NATIONAL CONFERENCE ON COPYRIGHT OF STATE LEGAL MATERIALS - DECEMBER 2, 2016 BOSTON UNIVERSITY SCHOOL OF LAW - American ...
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NATIONAL CONFERENCE
ON COPYRIGHT
OF STATE LEGAL MATERIALS
DECEMBER 2, 2016
BOSTON UNIVERSITY SCHOOL OF LAWSPEAKERS
Steven P. Anderson
Director, Maryland State Law Library
Steve Anderson is the Director of the Maryland State Law Library, a
position he has held since 2005. Prior to that, he served as Director of
Research Services for the Baltimore law firm of Gordon Feinblatt Rothman
Hoffberger & Hollander, LLC. From 1995 to 1998, he was an associate
librarian at the Baltimore County Circuit Court Library. He holds a BA from
the University of California, Berkeley, a JD from the University of Maryland
School of Law, and an MA in library science from the University of Arizona.
He has been active in professional activities throughout his career and
served as President of the American Association of Law Libraries (AALL) from 2013-2014. He is
a member of the Conference of Maryland Court Law Library Directors and was a member of the
Maryland Access to Justice Commission until December 2014.
Christopher T. Bavitz
WilmerHale Clinical Professor of Law and Managing Director, Cyberlaw
Clinic at the Berkman Klein Center for Internet and Society, Harvard Law
School
Twitter: @cbavitz
https://hls.harvard.edu/faculty/directory/10055/Bavitz
Christopher T. Bavitz has concentrated his law practice and clinical
activities on intellectual property and media law, with an emphasis on
music, entertainment, and technology. He oversees many of the Cyberlaw
Clinic’s projects relating to copyright, trademark, online speech, and
advising of mission-oriented startups and entrepreneurs about their legal,
business, and strategic needs. He also works on issues relating to the use
of technology to promote access to justice.
Chris served as Senior Director of Legal Affairs for EMI Music North
America. From 1998-2002, Chris was a litigation associate at Sonnenschein Nath & Rosenthal
and RubinBaum LLP (previously, Rubin Baum Levin Constant & Friedman), where he focused
on copyright and trademark matters. Chris received his BA, cum laude, from Tufts University in
1995 and his JD from University of Michigan Law School in 1998.
Daniel B. Cordova
Supreme Court Law Librarian, Colorado Supreme Court Library
Dan Cordova is a dual-degree lawyer-librarian, currently serving as the
Colorado Supreme Court Librarian. Established in 1861, the Colorado
Supreme Court Library is the oldest law library in the State; it is also the
only state-supported government law library in Colorado. Dan not only
manages legal research and reference services for the Bench, the Bar and
the general public, but also negotiates print and electronic databases that
serve the state judiciary, legislature, attorney general’s office, and office of
administrative courts.He was Chair of Colorado’s Legislative Digital Policy Advisory Committee supporting
implementation of the Uniform Electronic Legal Material Act (UELMA), and he is the interim
Executive Director of the Colorado Supreme Court’s Equal Access Center.
Kyle K. Courtney
Program Manager and Copyright Advisor, Harvard Library Office of Scholarly
Communication
Twitter: @KyleKCourtney
kylecourtney.com
Kyle K. Courtney, a lawyer and librarian, is the Copyright Advisor for
Harvard University Library working in the Office for Scholarly
Communication. There he works to establish a culture of shared
understanding of copyright law within the Harvard community. Kyle’s
“Copyright First Responders” initiative was profiled in Library Journal in
2013, and he was named a National Library Mover & Shaker in 2015. Kyle
co-founded Fair Use Week in 2014, and is a published author and nationally
recognized speaker on the topic of copyright, open access, libraries, and the law.
Kim Dulin
Associate Director for Collection Development and Digital Initiatives and Director of the
Harvard Library Innovation Laboratory, Harvard Law School
Twitter: @kdulin
Kim Dulin is the Director of the Harvard Library Innovation Lab. The Harvard
Library Innovation Lab develops innovative tools for the web designed to
share the knowledge, expertise, and benefits that libraries have traditionally
provided and imagines what libraries can and should be in the future.
Kim is also the Associate Director for Collection Development and Digital
Initiatives at the Harvard Law Library. In addition to her experience as an
academic law librarian, Kim has served as practicing attorney and an
adjunct professor of law. Kim has a JD from the University of Iowa College of Law, an MS from
the University of Illinois Graduate School of Library and Information Science, and a BA from the
University of Iowa.
