Copyright Research : Tools & Strategies

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Copyright Research : Tools & Strategies

  1. 1. ©2012 Jon R. CavicchiProfessor & IP Librarian
  2. 2. Law school is a fantasy land• Unlimited access to most expensive tools• The growth of one search solutions (Next & Advance)• Research behavior not measured and tied to remuneration• Insufficient incentive to learn effective information seeking behavior and apply the spectrum of tools from free to premium.
  3. 3. • Get to know copyright sources during your law school years (including pricing options)• Do comparative searches using free and premium services• Develop your personal IP Research Toolkit to keep up to date and have indicated research tools and strategies ready
  4. 4. Learn the Open Web Tools Look for presentations on art & museum specialty tools
  5. 5. UNH Law IP LibraryPhysical and virtual holdings
  6. 6. Unique Features• Only academic IP Library in the U.S. – Only IP Librarian with LL.M. (IP) who knows copyright law• One stop shop: including some copyright profs!• Comprehensive : 30,000 print volumes• Old to cutting edge materials• Scholarly to news content• Practice materials• Unique content• Global• Interdisciplinary
  7. 7. Most secondarysources in theIP Library arenowhere in e- format
  8. 8. Premium Interdisciplinary platforms full of Copyright content Lexis, Westlaw, Bloomberg Compare Open Web, Google, Google Scholar
  9. 9. Ways to access IP Library content• MelCAT Online Catalog – Advanced search limit to copyright in IP Library – Strategic searching keywords – Subject headings• Stack browsing• References – Cross references – Footnotes – Other humans• Move from online to print version
  10. 10. Why you need to use MelCAT• UNH Law has thousands of copyright treatises and practice titles, can’t provide a neat bibliograpahy!
  11. 11. That said…• Think outside the box with IP and IP research – Dedicated copyright content – General content that contains copyright parts • Example is practice materials on floor one – Copyright is interdisciplinary – Copyright is global • Content from every country • often in foreign languages
  12. 12. The challenge with copyrightresearch is that it is broad and deep
  13. 13. Copyright landscape from a birds eye view• U.S. • Driven by special• Foreign interest groups• – Tension created by International Constitution• Intersecting with other – Art/museum legal topical area – Music• Interdisciplinary – Publishing – From business to – Entertainment criminal to public policy – Software – Educators and libraries – Open source movement
  14. 14. Copyright professionals• Lawyers • Copyright Royalties Analyst – Firms & in house • Copyright Clearance Center• Paraprofessionals • Licensing Professionals• Law Enforcement • Financial Analysts• Copyright Office • Librarians• Copyright and Permissions • WIPO Assistant • UNESCO• Copyright Royalties Analyst • Anti-piracy NGO’s• Special Interest Group • Think Tanks Associations – Berkman Center – Electronic Frontier Foundation
  15. 15. So what type of project are you working on?
  16. 16. Legal transactions
  17. 17. Quick Ways to Learn Copyright Legal Research
  18. 18. • U.S. Code• Code of Federal Regulation• Copyright Office Compendium• Administrative Decisions of the Copyright Office• Federal court cases• Copyright Office Circulars (law?)
  19. 19. Copyright Counterfeiting• Entire other presentation• Research Pathfinder on UNH Law Library• Massive amount of primary and NGO content
  20. 20. Copyright Law Reporter• In print, Lexis and Westlaw• Copyrightable Materials• Scope of Protection, Limitations, Fair Use• Licensing• Ownership, Duration and Renewal• Notice, Deposit and Registration• International Aspects• Administration—Copyright Office, Appeals• Laws, Treaties and Regulations• Copyright Circulars, Reference Materials• Forms• New Developments• Copyright Law Decisions
  21. 21. U.S. Code• Remember session laws go into U.S. Code• Title 17 – In premium legal research sites and hundreds of open web sites – Evaluate value added considering time and $• Dozens of Copyright Related Acts• Copyright matters scattered in USC – TITLE 2. THE CONGRESS CHAPTER 5--LIBRARY OF CONGRESS § 142g. Copyright Royalty Tribunal; – TITLE 10. ARMED FORCES PROCUREMENT PROVISIONS § 2386. Copyrights, patents, designs, etc.; acquisition
  22. 22. • 112th Congress Copyright Legislation to Watch: – The latest round of anti-piracy legislation supposedly crafted to squelch online piracy has been thinly cloaked under the veil of copyright. – H.R. 3782: The Online Protection and Enforcement of Digital Trade Act (OPEN Act) (introduced 1/18/12) – S. 2029: The Online Protection and Enforcement of Digital Trade Act (OPEN Act) (introduced 12/17/11) – H.R. 3261: The Stop Online Piracy Act (SOPA), also known as the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation (E- PARASITE bill) (introduced 10/26/11) – S. 968: The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011” (PROTECT IP Act of 2011 or PIPA) (introduced 5/12/11)
  23. 23. CFR• Remember final rules go into Code of Federal Regulations• Title 37 – In premium legal research sites and hundreds of open web sites – Evaluate value added considering time and $• Vital to to keep up with rules changes via Federal Register and new sources.
