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News & Notes
Newsletter of the CIP
Spring 2007
Fred von Lohmann on the Future of ©
A Podcast Interview

The staff of the CIP spends a great deal of time thinking about both the current state of copyright as well as what the future may hold. With all the copyright issues currently swirling about society, we think a lot of other people may be contemplating these questions also. Hence, the theme of the upcoming CIP Annual Symposium is Copyright Utopia: Alternative Visions, Methods and Policies.

Fred von LohmannWith that topic in mind, CIP Executive Director Kimberly Bonner spoke recently with one of the keynote speakers for this year's symposium: Fred von Lohmann, Senior Intellectual Property Attorney at the Electronic Freedom Foundation.

Mr. von Lohmann has represented many clients in litigation against major record labels, movie studios, television/cable networks, and music publishers. In addition to litigation, he is involved in EFF's efforts to educate policy-makers regarding the provision of balance between intellectual property protection and the public interest in fair use, free expression, and innovation. Before joining EFF, von Lohmann was a visiting researcher with the Berkeley Center for Law and Technology, where his research focused on the impact of peer-to- peer (P2P) technologies on the future of copyright. Prior to his research fellowship, von Lohmann was an attorney with the firm of Morrison & Foerster LLP, concentrating on transactions and counseling involving the Internet and intellectual property. Fred has also served as a law clerk to Chief Judge Thelton Henderson, of the US District Court for Northern California, and Judge Betty B. Fletcher, of the US Ninth Circuit Court of Appeals. He received both his undergraduate and law degrees from Stanford University. He serves as an adviser to the American Law Institute's (ALI) Principles of the Law of Software Contracts project. He also serves on the advisory boards of Public Knowledge and the Future of Music Coalition. [Learn more about Mr. von Lohmann.]

In his conversation with Kimberly Bonner, Mr. von Lohmann tells how he became involved in copyright and intellectual property law, mentions some of the cases currently being watched by EFF, reflects on the theme of copyright utopia as it relates to "creative destruction", and comments on the role of higher education in the copyright conversation. He also highlights an exciting new venture that will likely be announced in May called the ePedia of Life, an idea put forth by Harvard's E.O. Wilson.

Copyright Matrix Thinker Listen to the Podcast Conversation...

[Subscribe to the CIP podcast feed]

...and don't forget to register to attend the symposium to hear more from Fred von Lohmann and additional speakers of interest.

©ollectanea Blog
Collected Perspectives on Copyright

In early February, the CIP rolled out its new blog: ©ollectanea. In literary terms, a collectanea [kol-ek-tey- nee-uh] is a collection of writings. We have adapted this idea in order to bring together and present some of the thoughts, reflections, and musings of the Center for Intellectual Property's Scholar, Georgia Harper, and her guest bloggers on current copyright issues.

During the month of March, Peg O'Donnell, Associate General Counsel for Policy and Compliance, Catholic University of America, has been Georgia's co-blogger. In April, readers can look forward to ongoing posts from Georgia as well as from guest Steven McDonald, General Counsel, Rhode Island School of Design. Join the discussion.

Recent postings have included:

Visit and get the ©ollectanea feed here...

Collectanea logo

7th Annual Symposium
May 21-23, 2007; Adelphi, MD


Will your copyright future be Orwellian,
living within the copyright Matrix,
or be a Brave New World?
What would copyright utopia look like?

Do you envision an island paradise surrounded by oceans of free content lapping at your feet? An alpine retreat from which you can survey the wonders of a wide, wireless wilderness? A walled garden where content is safe and secure and accessible to those who abide by its laws? A metropolis along the information interstate, bustling with energy and drive, buzzing and hopping and popping with sound and video around the clock? Is every piece of data or content freely and fully available--no restrictions, no fees, and no questions asked? Or is everything under lock and key with access granted only to a paying membership? Or do you wish to live somewhere in between?

Join the CIP as we convene this conversation with noted scholars and practitioners to discuss the current state of copyright nationally and internationally.

