Copyright and it’s component Fair Use, are two of the stickiest and (at least for me!) most headache-inducing areas of law. There are so many shades of gray and changes that it can be difficult to follow whether the use of an image or video is allowed or not and under what circumstances something can be used.
Hopefully the US Copyright’s office new Fair Use Index will help make the issue a little bit clearer. Users can search cases that deal exclusively with Fair Use and quickly see how the decision has been rendered (if Fair Use was found or not). You can narrow your search by jurisdiction and, importantly, by format (text, audio, computer, etc).
You can check out the Fair Use Indexes searching capabilities here on their website and read the US Copyright Office’s press release here.
Remember that the use of the index does not constitute legal advice, but does give users a better idea of the recent developments in Fair Use. Thanks to the UW Law Library’s Government Documents librarian, Margaret Booth for alerting us to this new resource!
From the FDLP News:
The U.S. Government Publishing Office (GPO) marks its 154th anniversary of opening for business today. Since March 4, 1861, GPO has seen many changes as the agency continually adapted to changing technologies. In the ink-on-paper era, this meant moving from hand-set to machine typesetting, from slower to high-speed presses, and from hand to automated bookbinding. While these changes were significant for their time, they pale by comparison with the transformation that accompanied GPO’s adoption of electronic information technologies, which began over 50 years ago with a plan to develop a new system of computer-based typesetting. By the early 1980s this system had completely supplanted machine-based hot metal typesetting. By the early 1990s, the databases generated by GPO’s typesetting system were uploaded to the Internet via the agency’s first Web site, GPO Access, vastly expanding the agency’s information dissemination capabilities. Those functions continue today with GPO’s Federal Digital System on a more complex and comprehensive scale, which last year registered its one billionth document download.
As a result of these sweeping technology changes, GPO is now fundamentally different from what it was as recently as a generation ago. It is smaller, leaner, and equipped with digital production capabilities that are the bedrock of the information systems relied upon daily by Congress, Federal agencies, and the public to ensure open and transparent Government in the digital era. As GPO Director Davita Vance-Cooks has pointed out, GPO is not just for printing anymore. Late last year, Congress and the President recognized GPO’s technology transformation by changing the agency’s name to the Government Publishing Office.
GPO’s new name provides an opportunity to introduce a new, modern logo representative of the 21st century. Based on the Lubalin Graph typeface, the G forms an arrow pointing forward, showing the direction the agency is moving. The arrow points to the P, which stands for publishing and conveys the significance of the communication services GPO provides today. The new logo will be phased in throughout the agency.
See the new logo here.
“GPO is on the move as a publishing operation. With publishing as our new middle name, GPO is offering a broad range of products and services to Federal agencies, ranging from conventional print to digital apps, eBooks, and bulk data downloads,” said GPO Director Davita Vance-Cooks. “In our mission to Keep America Informed, we will continue to adapt to the new technologies that the Government and the public have come to expect from us.”
There is a new Community Immigration Law Center (CILC) in Madison. Although the Center does not represent clients, it does offer the following services:
- Brief consultations on basic legal immigration issues provided twice a month for three hours on a first come, first serve basis.
- Case assessment and legal advice provided by our volunteer immigration lawyers.
- Assistance with immigration forms and fillings.
The Center is open to the public the 2nd and 4th Friday of each month.
Hours: 2:00 p.m. to 5:00 p.m.
First come, first served. No appointments needed.
Community Immigration Law Center
C/O Christ Presbyterian Church
944 East Gorham Street
Madison, WI 53703
Tel: (608) 257-4845
Fax: (608) 257-4490
WKOW reports that Dane County is installing software to redact the social security numbers from county records. They are the only county in the state to do so. Register of Deeds, Kristi Chlebowski indicated that all social security numbers should be redacted by the fall.
For now, however, it seems that anyone can access mortgage documents and other bank records containing SSNs via the Dane Co. Register of Deeds web for a small fee of $5.95. Watch the WKOW report for details.
Source: The Wheeler Report
The Appleton Post-Crescent reports that “most people requesting records from Gov. Jim Doyle’s office last year did not have to wait long to get them.”