  24. 24. Copyright matters scattered in CFR• Title 7. Agriculture • Title 36. Parks, Forests, and Public Property• Title 10. Energy • Title 38. Pensions, Bonuses, and Veterans• Title 14. Aeronautics and Space Relief• Title 19. Customs Duties • Title 40. Protection of Environment• Title 22. Foreign Relations • Title 41. Public Contracts and Property• Management Title 24. Housing and Urban Development • Title 42. Public Health• Title 26. Internal Revenue • Title 43. Public Lands: Interior• Title 28. Judicial Administration • Title 44. Emergency Management• Title 31. Money and Finance: Treasury • Title 45. Public Welfare• Title 32. National Defense • Title 48. Federal Acquisition Regulations• Title 34. Education • Title 49. Transportation • Title 50. Wildlife and Fisheries
  25. 25. • Premium legal research sites• Open web legal research & copyright sites• Alerting Services• YOU NEED A STRATEGY TO TRACK NEW RULES • Clipping services • Copyright Office Rules page • NGO email services • RSS Feeds • Social media (e.g. Twitter feeds)
  26. 26. • Procedural manual used by Copyright Examiners• The Compendium of Copyright Office Practices is currently undergoing a major revision as of October 2011.• The only access point is the UNH Law IP Mall
  27. 27. • Decisions Of The Appeals Board - United States Copyright Office – when the Copyright Office refuses to register a claim to copyright, it notifies the applicant in writing of the refusal to register. After such notification, the applicant may appeal within 120 calendar days, by sending a letter requesting reconsideration and setting forth his or her objections to the refusal. – The only access point is the UNH Law IP Mall• Copyright Royalty Tribunal (1976 – 1993?) – Tribunal adjusts copyright royalty rates for cable retransmission of broadcast signals in recording new versions of previously recorded songs and for noncommercial educational stations that broadcast musical, pictorial, graphic, and sculptural works. – Decisions published in the Federal Register• Copyright Arbitration Royalty Panels (CARP)• Copyright Royalty Board
  28. 28. • What gets litigated? – Decisions of the Copyright Office denying a registration – Infringement – Non Title 17 cases
  29. 29. Spectrum of Copyright Case Access Choices• Lexis, Westlaw, Bloomberg topical and general case law databases• Dedicated copyright case access tools• General open web legal research with topical and general case law databases• Copyright oriented websites with case collections
  30. 30. Dedicated copyright case law access tools
  31. 31. • News sources• Social Media• Clipping Services
  32. 32. World Intellectual Property Rights and Remedies International Encyclopaedia of Laws for Intellectual Property (Kluwer)International Copyright Law and Practice(Lexis)
  33. 33. • Both offer country law collections that vary from anemic to robust. Lexis Global IP Law Service
  34. 34. WIPO LexDirectory of IntellectualProperty Offices
  35. 35. International/Multinational Copyright• Same commercial and open web sources• Unique specialty tool in IP Library – The Compleat Multilateral Copyright & Related 1886-2007: Agreements, Conventions, Covenants & Treaties, March 2007, ISBN 978-0-9689523-5-1 – The Compleat Multilateral Cultural Property & Related 1874-2008 Agreements, Charters, Conventions, Covenants and Treaties, February 2009, ISBN 978-0-9689523-8-2. – Pre-Common Law Copyright, Performing Rights & Licensing: An Annotated Chronology including Statutory Marginalia 567 to 1714, April 2011, ISBN 978-0-9689523-9-9.
