Copyright Research : Tools and Strategies
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This document provides an overview of copyright research resources and strategies. It discusses the importance of getting to know copyright sources during law school, developing a personal IP research toolkit, and doing comparative searches using free and premium services. It covers commercial research services, Lexis as an example, and features of the UNH Law IP library including its physical and digital holdings. The document then discusses various ways to access content in the IP library catalog and why using the catalog is important. It also touches on challenges with copyright research and provides examples of copyright research topics. Overall, the document serves as a guide to the wide variety of resources and tools available for conducting copyright research.
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Copyright Research : Tools and Strategies
- 1. ©2018 Jon R. Cavicchi Professor & IP Librarian Faculty Fellow: Franklin Pierce Center for Intellectual Property
- 2. • 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. Commercial Services are Multidimensional • Pick a topic • Research a topic • Draft practice documents • Litigation tasks • Transactional tasks • Keep up to date • Do non-legal research • Perform copyright/ownership searches
- 11. UNH Law IP Library Physical and virtual holdings
- 12. 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
- 13. Most secondary sources in the IP Library are nowhere online
- 14. 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
- 15. Why you need to use MelCAT • UNH Law has thousands of copyright treatises and practice titles, can’t provide a neat bibliograpahy!
- 16. That said… • Think outside the box with 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
- 17. The challenge with copyright research is that it is broad and deep
- 18. Copyright landscape from a birds eye view • U.S. • Foreign • International • Intersecting with other legal topical area • Interdisciplinary – From business to criminal to public policy • Driven by special interest groups – Tension created by Constitution – Art/museum – Music – Publishing – Entertainment – Software – Educators and libraries – Open source movement
- 22. Global Perspectives in Copyright Possible Topics • New Concepts in Originality, Creativity, Fixation, and Distribution • The Implications and Impact of Blockchain Technology on Copyright Law, Theory, and Practice (smart contract, code, DRM/DCM) • Statutory Damages and Other Remedies • The Orphan Works Problem • Rights in Traditional Knowledge and Folklore • Termination Rights • The Intersection of Copyright and other Disciplines (trusts & estates, contracts/licensing, entertainment, constitutional law) • Digital Millennium Copyright Act (DMCA) • International Copyright (treaties, conventions, trade, comparative law, developing/emerging nations) • Copyright Licensing • The Intersection of Copyright and Other Disciplines • Social Media & Copyright • Gaming & Copyright • Copyright in an Open Source Data World • Copyright Law & Policy in Developing Nations • Art and Imitation • User-Generated Content (UGC) • Ownership of Digital Spaces
- 23. Copyright professionals • Lawyers – Firms & in house • Paraprofessionals • Law Enforcement • Copyright Office • Copyright and Permissions Assistant • Copyright Royalties Analyst • Special Interest Group Associations • Copyright Royalties Analyst • Copyright Clearance Center • Licensing Professionals • Financial Analysts • Librarians • WIPO • UNESCO • Anti-piracy NGO’s • Think Tanks – Berkman Center – Electronic Frontier Foundation
- 24. So what type of project are you working on?
- 25. Quick Ways to Learn Copyright Legal Research
- 26. • Recent cases • Legislation (proposed and enacted) • United States Copyright Statutes and Regulations Title 17 - Copyrights Copyright Rules, Title 37 CFR United States Constitution • Treaties and Acts Berne Convention for the Protection of Literary and Artistic Works Convention for the Protection of Producers of Phonograms International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations Sonny Bono Copyright Extension Act Universal Copyright Convention WIPO Copyright Treaty WIPO Performances and Phonograms Treaty
- 27. Copyright Counterfeiting • Entire other presentation • Research Pathfinder on UNH Law Library • Massive amount of government, primary and NGO content
- 28. • UNH Law = Westlaw and Intelliconnect • 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
- 29. 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
- 30. New Copyright Proposals Every Congress
- 35. 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.