Emily Feltren
Director of Government Relations, American Association of Law Libraries
www.aallnet.org/tm/contact/govrelations.html
Emily Feltren is AALL’s director of government relations. She represents the
Association to members of Congress and their staff, the Administration, and
other government officials on AALL’s policy priorities, including access to
justice, access to government information, balance in copyright, open
government, and privacy. She also coordinates grassroots member
advocacy efforts at the federal and state levels and serves as staff liaison to
AALL’s policy committees.Wendy J. Gordon
William Fairfield Warren Distinguished Professor, Boston University School
of Law
www.bu.edu/law/profile/wendy-j-gordon/
Wendy J. Gordon has taught at Boston University since 1993. Her
scholarship utilizes economics as well as ethics and analytic philosophy to
understand copyright, trademark, and related forms of intellectual property.
She is probably best known for her analyses of copyright’s “fair use” doctrine
and of John Locke’s theory of property.
Professor Gordon’s current scholarly project builds on her hypothesis that
copyright infringement can be usefully understood as a mirror-image of the
law of accidental injury. Professor Gordon has co-authored two books on the economics of
copyright, published numerous law journal articles, and written book chapters on copyright
issues, free speech, computer copyright, and the fair use doctrine. The U.S. Supreme Court has
three times cited her scholarship. She has twice served as the Chair of the Association of
American Law Schools Section on Intellectual Property.
Sarah Jeong
Contributing Editor, Motherboard
Twitter: @sarahjeong
sarahjeong.net
Sarah Jeong is a journalist who was trained as a lawyer. She is a
contributing editor at Vice Motherboard who writes about technology, policy,
and law. She is the author of The Internet of Garbage, and has bylines at the
Atlantic, the Verge, Forbes, the Guardian, Slate, WIRED, Vice Magazine,
and Bitch Magazine. She graduated from Harvard Law School in 2014. As a
law student, she edited the Harvard Journal of Law & Gender, and worked at
the Electronic Frontier Foundation and at the Berkman Center for Internet &
Society. She is a Poynter Fellow in Journalism at Yale for 2016, and also currently a fellow at
the Internet Law & Policy Foundry.
Kris Kasianovitz
Government Information Librarian, State, Local and International Documents,
Stanford University Libraries
Twitter: @govinfogal
www.linkedin.com/in/kriskasianovitz
Kris Kasianovitz is the Government Information Librarian for State, Local
and International Documents at Stanford's Green Library. Since receiving
her MSLIS from the University of Illinois Urbana-Champaign’s Graduate
School of Library and Information Science in 2000, she has been wrangling
government information in academic libraries. She is also involved in web
archiving of state and local government information, notably the CA.gov
and Bay Area Governments Web Archive as well as several digitization
projects of state level materials. Additionally, she is a founding member of Free State
Government Information, a group advocating for public domain designation for state and local
government information, http://stategov.freegovinfo.info/.Seamus Kraft
Executive Director, Co-Founder and President of the Board, The OpenGov
Foundation
Twitter: @seamuskraft
www.opengovfoundation.org/about/the-team/seamus-kraft/
Seamus Kraft founded The OpenGov Foundation in 2013 to bridge the gap
between citizens and governments through cutting-edge civic software. His
advocacy efforts are focused on open access and transparency in local
governments, particularly providing citizens with easy access to local
legislation. He is a 2014-2016 Shuttleworth Foundation Fellow and a 2015-
2016 Technology and Democracy Fellow. In 2016, the American Library
Association honored Seamus with their James Madison award and in 2012 TechCrunch named
him among its list of the 20 Most Innovative People. Prior to starting the foundation, Seamus
served as Digital Director and Press Secretary for The U.S. House Oversight Committee where
he built a successful digital presence for the Committee.
Corynne McSherry
Legal Director, Electronic Frontier Foundation
Twitter: @cmcsherr
www.eff.org/about/staff/corynne-mcsherry
Corynne McSherry is the Legal Director at EFF, specializing in intellectual
property, open access, and free speech issues. Her favorite cases involve
defending online fair use, political expression, and the public domain against
the assault of copyright maximalists. As a litigator, she has represented
Professor Lawrence Lessig, Public.Resource.Org, the Yes Men, and a
dancing baby, among others, and one of her first cases at EFF was In re
Sony BMG CD Technologies Litigation (aka the "rootkit" case). In previous
years, she has been named one of California's Top Entertainment Lawyers and to AmLaw's
“Litigator of the Week” for her work on Lenz v. Universal. Her policy work includes leading EFF’s
effort to fix copyright, promote net neutrality, and promote best practices for online expression.
