the enjoyment of culture,knowledge, and entertainment all over the
world.
Copyright and its related rights are essential
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Requirements for Copyright Protection
Requirements
Belongs to one of the categories of protectedworks
Must be original Complies with requirement as to form
Complies with qualifications for copyright
A work is protected irrespective of quality and
purpose
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Categories of Protected Works
Literary
Artistic
Musical
Films Sound recordings
Broadcasts
Derivative works
Published editions
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Literary Works
Books
Novels
Stories
Other writings
Pamphlets, manuscripts
Newsletters
Essays, Articles, Letters, Reports
Lectures, speeches, sermons
Tables or compilations, whether or not expressedin words, figures or symbols and whether or notin a visible form
Software
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Artistic Works
Painting Drawing Diagram Map
Chart or plan Engraving Etching Lithograph
Woodcut Photos Sculpture Collage Work of architecture
Work of artistic craftsmanship
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Derivative Works
Works derived from any pre-existing copyrightworks
Translations, adaptations, arrangements and othertransformation of works;
Play adapted from novel
Collection of works eligible for copyright which, byreason of the selection and arrangement of theircontents, constitute intellectual creation
Encyclopedias, dictionaries, tables and compilations
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Published Editions
Literary, artistic or musical work First publication took place in Malaysia; Publisher a qualified person at first publication date Protects typographical layout and arrangements
Appearance of the page, just a position of text, typeset,
photos, headlines etc Restricted actreproduction Exceptions:
Purposes of research, private study, criticism, review orreporting of current events if compatible with fair dealingand if made public, to be accompanied byacknowledgement
Government, National Archives or State Libraries,prescribed public libraries, educational institutions if inthe public interest and compatible with fair dealings
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Fixation in Material Form
Work must be written down, recorded or reducedto material form
Material form
Any form of storage, visible or not, from which the workmay be copied
Oral piece of work not protected
Work must be written down, recorded orreduced to material form.
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Scope of Protection
Copyright protects only the form in whichsomething is laid out.
It is the works that are protected and not ideas.
Creative and inspirational elements behind the
expression are not protected How to protect such concept or idea?
By way of contractual arrangement or confidentialinformation
Copyright protects only the form in whichsomething is laid out.
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Non-Protectable Works
Official texts of Government or statutory bodies ofa legislative or regulatory nature or judicialdecisions
Taglines, slogans, short phrases & titles,
names, familiar symbols
Ideas, procedures, methods of operation ormathematical concept as such
Public domain works
Copyright expired
Failed to satisfy statutoryrequirements/formalities
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No Formality
Copyright is conferred once all aboverequirements are fulfilled
Arises automatically upon creation No requirement for registration or deposit
Advisable and prudent to use symbol followedby name of copyright owner and year of firstpublication ABC Sdn Bhd 2001
Copyright notice is not a legal requirement but
gives notice of copyright. Failure to use will not prevent owner fromclaiming copyright
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Authorship
Author or creator is the person who brings thework into existence in its material form
Someone who merely suggests a general conceptor an idea is not an author
Authorship is important:
For purpose of subsistence of copyright
Identity of author is relevant in computing duration -literary, musical and artistic works
Author and not owner is entitled to moral rights
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Who is An Author?
Literary work - writer or maker
Artistic work (except photographs) - artist
Photograph - photographer and not dark room
technician Film or sound recording - person making the filmor sound recording
Computer generated work - person creating the
work using computer & its program
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Joint Authors
When two or more authors collaborate on a workand if the contribution of each author is notseparable from the contribution of the other
Each author must contribute significant amount ofskill and labour
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Ownership of Copyright
General ruleauthor is the first owner
Exceptions: Employees
Commissioned works
Government
Owners are persons entitled to control the doingof various restricted acts
Copyright is deemed transferredas soon as it
comes into existence without any formality(subject to agreement to contrary) in: Commissioned works
Works made in the course of employment
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Works Created By Employee
Ownership of the intellectual property createdduring the course of the employment is deemedtransferred to the employer, unless otherwiseagreed.
