Bibliographies and Review Articles
Bibliographies and review articles provide lists and syntheses of resources for further study. The works listed here provide citations for government documents, guidelines, reference sources, and critical works.
Becker, Gary H. Copyright: A Guide to Information and Resources. Lake Mary, Fla.: G. H. Becker, 2003 (ISBN: 0-96665943-0).
Consists of a bibliography and a practical guide to copyright. The bibliography includes books and articles mainly published in the 1980s and 1990s, as well as Internet resources, lists of organizations, and libraries involved in copyright clearance. The guide section includes quick reference pages and guidelines for use of copyrighted works in all formats. Also includes information on laws and court rulings, model copyright policies, and sample forms.
Keplinger, Michael S. “Copyright and Information Technology,” in Annual Review of Information Science and Technology. Vol. 15, ed. Martha E. Williams. White Plains, N.Y.: Knowledge Industry, 1980, 3-33. (ISBN: 0-914236-65-2)
Provides a thorough discussion of copyright as it applies to technology, and an explanation of major copyright developments of the 1970s, including the Copyright Act of 1976 and CONTU. Explores issues related to copyright of software, copyright and communications and photocopying. Includes an extensive bibliography.
Rivera-Morales, Naomi A. “Fair-Use Guidelines: A Selected Bibliography.” Journal of the American Society for Information Science 50, no. 14 (Dec. 1999): 1,353-57.
Includes an introductory essay and citations for fair-use guidelines and related literature, as well as primary and secondary sources for general background on fair use.
Encyclopedia Articles
Encyclopedia articles are useful to those seeking an overview of a topic or looking to gain background knowledge before delving into more in-depth sources. The articles included in this section approach copyright and fair use from a variety of vantage points, but each of them is substantial enough to give the reader a basic understanding of the law and its applications. Most of the articles listed here have been published in the last three years and include discussion of recent legal and technological developments, including noteworthy court decisions. The older volumes included provide detailed discussions of the history of copyright law and its intersection with technology.
“Copyright,” in West’s Encyclopedia of American Law, 2nd ed. Detroit: Thomson/Gale, 2005 (ISBN: 0-7876-6367-0).
Contains information on the history of copyright law as well as an explanation of its scope and the rights accorded to copyright holders. Also touches on copyright duration, infringement, fair use, DMCA, the No Electronic Theft Act and more. Contains a reprint of the U.S. copyright form and information on major court cases.
Cummings, C., and E. G. Gunnells. “Copyright and Fair Use in Higher Education,” in Encyclopedia of Library and Information Science, 2nd ed. Miriam A. Drake, ed.. New York: Dekker, 2003 (ISBN: 0-8247-4259-1).
Gives an overview of copyright basic principles, such as what is covered, what rights are granted to the copyright holder, what the penalties are for infringement, what the exemptions cover. Contains a practical discussion of the use of the fair-use exemption in a college or university setting. Contains some discussion of new technologies and digital information.
Goldman, Abe A. “Copyright as It Affects Libraries: Legal Implications,” in Encyclopedia of Library and Information Science. Vol. 6, eds. Allen Kent and Harold Lancour. New York: Dekker, 1971, 63-75. (ISBN: 0-8247-2106-3)Covers philosophical bases of copyright, the foundations of U.S. copyright law and their implications for libraries. Contains a good explanation of fair use as the safety valve of copyright.
18 AM. JUR. 2D Fair Use Doctrine §§ 78 to 86 (2004).
Includes an in-depth discussion of the four factors contributing to a determination of fair use. As a legal source, it is more technical than the general and library science encyclopedias, but it is well worth the effort to read and understand.
Ghosh, S. “Copyright Act of 1976,” in Major Acts of Congress, ed. Brian Landsberg. New York: Macmillan Reference USA: Thomson/Gale, 2004 (ISBN: 0-02-865749-7).
Contains a good history of the intersection of copyright and technology, from the 1908 Supreme Court ruling on player piano rolls, though the advent of film, television, the photocopier, and file sharing. Also contains background information on the reasons for the Copyright Act of 1976 and its major components.
“Digital Millennium Copyright Act, ” in McCarthy’s Desk Encyclopedia of Intellectual Property, 3rd ed. J. Thomas McCarthy, Roger E. Schechter, and David J. Franklyn, eds. Washington, D.C.: Bureau of National Affairs, 2004 (ISBN: 1-570-18401-1).