In 2014, she testified before Congress about problems with the Digital Millennium Copyright Act.
Maureen A. O’Rourke
Dean and Professor of Law, Boston University School of Law
www.bu.edu/law/profile/maureen-a-orourke/
Dean O’Rourke joined the faculty of the School of Law in 1993 after working
at IBM Corporation, where she handled a variety of issues surrounding
software licensing. Her academic interests lie at the intersection of intellectual
property law and other fields, such as contract and antitrust law, particularly in
the context of software and high technology. She is a co-author of one of the
leading copyright casebooks in the United States, Copyright in a Global
Information Economy. She was the associate reporter on the American Law
Institute’s Principles of Software Contracting project. Prior to becoming dean, she taught
courses in commercial law and intellectual property law. In May 2000, she became the School’s
sixth recipient of the Metcalf Award, the University’s highest teaching honor. She served as
acting dean for two years prior to accepting the post of Dean of the School of Law in 2006.Roger V. Skalbeck
Associate Professor of Law and Associate Dean for Library and Information
Services, University of Richmond School of Law
Twitter: @weblawlib
In 2015, Roger V. Skalbeck came to Richmond Law from Georgetown
University Law Center, where he was an associate librarian. Roger is the co-
author of Top 10 Law School Homepages, published from 2009-2012, and is a
frequent presenter on legal technology at national conferences. His
scholarship interests include intellectual property issues in libraries and legal
research. He is a member of the CALI Board of Directors, former president of
the Law Librarians’ Society of Washington, DC, and former chair of the AALL’s
Copyright Committee.
Jessica M. Silbey
Professor of Law, Northeastern University School of Law
Twitter: @JSilbey
www.northeastern.edu/law/faculty/directory/silbey.html
Professor Jessica Silbey is a leading scholar and nationally recognized expert
on intellectual property. Silbey’s most recent book, The Eureka Myth:
Creators, Innovators and Everyday Intellectual Property, challenges the
traditional notion of intellectual property as merely creating financial incentives
necessary to spur innovation.
Silbey earned her undergraduate degree with honors from Stanford University
and her JD cum laude from the University of Michigan, where she also earned a PhD in
comparative literature. She served as law clerk to Judge Robert E. Keeton of the U.S. District
Court for the District of Massachusetts and Judge Levin H. Campbell of the U.S. Court of
Appeals for the First Circuit. She also spent three years in private law practice, focusing on
intellectual property and reproductive rights.
Ed Walters
CEO & Co-founder of Fastcase, Inc.
Twitter: @EJWalters
www.linkedin.com/in/walters
Ed Walters is the CEO and co-founder of Fastcase, an online legal research
software company that came on the scene in 2010. Under Walters’
leadership, Fastcase has expanded to markets throughout the United States
and serves more than 800,000 subscribers from around the world. Fastcase is
often offered to attorneys as a benefit of state bar membership. Before
founding Fastcase, Walters worked at Covington & Burling, in Washington,
DC and Brussels, where he advised Microsoft, Merck, SmithKline, the
Business Software Alliance, the National Football League, and the National Hockey League. His
practice focused on corporate advisory work for software companies and sports leagues, and
intellectual property litigation.Ronald E. Wheeler, Jr.
Director of Fineman & Pappas Law Libraries and Associate Professor of Law
and Legal Research, Boston University School of Law
Twitter: @wheeler_ron
www.bu.edu/law/profile/ronald-e-wheeler/
Ronald Wheeler is the presiding President of AALL and the Director of the
Fineman & Pappas Law Libraries at Boston University School of Law. His
areas of interest include diversity and inclusion, library management, and
legal research. He has held varied library management roles from the west
coast to the east coast. Beyond his well-respected scholarship in the area of
legal research techniques, he also teaches legal research in the traditional
classroom setting along with online and in study abroad programs. He is a member the Editorial
Board of the Legal Information Review and the first African American male President of AALL.
CONFERENCE PLANNING COMMITTEE
Roger V. Skalbeck, Chair, University of Richmond School of Law Library
Steven P. Anderson, Maryland State Law Library
Kyle K. Courtney, Harvard University
Meg Kribble, Harvard Law School Library
Kelly Leong, UCLA Law Library
David S. Mao, Library of CongressORGANIZATIONS
American Association of Law Libraries
Twitter: @aallnet
www.aallnet.org
At the American Association of Law Libraries (AALL), we believe that people need timely access
to relevant legal information to make sound legal arguments and wise legal decisions. Our
members are legal information experts—problem solvers of the highest order. Every day we
connect members with one another and passionately champion the value of their roles because,
when we do, it makes our whole legal system stronger.
