THOUGHT QUESTIONS
APRIL 17, 2006

QUESTIONS TO CONSIDER

1.     Did you ever believe that Napster was not infringing?

2.    Why was the recording industry so slow to introduce online
music?

3.    Are open archives, open source the solution to many of the
copyright issues we have been addressing?

4.    Are there alternatives to copyright that hold promise?
 

APRIL 10, 2006

QUESTIONS TO CONSIDER

1.    Why are librarians so unhappy with the DMCA's anti-
circumvention provision?

2.   How useful is the library exception to the anti-circumvention
provision?

3.    Is it a good idea for libraries to seek permission before
including a deep link on a website?

4.    How seriously does UNC take its responsibility as an
online service provider under the DMCA?
 

APRIL 3, 2006

QUESTIONS TO CONSIDER

1.    Why is face-to-face teaching treated differently from distance
education in the Copyright Act?

2.    What impediments to distance education do you see that
the TEACH Act (section 110(2) of the Act) does not address?

3.    How can a library provide electronic materials to students
enrolled in distance education courses if the TEACH Act does
not so permit?
 

MARCH 29, 2005

QUESTIONS TO CONSIDER

1.    What is the impact of the ILL Guidelines?  Do libraries actually
follow them?

2.    How do license agreements affect ILL?

3.    What is the difference between document delivery and ILL?

4.    Does digital copying make any difference for either document
delivery or ILL?
 

March 20, 2006

QUESTIONS TO CONSIDER

1.    Why is there a separate section of the Copyright Act dealing with
libraries?

2.    Are all library activities covered under section 108?

3.    Why has section 108(h) been so little used?

4.    Is it logical to restrict the digital copies made for preservation to use
only within the premises of the library?

5.    What about works that are born digital?   Does section 108(c) mean
that replacement copies of CDs cannot be circulated?
 

March 6, 2006

QUESTIONS TO CONSIDER

1.    What is the difference between coursepacks and materials reproduced
for the classroom under guidelines?

2.    What is the difference between coursepacks and materials reproduced
for library reserves?

3.    What is the difference between a coursepack and faculty making
copyrighted matrials available on Blackboard?

4.    What other examples can you identify besides that in Marcus v. Rowley
of educational use of copyrighted works that would not qualify as fair use?

5.    Why did the U.S. Supreme Court refuse to hear the MDS appeal?
 

FEBRUARY 27, 2006

QUESTIONS TO CONSIDER

1.    Since Jack Valenti, who predicted in 1984 that the VCR would be the death
of the motion picture industry, was obviously wrong, what impact does the
Sony Betamax decision have on new reproduction technologies today?

2.    To what extent does fair use apply to unpublished works?

3.    Can fair uses by particular users be eliminated by the license agreement
under which the work is acquired?

4.    Is fair use still viable for the digital environment?
 

FEBRUARY 20, 2006

QUESTIONS TO CONSIDER

1.    Why would a copyright holder sek either a preliminary or temporary injunction?

2.    Why did Matthew Bender sue for a declatory judgment since it had not been
sued?

3.    How reliable is the ordinary observer test?   How important is it in the digital
environment?

4.    Which type of damages would you choose to recover and why?
 

FEBRUARY 13, 2006

QUESTIONS TO CONSIDER

1.    Why are the rights of copyright holders referred to as the "exclusive rights"?

2.    What is the importance of the Eldred decision?

3.    Is another expansion of the term of copyright term likely?

4.    Why did the United States enact VARA?
 

FEBRUARY 6, 2006

QUESTIONS TO CONSIDER

1.    Does copyright protection for softare make sense?

2.    Is the length of the term of copyright logical?  Logical as it applies to
all types of works?

3.    Why is the public domain so important?

4.    What is the real impact of Tasini?

5.    Is registration a good idea even though it is no longer mandatory to
perfect the copyright?
 

JANUARY 30, 2006

QUESTIONS TO CONSIDER

1.    How much creativity is required in order for a work to qualify for copyright?

2.    Is originality a statutory or a constitutional requirement?

3.    What is the purpose of the fixation requirement?

4.    Suppose that someone develops a totally new type of work.   How does it
       fit into one of the 8 categories of protectible works?
 

JANUARY 23, 2005

QUESTIONS TO CONSIDER

1.    Why are varios types of legal authority treated so differently?

2.    How are copyright and technology intertwined?

3.    How has technology affected copyright?

4.    How has copyright affected technology?