  36. 36. Copyright law of the European Union• The copyright law of the European Union has arisen in an attempt to harmonise the differing copyright laws of European Union member states.• It consists of a number of directives, which the member states are obliged to enact into – their national laws – Court of Justice of the European Union – European Court of Justice and General Court – Available on Lexis, Westlaw and open web
  37. 37. • Spectrum of scholarly to news• Spectrum of ancient to real time• Treatises• Practice Materials• Continuing Legal Ed• Periodicals• Web content spectrum
  38. 38. Secondary Sources• Encyclopedias • Websites• ALR • Grey Literature• Periodicals – NGO reports• – Commercial Reports Treatises – Newsletters• Government • Law firm Documents • Special Interest Groups • Legal Publishers
  39. 39. • Formal work on a subject dealing systematically with its principles and conclusions. – Print – Premium online – Open web online – eBook• Includes scholarly and practice works• Major distinction in law are works that are updated and those that are static.
  40. 40. • Mirrors earlier discussion on copyright spectrum – Law – Scholarly to Practice – Focus on interested parties (industries, public, educators, musicians, authors)
  41. 41. Secondary sources of IP treatises• Lexis Publishing• West Publishing• Aspen/Kluwer• CCH• BNA• Oxford University Press• Edward Elgar• Practicing Law Institute• Law Journal Seminar Press Name that publisher…I am the Godfather of legal research
  42. 42. The “big two” dueling monumental copyright treatises Who wins the contest?
  43. 43. Practice Materials• Copyright Practice books in the IP Library• General practice sets on floor one and Wexis” – Federal Practice – AmJur & West Legal Forms •
  44. 44. • Required by most states • Great Sources of CLE• Copyright lawyers use it – Practicing Law Institute to keep up to date – Copyright/IP Association• Delivered on spectrum – State Bar IP Sections from face to face to – West Legal Ed webinars • Good Materials• Make sure your state – Many formats will accept the credits – Foreign as well as U.S.
  45. 45. Copyright Professional Associations
  46. 46. Copyright Forms• Registration, litigation, transaction…?• All over the open web
  47. 47. Periodicals• IP Library – More comprehensive than Wexis or open web• Wexis Topical or general databases• Legal Resource Index to the next level… – Find copyright articles searching titles and indexing• Open Web Law Reviews – Justia – Findlaw• Spectrum of web journals and newsletters both legal and interdisciplinary
  48. 48. Dedicated Copyright Legal Periodicals• Findlaw – IP Collection – Entertainment & Sports Law Collection• Copyright articles appear in ALL U.S. law reviews – Search combined databases – Law schools in NYC & California heavy on Copyright
  49. 49. Copyright Content : Lexis v. Westlaw• Jon R. Cavicchi, Lexis v. Westlaw for Intellectual Property Research – Better, Different or Same and the Qwerty Effect? 47 IDEA 363 (2007)• Change is constant – More data – More analytical tools – New search platforms
  50. 50. Better, different, same?•Similar – primary sources of domestic law – Forms – Secondary practice sources from other legal publishers – News – Litigation and transaction tools•Vary – Secondary sources by Lexis and West Publishing – foreign IP laws – Patent, trademark and copyright registrations – Docket tracking and documents – People data
  51. 51. • Domestic Primary sources = tie• Global primary sources = tie?• Secondary sources = Lexis (e.g. Nimmer)• Registrations = only on Lexis• Value added = Lexis – Lexis Library & Transactional Advisor• Cost = tie?
  52. 52. Customize Lexis and Westlaw for IP – Reading the menus teach you the sources! – Copyright area of practice tabs – Create a tab for areas like art & entertainment law – Favorites – Copyright Topics & Key Numbers
  53. 53. • Investigating the copyright status of a work – Remember the “bundle of rights” divisible – A focused search of a works registrations, renewals, and assignment history.• Unlike patents and trademarks, the Copyright Office does not perform a search to determine whether a work is registerable.• Searches are not necessary under the copyright code.
  54. 54. Copyright Searches at UNH Law • Copyright Office Web – See tutorial at the end of this presentation – What does searching copyright records teach you? – Larger inquiry : How to Investigate the Copyright Status of a Work – Copyright Office has the assignment data • Lexis U.S. Copyrights Combined Files (ALLCPY file) – is a group file consisting of all three types of Copyright documents, monographs, legal documents and serials. – Each record in this file contains the title of the work, the owners name, the registration number, an indication of whether the work is published or unpublished, the class and retrieval code assigned by the U.S. Copyright Office, and other pertinent information regarding the work and the nature of the registration.