Important consideration:
Whether a work was made in the course of authorsemployment
Scope of employeesduties
Whether work is part of the regular or special duties
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Commissioned Works
Commission: to empower, to entrust with anoffice or duty
Necessary to show the relevant work wasproduced in consequence of an agreement madefor valuable consideration
The arrangement must pre-date the making of thework commissioned
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Government
Copyright shall subsist in work made by or underthe direction of the Government and suchGovernment organisation or international bodiesas Minister may by order prescribe
Copyright shall vest initially in the Government,Government organisation or international body,not the author
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Moral Rights of Author
What are moral rights? Right to be identified as the author (right of paternity)
Right to ensure that work is not distorted, mutilated ormodified (right to integrity)
Significantly alter works; Might reasonably be regarded as adversely affecting
authorshonour or reputation
These are personal rights which cannot be taken away
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Nature of Copyright
Exclusive right to sayYESor NOto
various uses
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Exclusive Rights of Copyright Owner
To reproduce in material form
To perform, show or play to public
To communicate to public
To distribute by way of sale
To control the commercial rental
To prepare derivative works based on the work Translation, adaptation
To reproduce typographical arrangement in
published editions
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What is Reproduction Right
Defined as the making of one or more copies ofthe work in any form or version Upload, download, copy
Temporary electronic copy made for purposes ofenabling user access, browse and preview
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What is Communication To The Public
Defined as the transmission of a work throughwire or wireless means to the public, including themaking available of a work to the public in such away that members of the public may access the
work from a place and at a time individuallychosen by them
Making the work available online and accessing byInternet
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Dealing with a Work
Copyright, being a proprietary work, can becommercially exploited by the owner by Assignment
License
Transmission by operation of law or testamentarydisposition
Copyright in future work can also be assigned orlicensed E.g. an author may assign or license the publishing right
in the book, which has not been written or completed
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What is Infringement?
Infringement means:
Without authorisation, does or causes thedoing of:
Reproduction Communication to the public
Performance, showing or playing to the public
Distribution by way of sale to the public
Commercial rental
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Definition of Fair Dealing
Purpose and character of the dealing, whethersuch dealing is of a commercial nature or is fornon-profit educational purposes;
The nature of the work;
The amount and substantiality of the part copiedtaken in relation to the whole work;
The effect of dealing upon the potential marketfor, or value of, the work; and
The possibility of obtaining the work within areasonable time at an ordinary commercial price
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Private Study
Study must be undertaken by the person claimingthe defense
Q: is this defense available to a library
undertaking the photocopying facilities on behalfof a student?
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Use made of a work or under direction orcontrol of Government, by the NationalArchives or any State Archives, by the NationalLibrary, or any State library, or by such public
libraries and educational, scientific orprofessional institutions as the Minister may byorder prescribe where such use is in the publicinterest and is compatible with fair practice
and the provisions of any regulations and(i) no profit is derived; and
(ii) no admission fee is charged
Section 13(2)(i) of MCA
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Remedies for Copyright Owners
Civil proceedings Injunction
Damages or accounts of profit
Additional damages if: Flagrancy;
Benefit accrued by reason of infringement
Other reliefs such as delivery up etc
Criminal sanctions RM2000 per infringing copy up to RM20,000
5 years jail
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Practical Challenges
Role of Libraries is to provide access to knowledge
Need to address legal issues associated withaccess, copying and dissemination of digitalmaterials
Copyright governs ownership, control anddistribution of knowledge;
Inadequate and insufficient exceptions anddefenses
Licenses that override copyright laws Creation of responsible practices
Acceptable use policies, codes of practices to controlextent or permissible copying and dissemination
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Issues of Concern to Libraries and Librarians
Proper clearance of copyrighted works
High costs and administrative burden of clearingIPR
Difficulty in locating right-holders
Complexity and lengthy negotiations
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Clearance of Rights
Some considerations:
Identify the WORKS to be digitized
Develop a clearance strategy
Separate works which do not require licenses (e.g.
works owned by universities) from those where licensesmust be sought (e.g. studentswritings)
Approach rights-holders
Negotiate clearances for the intended usage
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Other Issues
Does the person you deal with have the right tolicense the copyrighted materials
Normally, only copyright owner has the right to licensethe use of the copyrighted work unless he gives an
authority/licence to someone to sub-license it. Get proper proof of his authority to license have sight
of the master license agreement
Warranty that he has the authority
Get an indemnity letter
Enter into a proper license agreement
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Plagiarism
It is to use others ideas and words without clearlyacknowledging the source of that information.(knowledge tagging)
act of using someones ideas, composition, etc.