- 36. Copyright matters scattered in CFR • Title 7. Agriculture • Title 10. Energy • Title 14. Aeronautics and Space • Title 19. Customs Duties • Title 22. Foreign Relations • Title 24. Housing and Urban Development • Title 26. Internal Revenue • Title 28. Judicial Administration • Title 31. Money and Finance: Treasury • Title 32. National Defense • Title 34. Education • Title 36. Parks, Forests, and Public Property • Title 38. Pensions, Bonuses, and Veterans' Relief • Title 40. Protection of Environment • Title 41. Public Contracts and Property Management • Title 42. Public Health • Title 43. Public Lands: Interior • Title 44. Emergency Management • Title 45. Public Welfare • Title 48. Federal Acquisition Regulations • Title 49. Transportation • Title 50. Wildlife and Fisheries
- 37. • 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)
- 39. • 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
- 40. • What gets litigated? – Decisions of the Copyright Office denying a registration – Infringement – Non Title 17 cases
- 41. 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
- 42. Dedicated copyright case law access tools
- 43. • News sources • Social Media • Clipping Services
- 44. International Encyclopaedia of Laws for Intellectual Property (Kluwer) International Copyright Law and Practice (Lexis) World Intellectual Property Rights and Remedies
- 45. WIPO Lex Directory of Intellectual Property Offices
- 48. 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
- 50. • Spectrum of scholarly to news • Spectrum of ancient to real time • Treatises • Practice Materials • Continuing Legal Ed • Periodicals • Web content spectrum
- 51. Secondary Sources • Encyclopedias • ALR • Periodicals • Treatises • Government Documents • Websites • Grey Literature – NGO reports – Commercial Reports – Newsletters • Law firm • Special Interest Groups • Legal Publishers
- 53. • 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.
- 54. • Mirrors earlier discussion on copyright spectrum – Law – Scholarly to Practice – Focus on interested parties (industries, public, educators, musicians, authors)
- 55. 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 Name that publisher…I am the Godfather of legal research
- 56. The “big two” dueling monumental copyright treatises Who wins the contest? Who wins the contest?
- 58. Practice Materials • Copyright Practice books in the IP Library • General practice sets on floor one and Wexis” – Federal Practice – AmJur & West Legal Forms • Lots of IP forms on the open web • Wexis have massive conglomerated form databases – Causes of Action • Non IP Practice Materials on floor one with copyright sections – Bankruptcy, tax, antitrust…
- 60. • Required by most states • Copyright lawyers use it to keep up to date • Delivered on spectrum from face to face to webinars • Make sure your state will accept the credits • Great Sources of CLE – Practicing Law Institute – Copyright/IP Association – State Bar IP Sections – West Legal Ed • Good Materials – Many formats – Foreign as well as U.S.
- 62. 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 – ABA • Spectrum of web journals and newsletters both legal and interdisciplinary
- 63. 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
- 65. • Investigating the copyright status of a work – Remember the “bundle of rights” divisible – A focused search of a work's 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.
- 66. 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) • Westlaw U.S. Copyrights Database
- 67. • 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 – 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 CompuMark's private reference library and card indices – Thomson CompuMark's 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
- 68. Searching Industry Specific Licensing Organizations
- 69. 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.
- 70. Staying up to date…. Jon R. Cavicchi, Intellectual Property Research Tools and Strategies Keeping Up To Date With IP News Services And Blogs: Drowning In A Sea Of Sameness? 46 IDEA 453 (2006).
- 71. Email based newsletters • Legal Publishers • Law Firms • Government sites • NGOs • Solutions providers • Academics/law schools • Blogs
- 72. RSS Feeds • Websites of all types • Blogs • Wikis • Email – Also RSS feeds into emails
- 73. • IP News in general news • Legal Newspaper IP articles • Set up alert services in any database
- 74. Social Media RU an IP TWEEP?