In their “fifth annual review of public records requests found that about two-thirds of people seeking records got them within two weeks….
The P-C could discern a response time for 65 requests. Of these requests, 43 received requests within two weeks, and 59 requestors, more than 90 percent, received request within about a month.”
Did you know that Wisconsin was the first state to pass an open records law? See Wisconsin Statutes Chapter 10, Section 137 from 1849.
Thanks to Greg Lambert for passing on this CNet article about open-law activist, Carl Malamud.
He’s devoted his life to liberating laws, regulations, court cases, and the other myriad detritus that governments produce daily, but often lock up in proprietary databases or allow for-profit companies to sell for princely sums….
Malamud’s solution typically has been to create a proof-of-concept Web site, with the hopes of embarrassing government entities into building that infrastructure themselves. In the 1990s, his activism was responsible for persuading the Securities and Exchange Commission and the Patent and Trademark Office to make their data available for free on the Internet. Now, on his public.resource.org Web site, he’s resumed posting hundreds of thousands of pages of government documents–all of which are, or at least should be, in the public domain….
“I believe access to knowledge is a human right,” Malamud said. “When I see people putting barriers around useful information, I find that offensive.”
Malamud even created a lego animation to make his point.
Some of Malamud’s recent acquisitions include the CFR and state safety and building codes.
“A federal judge issued a preliminary injunction yesterday ordering Vice President Cheney and the National Archives to preserve all of his official records.” Read more at the Washington Post.
“Countless federal records are being lost to posterity because federal employees, grappling with a staggering growth in electronic records, do not regularly preserve the documents they create on government computers, send by e-mail and post on the Web,” writes Robert Pear of the New York Times.
This confusion is causing alarm among historians, archivists, librarians, Congressional investigators and watchdog groups that want to trace the decision-making process and hold federal officials accountable. With the imminent change in administrations, the concern about lost records has become more acute.
“We expect to see the wholesale disappearance of materials on federal agency Web sites,” said Mary Alice Baish, the Washington representative of the American Association of Law Libraries, whose members are heavy users of government records. “When new officials take office, they have new programs and policies, and they want to make a fresh start.”
AALL’s Washington Blawg has more on the potential disappearance of these government records and the “short-sighted and disappointing decision of the National Archives and Records Administration (NARA) not to harvest agency Web sites at the end of this administration.”
From Bev Butula’s Wisconsin Law Journal blog:
Looking for documents from a defunct government agency? You might dig it up at the CyberCemetery. This website is a collaboration of the University of North Texas and the GPO. The site is described as “an archive of government websites that have ceased operation (usually websites of defunct government agencies and commissions that have issued a final report).”
The latest issue of the Wisconsin Law Review features a thought-provoking examination of state public records law in the digital age.
“Wisconsin’s Public-Records Law: Preserving the Presumption of Complete Public Access in the Age of Electronic Records,” by Leanne Holcomb and James Isaac, 2008 Wisconsin Law Review 515 (2008).
[The article does not yet appear to be accessible on LexisNexis or Westlaw, but it is available in print here at the Law Library]
The authors write:
[Under Wisconsin’s public-records law,] the public is permitted access to the actions of government officials in order to act as an effective check on government power and give force to the democratic system. This policy translates into the legal right of inspection by any person of any public record, . . . Over the last three decades, however, statutes have not kept pace with technological advancements that have dramatically transformed public records, threatening the presumption of complete public access.
The authors explore how the emergence of electronic documents as the preeminent record of government activity has clouded the application of existing public-records law, records-retention practice and the disclosure of public records.
Faced with this problem, the Wisconsin Department of Justice (DOJ) has decided to wait until technology is better understood before requesting that the legislature update the statutes. [citing a 2004 webcast] While it waits, the absence of adequate public-records statutes allows electronic storage to easily conceal records from the public view and, even worse, to destroy them through obsolescence.
Email, logs, and metadata are specifically considered – what kind of information is available and whether they should be considered a part of the public record (authors argue yes)
The article wraps up with recommendations on how to update Wisconsin’s public records statutes to adequately address retention and access to these electronic records.
Source: Legal Research Plus