(An English MalayDictionary.Kamus Dewan. 1995. Dewan Bahasa dan Pustaka)
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is unethical and immoral; is the issue of trust between two or more; is a legal issue of fair use and intellectual
property;
it will hurt those who dont; is a breach of confidence; and is infringement of copyright and subjected to
Copyright Act 1987, andcan be sued fordamages.
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Types of Plagiarism
Deliberate, copying of text without attribution
Changing the words around, using synonymswithout attribution
Quoting too closely, without quotation marks,
but with attribution Believing the information to be common
knowledge
Using someone elsespaper
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How to Avoid?
Give credit whenever you use
anotherspersonsidea, opinion, or theory; any facts, statistics, graphs, drawings any
pieces of information that are not commonknowledge;
quotations of anothersactual spoken or writtenwords; or
paraphrase of another persons spoken orwritten words
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LAW OF MALAYSIAAct 331
DEPOSIT OF LIBRARY MATERIAL ACT
1986
An Act to make provision for the collection, conservation,bibliographical control and use of library material published inMalaysia and to provide for matters connected therewith
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Act 331
SCHEDULE I(Section 4 (1) and (2)NUMBERS OF COPIES OF LIBRARY MATERIAL TO BEDELIVERED
1. Printed library material including books,serials 5 maps, charts and posters. (5 copies)
2. Non-printed library material includingcinematograph films, microforms,phonographic records, video and audiorecordings and other electronic media. (2copies)
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Defamation Act 1957
A person who, by words either spoken or intended to be read, or bysigns or visible representations, publishes a defamatory imputationconcerning another person.
What Constitute Defamation?
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Forms of Defamation
Slander
Conveyed orally through voice or sign such asinsinuation, irony etc.
Libel
Defamation in form of printed materials suchas, books, symbols, image etc.
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Defamation Matters
Blacken the reputation of someone.
Any publication that make someone being hatedand insulted by community.
Their goodwill in job, business or profession will
spoil.
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In Publication
In this act, publication is
a) In the case of word spoken, the speaking ofthose words in the hearing of a person otherthan the person defamed.
b) The delivery, reading, or exhibition of it, ifthe person making the publication knows,the contents or nature of the documentcontaining the defamatory matter
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Defamation Actionable
The unlawful publication of defamatory matter(including words spoken) is an actionable wrongwithout proof of special damage to the persondefamed.
In the case of other defamatory matter, thedelivery, reading, or exhibition of it, in any othermanner, of its content of any part thereof to aperson other than the person defamed, the
contents or nature of the document or other thingcontaining the defamatory matter
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Contract Act 1950
A promiseof an agreementmade of a set of promises. Breachof this contract is recognized by the law and legal remedies can beprovided
What is Contract?
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Formation of Contract
It is completed when there is an offer made, a clearand unequivocal acceptance, furnishing ofconsideration and an intention to be bound by thecontract
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In Publication
Relationship arise when there is an agreementbetween the author and publisher
The author allowed publisher to publish theirwork
Publisher must pay the royalty according topercentage
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Contract Issue
Royalty payment
In some cases, publisher did not pay the royaltyto the author as written in the agreement
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Authentication of Contract
Intention to create legal relation
Offer exist from a party and acceptance fromanother party
Existence of consideration
All parties are qualified to form a contract
Not for illegal purpose
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Contract Actionable
According to Section10(1), Contract Act 1950, anyagreement must be form with willingness byparties that are qualified
If any parties breach the requirement of the
contract, another parties can make assertion tobreak the contract
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Sedition Act 1948
An act, speech, word, publication or other thing that
What is Seditious?
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What is Considered Seditious?
An act, speech, word, publication or other thingthat:
Brings into hatred or contempt of excitesdisaffection against any ruler or government, or
the administration of justice Promotes feelings of ill-will and hostility between
different races and classes of Malaysians
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Who Can Be Charged Under The Act?