  55. 55. • To help you make the most informed decisions, our U.S. Copyright Search provides: – Publication history – Authorship data, information regarding heirs – Copyright registrations and renewal status $775 – Copyright status and publication history of underlying works – Identification of derivative works – History of assignments of rights as recorded in the U.S. Copyright Office or entertainment industry publications – Licenses and rights information, such as television and video distribution rights, publication or licensed rights – Future projects or plans based on the work• To uncover the most relevant information, we search a comprehensive range of sources including: – U.S. Copyright records (1870 to present) including registration and renewal data, in-process records and recorded assignment and transfer of ownership information – Thomson CompuMarks private reference library and card indices – Thomson CompuMarks proprietary databases of entertainment industry reporting since 1920s – Entertainment trade publications – Online and CD-ROM entertainment databases – Library of Congress records and special collections, such as the National Gallery of Art
  56. 56. Searching Industry Specific Licensing Organizations
  57. 57. Copyright Royalty Rates• Copyright Office mandates• Licensing Royalty Rates (Kluwer) – royalty rates for over 1,500 products and services in ten lucrative licensed product categories—art, celebrity, character and entertainment, collegiate, corporate, designer, event, sports, nonprofit and music.
  58. 58. Staying up to date…. Jon R. Cavicchi, Intellectual Property ResearchTools and Strategies Keeping Up To Date With IP News Services And Blogs: Drowning In A Sea Of Sameness? 46 IDEA 453 (2006).
  59. 59. Email based newsletters• Legal Publishers• Law Firms• Government sites• NGOs• Solutions providers• Academics/law schools• Blogs
  60. 60. RSS Feeds• Websites of all types• Blogs• Wikis• Email – Also RSS feeds into emails
  61. 61. • Westlaw West Topical Highlights• IP News• Legal Newspaper IP articles• Mealeys Daily News Update• BNA PTC Law Daily, PTC Journal, World IP Report• Set up alert services in any database
  62. 62. UNH Law Premium Services
  63. 63. Social MediaRU an IP TWEEP?
  64. 64. IP Blogs• Most popular • How to find them• Most informative • How to evaluate them• Most scholarly • How to use them• Most useful • How to search them • How to manipulate them
  65. 65. Some evaluation questions• Who is the blogger? With so many blogs offering spotty or nonexistent “about” pages, this may be a clue in itself.• What sorts of materials is the blogger reading or citing?• Does this blogger have influence? Is the blog well-established? Who and how many people link to the blog? Who is commenting? Does this blog appear to be part of a community?• Is this content covered in any depth, with any authority?• How sophisticated is the language, the spelling?• Is this blog alive? It there a substantial archive? How current are the posts?• At what point in a story’s lifetime did a post appear? Examining a story’s date may offer clues as to the reliability of a blog entry.• Is the site upfront about its bias? Does it recognize/discuss other points of view? (For certain information tasks–an essay or debate–bias may be especially useful. Students need to recognize it.)• If the blogger is not a traditional “expert,” is this a first-hand view that would also be valuable for research? Is it a unique perspective? • http://21cif.com/rkitp/assessment/v1n5/blog_evaluation_assessment_v1n5.html
  66. 66. Finding IP Blogs
  67. 67. Don’t forget RSS to collect blogs
  68. 68. Podcasts
  69. 69. Twitter• Often first instance of IP news• Most law firms and IP organizations tweet• Links in tweets may be only place to get a doc• “Tweets get buried and lost…Twitter is useless” – Set up two twitter accounts • One for PR or fun & other to follow select few• Tweets are now searchable on Google
  70. 70. Note over 200 Copyright Newsand Discussion Groups
  71. 71. Module 3: Copyright SearchingThis will be an overview of how to searchthe copyright database. It is found on the U.S. Copyright web site at http://www.copyright.gov/
  72. 72. This is the introductoryscreen for the U.S.Copyright Office website. The URL is http://www.copyright/gov.To beginsearching, selectRegistrations andDocuments underSearch CopyrightRecords.
  73. 73. To search for copyright information, you simply click on the Search the Catalog link in the box on the left side of the screen.
  74. 74. This brings up a verysimple search menu. You can use Basic Search or you can select Other Search Options, which is a more advancesearching method and allows morecomplicated searches and to combinekeywords, names andregistration numbers.
  75. 75. As you can see from the Basic Search menu, you can search by title, name, keywords, registration number, document number and command keyword. Each of these options is described with examples at the bottom of the screen. We will start with a very simple search. Notice I have put my last name first and then selected Name from the menu.