Discusses the international background of DMCA and its main features, including the anticircumvention and safe harbors for Internet service-providers’ provisions. Also includes a brief section on the controversy surrounding the law.
“Fair Use,” in McCarthy’s Desk Encyclopedia of Intellectual Property, 3rd ed. J. Thomas McCarthy, Roger E. Schechter, and David J. Franklyn, eds. Washington, D.C.: Bureau of National Affairs, 2004 (ISBN: 1-570-18401-1).
Includes sections on copyright fair use and trademark fair use. The copyright section discusses the four factors and some common issues, including fair use of unpublished works, parody and fair use on the Internet. Also includes a brief legislative history.
Nasri, W. “Copyright,” in ALA World Encyclopedia of Library and Information Services, 2nd ed. Robert Wedgeworth, ed. Chicago: ALA, 1986 (ISBN: 0-8389-0427-0).
Discusses the history and philosophical underpinnings of U.S. and world copyright laws. Its coverage of technology-related copyright issues is particularly good.
Handbooks
Copyright and fair use are vital issues for those engaged in research, writing, art, and science. They can also be daunting in their scope and imprecision. Including copyrighted material in an original work often involves difficult decisions and unknown consequences. Fortunately, a number of guides have been written to help the user stay within the law while taking advantage of the full rights accorded the user of copyrighted works. The handbooks in this section are all excellent practical guides to copyright, each of which includes a substantial amount of information on fair use and the digital-information environment.
Bielefield, Arlene, and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. New York: Neal-Schuman, 1999 (ISBN: 1-555-70267-8).
Bruwelheide, Janis H., and Mary Hutchins Reed. The Copyright Primer for Librarians and Educators, 2nd ed. Chicago: ALA; Washington, D.C.: National Education Association, 1995 (ISBN:0-8389-0642-7).
Crews, Kenneth D. Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions. Chicago: ALA, 2006 (ISBN:0-8389-0906-X).
Elias, Stephen, and Richard Stim. Patent, Copyright and Trademark, 7th ed. Berkeley, Calif.: Nolo, 2004 (ISBN: 1-413-30055-3).
Fishman, Stephen, “Copyright in the Online World, Electronic Publishing, and Multimedia,” in The Copyright Handbook: How to Protect and Use Written Works. Berkeley, Calif.: Nolo, 2002 (ISBN: 0-87337-130-5).
Gasaway, Laura N., and Sarah K. Wiant. Libraries and Copyright: A Guide to Copyright Law in the 1990s. Washington, D.C.: Special Libraries Association, 1994 (ISBN: 0-87111-407-0).
Heller, James S. The Librarian’s Copyright Companion. Buffalo, N.Y.: Hein, 2004 (ISBN: 0-8377-3300-6).
Hoffmann, Gretchen McCord. Copyright in Cyberspace: Questions and Answers for Librarians. New York: Neal-Schuman, 2001 (ISBN: 1-555-70410-7).
Hoon, Peggy, ed. Guidelines for Educational Use of Copyrighted Materials. Pullman: Washington State Univ. Pr., 1997 (ISBN: 0-87422-161-7).
“Infringement and Fair Use,” in The Copyright Book: A Practical Guide, 4th ed. William S. Strong, ed. Cambridge, Mass.: MIT Pr., 1993 (ISBN: 0-262-19330-2).
Russell, Carrie. Complete Copyright: An Everyday Guide for Librarians. Chicago: ALA, 2004 (ISBN: 0-8389-3543-6).
Wherry, Timothy L. The Librarian’s Guide to Intellectual Property in the Digital Age: Copyrights, Patents, and Trademarks. Chicago: ALA, 2002 (ISBN: 0-8389-0825-X).
The handbooks section above contains practical guides to copyright law and the application of fair use. This section includes more philosophical explorations of the topic, and should be of interest to those seeking to understand the broader implications of modern copyright practices for education, intellectual freedom, and scientific and cultural innovation. The works listed here also serve as an introduction to some of the most influential voices in the field, all of whom merit further study.
National Research Council. Committee on Intellectual Property Rights and the Emerging Information Infrastructure. The Digital Dilemma: Intellectual Property in the Information Age. Washington, D.C.: National Academy Pr., 2000 (ISBN: 0-309-06499-6).
Explores the major issues in intellectual property with regards to digital information and a networked society, including public access, archiving, private use, fair use, and technological protection. The Committee “believes that fundamental change is afoot” and proposes principles for formulation of public policy from a variety of perspectives, including law, economics, psychology, and sociology.
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