AALL has a commitment to serving its members through its government relations program. We
work with AALL members and AALL chapters to advocate on federal and state issues that affect
law libraries and their librarians, including digital authentication and preservation of online legal
resources, funding for government law libraries, privacy, and access to justice. AALL hosts the
State Online Legal Information website (bit.ly/AALLlegal), which provides information about the
official status, authentication, preservation, permanent public access, and copyright of online
primary legal materials in all 50 states and the District of Columbia. AALL also advocates for the
adoption of UELMA, which ensures that online state legal material deemed official will be
preserved and will be permanently available to the public in unaltered form. As of November
2016, UELMA has been adopted in 13 states.
Electronic Frontier Foundation
Twitter: @EFF
www.eff.org
The Electronic Frontier Foundation is the leading
nonprofit organization defending civil liberties in the
digital world. Founded in 1990, EFF champions user
privacy, free expression, and innovation through
impact litigation, policy analysis, grassroots activism,
and technology development. We work to ensure that
rights and freedoms are enhanced and protected as
our use of technology grows.
Today, EFF uses the unique expertise of leading technologists, activists, and attorneys in our
efforts to defend free speech online, fight illegal surveillance, advocate for users and innovators,
and support freedom-enhancing technologies.
Together, we forged a vast network of concerned members and partner organizations spanning
the globe. EFF advises policymakers and educates the press and the public through
comprehensive analysis, educational guides, activist workshops, and more. EFF empowers
hundreds of thousands of individuals through our Action Center and has become a leading
voice in online rights debates.Free Law Project
Twitter: @FreeLawProject
https://free.law
Free Law Project is a federally-recognized 501(c)(3) public charity and a California non-profit
public benefit corporation whose specific purposes are primarily: to provide free, public, and
permanent access to primary legal materials on the Internet for educational, charitable, and
scientific purposes to the benefit of the general public and the public interest; to develop,
implement, and provide public access to technologies useful for legal research; to create an
open ecosystem for legal research and materials; to support academic research on related
technologies, corpora, and legal systems; and to carry on other charitable activities associated
with these purposes, including, but not limited to, publications, meetings, conferences, trainings,
educational seminars, and the issuance of grants and other financial support to educational
institutions, foundations, and other organizations exclusively for educational, charitable, and
scientific purposes as allowed by law. In 2013, Free Law Project joined the Free Access to Law
Movement.
Legal Information Institute
Twitter: @LIICornell
www.law.cornell.edu
We are a not-for-profit group that believes everyone should be able to
read and understand the laws that govern them, without cost. We carry
out this vision by: publishing law online, for free; creating materials that
help people understand law; exploring new technologies that make it
easier for people to find the law. We are a small research, engineering,
and editorial group housed at the Cornell Law School in Ithaca, NY.
Our collaborators include publishers, legal scholars, computer
scientists, government agencies, and other groups and individuals that
promote open access to law, worldwide.
National Conference of State Legislatures
Twitter: NCSLorg
www.ncsl.org
In 1974, three organizations represented the interests of legislators and staff,
but their influence was diluted. So seven inventive legislative leaders and two
staffers got together and envisioned a single national organization to support,
defend and strengthen state legislatures. After a survey of lawmakers and
staff from around the country confirmed their idea was a good one, the three
organizations dissolved, and on Jan. 1, 1975, the National Conference of
State Legislatures was born.
NCSL is committed to the success of all legislators and staff. Their mission is to improve the
quality and effectiveness of state legislatures; promote policy innovation and communication
among state legislatures; and ensure state legislatures a strong, cohesive voice in the federal
system.OpenGov Foundation
Twitter: @foundopengov
https://opengovfoundation.org
The OpenGov Foundation is a non-partisan, non-profit organization that is
working to build a 21st-century democracy by bridging the gap between
citizens and government.. The organization conducts research, develops free
and open source software, and helps governments put civic data such as
laws and legislation online. It was co-founded by Congressman Darrell Issa
and Seamus Kraft in 2012, and it is funded primarily by the Shuttleworth
Foundation and the Knight Foundation. The organization is based in
Washington, DC.
The OpenGov Foundation grew out of the 2011-2012 protests against SOPA and PIPA. It
received a $200,000 grant from the Knight Foundation in 2013, an additional $750,000 from
Knight in 2014, and over $700,000 from the Shuttleworth Foundation since 2014.