  76. 76. Notice that unless you are working with a very unusual name, there may be several choices. It is good to have middle name if possible and to check several of the choices if you are not sure. Knowing the year of birth and/or death can also be helpful. In this case, I know which person on the list I am interested in, so I will checkthat box. Notice that this also provides the full title, the copyright number and the date. A simple click of themouse selects the full record.
  77. 77. Now you can see a descriptionof the individual item. You can see the title of the work, it is awork of visual material, that it is a soft sculpture, that I am copyright claimant (I have not assigned my rights to another entity nor is this a work-for- hire), the date of creation andthe date of registration. Notice that the registration number begins with a VA for work of visual art. Notice also that my name is highlighted, so I could click on this to see any other creative work that I have registered for copyright .
  78. 78. This list shows how important it is to have a first name, middle initial ormiddle name, dateof birth and date of death, particularlywhen a last name is common. This list also indicates the number of titles each person has registered.
  79. 79. Next let’s go back to the searchscreen and see how to search by title of the work. Notice that I have selected Title from theSearch by pull-down menu. Also note that you need to omit articles “A”, “An”, “The”, etc. Let’s search by the title of my soft sculpture, Fiddler’s Fruit. Ido find it helpful to search bothwith and without punctuation.
  80. 80. And here is the sameinformation we saw before.
  81. 81. If we had a short title or just a few words in the title,we would get this kind of list to select from.Notice that in the Full Title box, there are livelinks. Also notice that copyright numbers and dates are provided.Let’s try another title search.
  82. 82. Let’s search for the book The Vanishing Violinist. Again, notice that we don’t use “The”. Be sure you havehighlighted Title in the Search by menu.
  83. 83. And here is the information onThe Vanishing Violinist. Notice that the registration number now begins with TX for Literary Works (Hint: think Text – although this category could also include websitesand computer programs). You can also see the number ofpages, the publisher, the dateof publication and the date of creation. If we wanted to seeother work by Sara HoskinsonFrommer, we just need to click on her name.
  84. 84. And here is hername at the top ofthe list. Under the Titles column, we can see that she has 23 items registered. By clicking on [1], wecan see the titles ofher other works.
  85. 85. Some of these titles look really interesting. Continuing on our musical theme, I’d suggest we look at Murder in C Major, which is item 15 on thelist. So we’ll click on [15]to and get the details for this book.
  86. 86. And here is theinformation. Notice all of the useful information provided, including the number of pages of the book, the publisher, when the book was created and its registration and publication date.
  87. 87. Author searches do not need to be justindividual people. You can also search by organization,corporation and groupnames. Let’s search for works by Blind Melon.
  88. 88. And here is the list. We will check the box for Blind Melon, which appears to have 7 items registered. Notice that the copyright numbersbegin with either SRfor sound recording or PA for a work of performing art.
  89. 89. I’m going to select Live at the Palace. Notice that this is a sound recording and a collection. Notice thatalthough Blind Melon is the author, the copyright claimant isactually Capitol Records and that they actually own the copyright .Also notice that this is a work-for-hire.Now let’s try a search bythe registration number.
  90. 90. So we type in the registrationnumber and select RegistrationNumber from the menu.
  91. 91. There are specialformats for searchingby registrationnumber. Scroll downto the bottom of thescreen to see anexplanation andexamples.
  92. 92. And here we have the information on the work with that particular registrationnumber. This looks like a compilation andcommentary on poetry that is distributed regularly as a series.
  93. 93. Let’s try a more advancedsearch using the OtherSearch Options tab. HereI can do a combinationsearch. In this case, I amlooking for the title Colorof Money – notice I haveused the pull-down menuon the left to select Title.Then I am going toinclude Walt Disney asthe Claimant. Note the Ihave selected AND ratherthan OR or NOT. Theseare known as Booleanoperators and allow youto mix, match andexclude.
  94. 94. Here I have foundtwo items – apress release anda work ofperforming arts(copyright numberbegins with PA),so I will select [2].
  95. 95. And here I have a great deal of information, includingthe cast, credits for the screenplay and photography, a description, thedistributor and that the motion picture based on a novel by Walter Tevis. I could then select any of the links at the bottom of the screen .
  96. 96. This has been a brief overview of how to search the copyrightdatabase. Please return to Module 3 using the Back button on your browser. Then please visit the U.S. Copyright website athttp://www.copyright.gov/ and practice some simple searches of your own. This will help you prepare for the Copyright Assignment, which I will be distributing soon.

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