Section4(1) defines the offender as anyone whocarries out any act that has a seditious tendency
Includes preparations for such an act orconspiring with anyone who is involved in such an
act
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The Act Covers:
Covers:
The saying of seditious words
The printing, publishing, sale, offer for sale,distribution or reproduction of any seditiouspublication
Import of seditious publications
When applied or used in respect of any act, speech or wordsqualifies such words and publication as one having a seditioustendency
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In Publication
Includes all printed matter and everythingwhether of a nature similar to printed matter
Not containing any visible representation by itsform, shape or in any other manner
Capable of suggesting words or ideas, andreproduction or substantial reproduction of anypublication
Includes any phases, sentences or other consecutive number orcombination of words
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What is the Penalty for these Offences?
The first-time offender is liable to a fine notexceeding RM5,000 or imprisonment for up tothree years, or both
Subsequent offences are punishable with a
maximum jail sentence of five years
Any seditious publication found in possession of the offender andused as evidence will be disposed of as the court directs
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Internal Security Act 1960
The act been demolished in 201?
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Conclusion
Copyright Law in Action: Basic Books v. Kinko's Graphics Corp.
Copyright cases typically involve disputes between competing private interests: an authoragainst someone who has copied the author's work without permission. However, theoutcome of such cases often has significant repercussions for the general public as well.One such case with significant public effect was Basic Books v. Kinko's Graphics Corp.,758 F. Supp. 1522 (S.D.N.Y. 1991), which dealt with the question of whether photocopy
stores may sell copied excerpts of books to college students without authorization fromthe books' publishers. The decision in the case ultimately affected the price that thepublic must pay for access to copyrighted information.
Many college and university students purchase photocopied materials from copy stores inassociation with courses they are taking. Usually consisting of chapters or sections taken
from different books or journals, these photocopied materials enable students to readfrom a wide variety of sources without having to purchase a large number of books. Bythe late 1980s, book publishers realized they were losing sales owing to suchphotocopying. As a result, several publishers, including Basic Books, Inc., filed a lawsuitin federal court against one of the largest photocopy firms in the United StatesKinko'sGraphics Corporation, a company that in 1989 had more than two hundred locations andannual sales of $54 million.
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Conclusion
At issue in the case was the question of who may profit from the reproduction of anauthor's work, particularly with regard to the practice that Kinko's called anthologizing,which is the copying of book excerpts into course "packets" sold to college students. Thepublishers, the plaintiffs in the case, maintained that Kinko's violated the Copyright Act of1976 (17 U.S.C.A. 101 et seq.), by failing to secure permission to reprint the excerptsincluded in course packets and, in turn, pay the necessary fees involved, part of whichwould be passed on to the authors of the books. Kinko's claimed that its sale of the
excerpts was an example of the kind of fair use that is allowed by the Copyright Act.
Citing the commercial interests involvednamely, the fact that Kinko's made a significantamount of money from the sale of course packets, and that packet sales competed withbook salesthe court found that Kinko's was guilty of copyright infringement. It orderedthe company to pay $500,000 in damages to the publishers and issued an order
forbidding it to prepare anthologies without securing permission from and prepaying feesto the appropriate publishers.
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Conclusion
Basic Bookswas a victory for the publishers and authors of books that are excerpted forcourse anthologies. As for Kinko's, it now has to pay fees to publishers, but it is able topass on those costs to customers in the form of higher prices. Does this mean thatstudents are the losers in this case? In the short run, yes, because they will pay more fortheir course materials. But in the long run, students and the rest of society may derivemore benefit, even if it is indirect, from a system that rewards authors for their intellectuallabor.
Many features of the 1976 act make U.S. copyright law conform more to internationalcopyright standards, particularly with regard to the duration of copyright protection and tothe formalities of copyright deposit, registration, and notice. These changes have beengreatly influenced by the most important international copyright treaty, the BerneConvention for the Protection of Literary and Artistic Works (828 U.N.T.S. 221, S. TreatyDoc. No. 99-27). In 1988, the United States passed the Berne Convention
Implementation Act (102 Stat. 2853), which made the nation an official member of thetreaty as of 1989. Section 2(a) of this act holds that provisions of the treaty are not legallybinding in the United States without domestic legislation that specifically implementsthem.U.S. copyright law has continued to evolve toward greater conformity withinternational copyright standards. In the 1990s, for example, the Berne Convention added20 years to the minimum standard for copyright duration, changing it to the length of the
th ' lif l 70 U S i ht l f ll d it i 1998 ith th f