- 75. IP Blogs • Most popular • Most informative • Most scholarly • Most useful • How to find them • How to evaluate them • How to use them • How to search them • How to manipulate them Now on Lexis and Westlaw Now on Lexis and Westlaw
- 76. 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
- 77. Finding IP Blogs
- 78. Don’t forget RSS to collect blogs
- 79. Podcasts
- 80. 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
- 81. Note over 200 Copyright News and Discussion Groups
- 85. Module 3: Copyright Searching This will be an overview of how to search the copyright database. It is found on the U.S. Copyright web site at http://www.copyright.gov/
- 86. This is the introductory screen for the U.S. Copyright Office web site. The URL is http://www.copyright/gov. To begin searching, select Registrations and Documents under Search Copyright Records.
- 87. To search for copyright information, you simply click on the Search the Catalog link in the box on the left side of the screen.
- 88. This brings up a very simple search menu. You can use Basic Search or you can select Other Search Options, which is a more advance searching method and allows more complicated searches and to combine keywords, names and registration numbers.
- 89. 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.
- 90. 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 check that box. Notice that this also provides the full title, the copyright number and the date. A simple click of the mouse selects the full record.
- 91. Now you can see a description of the individual item. You can see the title of the work, it is a work 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 and the 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 .
- 92. This list shows how important it is to have a first name, middle initial or middle name, date of birth and date of death, particularly when a last name is common. This list also indicates the number of titles each person has registered.
- 93. Next let’s go back to the search screen and see how to search by title of the work. Notice that I have selected Title from the Search 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. I do find it helpful to search both with and without punctuation.
- 94. And here is the same information we saw before.
- 95. 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 live links. Also notice that copyright numbers and dates are provided. Let’s try another title search.
- 96. Let’s search for the book The Vanishing Violinist. Again, notice that we don’t use “The”. Be sure you have highlighted Title in the Search by menu.
- 97. And here is the information on The Vanishing Violinist. Notice that the registration number now begins with TX for Literary Works (Hint: think Text – although this category could also include websites and computer programs). You can also see the number of pages, the publisher, the date of publication and the date of creation. If we wanted to see other work by Sara Hoskinson Frommer, we just need to click on her name.
- 98. And here is her name at the top of the list. Under the Titles column, we can see that she has 23 items registered. By clicking on [1], we can see the titles of her other works.
- 99. 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 the list. So we’ll click on [15] to and get the details for this book.
- 100. And here is the information. 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.
- 101. Author searches do not need to be just individual people. You can also search by organization, corporation and group names. Let’s search for works by Blind Melon.
- 102. And here is the list. We will check the box for Blind Melon, which appears to have 7 items registered. Notice that the copyright numbers begin with either SR for sound recording or PA for a work of performing art.
- 103. I’m going to select Live at the Palace. Notice that this is a sound recording and a collection. Notice that although Blind Melon is the author, the copyright claimant is actually Capitol Records and that they actually own the copyright . Also notice that this is a work-for-hire. Now let’s try a search by the registration number.
- 104. So we type in the registration number and select Registration Number from the menu.
- 105. There are special formats for searching by registration number. Scroll down to the bottom of the screen to see an explanation and examples.
- 106. And here we have the information on the work with that particular registration number. This looks like a compilation and commentary on poetry that is distributed regularly as a series.
- 107. Let’s try a more advanced search using the Other Search Options tab. Here I can do a combination search. In this case, I am looking for the title Color of Money – notice I have used the pull-down menu on the left to select Title. Then I am going to include Walt Disney as the Claimant. Note the I have selected AND rather than OR or NOT. These are known as Boolean operators and allow you to mix, match and exclude.
- 108. Here I have found two items – a press release and a work of performing arts (copyright number begins with PA), so I will select [2].
- 109. And here I have a great deal of information, including the cast, credits for the screenplay and photography, a description, the distributor 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 .
- 110. This has been a brief overview of how to search the copyright database. Please return to Module 3 using the Back button on your browser. Then please visit the U.S. Copyright website at http://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.