Keynote & Distinguished Guest Speakers

  • Fred von Lohmann, Senior Intellectual Property Attorney, Electronic Frontier Foundation -- U.S. Copyright Law: A Broken System Needing Repair?
  • William Fisher, Director, Berkman Center for Internet & Society, Harvard University Law School -- Utopian Visions of Copyright: Tweak, Transform or Opt-out?
  • William Kirwan, Chancellor, University System of Maryland; Co-Chair, Joint Committee of the Higher Education and Entertainment Communities Technology Task Force
Full List of Confirmed Speakers

General Sessions
  • Responses to Keynote Addresses
  • Closed is Not Necessarily the Other Side of Open: Open Access Initiatives
  • International Approaches
  • Tweaking Copyright: Legislative Alternatives
  • Licensing & the Commons as Copyright Alternatives
  • Transforming Copyright: Technological Alternatives

Pre-Conference Seminars
  • Copyright 101, with Ken Crews
  • E-Reserves Policy & Implementation, with Donna Ferullo





This program sponsored, in part,
by the generous support of:
















Comments Submitted to Section 108 Study Group
by Kimberly B. Kelley
Kimberly Kelley

The Section 108 Study Group is a select committee of copyright experts, convened by the Library of Congress, and charged with updating for the digital world the Copyright Act's balance between the rights of creators and copyright owners and the needs of libraries and archives. The group will submit by mid- 2007 to the Librarian of Congress its findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance in a manner that best serves the national interest. The Study Group convened a public roundtable discussion this past January regarding issues relating to the exceptions and limitations applicable to libraries and archives under the Copyright Act. At that time, the Study Group also began soliciting written comments from all interested parties on issues relating primarily to making and distributing copies pursuant to requests by individual users, as well as to provision of user access to unlicensed digital works. By the time the this comment period closed on March 9, the Study Group had received nearly three dozen comments from representatives of universities, libraries, museums, and policy organizations, as well as the publishing, entertainment, and software industries.

As an information professional at one of the largest providers of digital distance education in the world with more than 88,000 students in 98 bachelor’s and master’s degree programs and certificates online, I believe I should respond as a credible stakeholder in the issues that are on the table. It was my privilege to submit comments to the Study Group, and I trust that these comments will be instructive not only to the Section 108 Study Group but also to you and to many others in the higher education community. Thank you.

Regards,

Kimberly B. Kelley
Vice Provost and Dean, Academic Resources and Services, UMUC

Read Dr. Kelley's comments...
The FAIR USE Act
Up on the Hill with Ken Salomon
US_Capitol_drawing

With this issue of News & Notes, the CIP is pleased to announce that Attorney Kenneth Salomon will be the CIP's "Capitol Hill Correspondent" and a regular contributor for Up On the Hill.

Ken Salomon
Mr. Salomon is a Member with Dow Lohnes, PLLC, and is head of the firm's Government Relations Practice Group. He works with clients in the areas of government relations and public policy, as well as on issues involving commercial and public broadcasting and distributed learning. Mr. Salomon's decades of practice have focused on such areas as communications, government relations and legislation, intellectual property, mass media, and post-secondary education. We invite you to become further informed of activity on Capitol Hill through the eyes and ears of Mr. Salomon.

On February 27, 2007, Representatives Boucher (D- VA), Doolittle (R-CA) and Lofgren (D-CA) introduced the Freedom And Innovation Revitalizing U.S. Entrepreneurship ("FAIR USE") Act of 2007, HR 1201. The FAIR USE Act proposes adding several exceptions to the Digital Millennium Copyright Act ("DMCA") intended to protect the fair use rights of consumers. This bill has importance to educators' ability to use copyrighted digital works.

The FAIR USE Act would add six additional exemptions, the most significant ones for educators being (i) extending the exemption for educational compilations to any classroom and instructor, (ii) accessing "a work of substantial public interest" to criticize, comment or conduct research on it, and (iii) preserving or securing copies in a library or archive, or to replace damaged, stolen or missing copies.

Read the Full Article...
© Utopia...Imagine That!
The Official Contest
UtopiaContestLogo3

In conjunction with its Annual Symposium on Intellectual Property, the CIP is holding a national contest for artists in all media and formats. This contest is open to students and professionals alike...and to anyone at all with a creative bent.

Join artists and musicians from around the country as they re-imagine and create a future for copyrighted media. How do you want your creative work to be used? What future do you envision in the use of creative works by scholars and community artists?

Acceptable formats for entries may include but are not limited to:

  • music OR sculptures
  • poetry OR essays
  • paintings OR photo montages
  • film: music videos, narrative films, home movies, uncredited performance footage (spoken word, comedy), etc.
An Entry Form is available for download in two formats --
PDF or MS Word

More information on prizes, as well as the official contest details, guidelines, and rules may be found on our website HERE.


Center for Intellectual Property
Exploring Copyright, Promoting Integrity, Imagining Digital Futures...in Education
email: cip@umuc.edu
phone: 240-582-2803

University of Maryland University College | Center for Intellectual Property - PG 3 | 3501 University Boulevard East | Adelphi | MD | 20783
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