Sunlight Foundation
Twitter: @sunfoundation
http://sunlightfoundation.com
The Sunlight Foundation is an American
nonpartisan, nonprofit organization that advocates
for open government. The organization was
founded in April 2006 with the goal of increasing
transparency and accountability in the United
States Congress, the executive branch, and in
state and local governments. The foundation's primary focus is the role of money in politics. The
organization seeks to increase campaign finance regulations and disclosure requirements.PROJECTS America Decoded Twitter: @FoundOpenGov The State Decoded project was started as an open source platform meant to improve the display and accessibility of legal codes, court decisions, and information from legislative tracking services to make it all more understandable. It was originally created by Waldo Jaquith for the Commonwealth of Virginia. The OpenGov Foundation, through their America Decoded project, subsequently launched a version for the state of Maryland in May 2013 and followed with Baltimore, MD, launched with the Baltimore Mayor's Office in July 2013. It has since launched in a total of eight city and state governments across the country, including San Francisco, Chicago, Florida, and Washington, DC. Caselaw Access Project Library Innovation Lab, Harvard Law School Twitter: @harvardlil http://lil.law.harvard.edu/projects/caselaw-access-project The Caselaw Access Project is making all U.S. case law freely accessible online. Our common law - the written decisions issued by our state and federal courts - is not freely accessible online. This lack of access harms justice and equality and stifles innovation in legal services. The Harvard Law School Library has one of the world’s largest, most comprehensive collections of court decisions in print form. Our collection totals over 42,000 volumes and roughly 40 million pages. Caselaw Access Project aims to transform the official print versions of these court decisions into digital files made freely accessible online. To realize this ambitious vision, we're teaming up with Ravel Law, an innovative legal research and analytics company. Ravel is funding the costs of digitization and will be making all of the resulting cases publicly available for free search and API access. CourtListener Free Law Project Twitter: @courtlistener https://www.courtlistener.com/ Started in 2010, CourtListener is a core project of the Free Law Project, a federally-recognized 501(c)(3) public charity and a California non-profit public benefit corporation. Free Law Project seeks to provide free access to primary legal materials, develop legal research tools, and support academic research on legal corpora. CourtListener embodies all of these efforts, as the primary free repository of all the court opinions we have collected, as the platform on which we deploy legal research tools, and as the source of bulk downloads that enable academic researchers to study our collection. We collect legal opinions from court websites and from data donations, and are aiming to have the best, most complete data on the open Web within the next couple years. We are slowly expanding to provide search and awareness tools for as many state courts as possible, and we already have tools for all of the Federal Appeals Courts.
Finding the Public Domain: Copyright Review Management System Toolkit University of Michigan Library: Michigan Publishing http://quod.lib.umich.edu/cgi/t/text/idx/c/crmstoolkit?page=home How can I tell if something is in the public domain? This is the central question addressed daily by the Copyright Review Management System (CRMS) project. It is a special question and one essential to the social bargain that society has struck with authors and rights holders. It is also a deceptively simple question. There should be a straightforward answer, especially for books. It should be easy to know when something is—or is not—subject to copyright. And yet, in an age of absolute fluidity of media and medium, even plain old books can be highly complex embodiments of copyright. We need to make it easier to ascertain whether a work is in the public domain. If the rights of copyright holders are to be respected and valued as part of the social bargain, the public domain as a matter of copyright law should be ascertainable and enjoyed. Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. The Toolkit is a resource that aims to allow others to understand and replicate the work done by CRMS. The Free Law Founders OpenGov Foundation http://freelawfounders.org The Free Law Founders (FLF) is a nationwide partnership of local elected officials, non-profit software developers, educators, and city attorneys dedicated to upgrading how citizens can access America’s laws, legislation, and the lawmaking process itself on the Internet. The Founders have accepted the challenge of creating the modern tools, data standards and processes our state and local governments need to meet the growing challenges of democracy in the Internet Age. Our goal is to modernize how democracy works in the United States from the ground up. To get there, we’re creating open source tools and data formats government workers need to get their jobs done efficiently, effectively and accountably. And we’re building digital democracy platforms so citizens can finally access legislative information online in user-friendly, interactive formats that make sense. And we’re making all of our work available on the Internet for any community to reuse at no cost. Free State Government Information http://stategov.freegovinfo.info Even if states do not actively place a copyright mark on their publications, 17 U.S. Code Section 102(a) automatically places them under copyright. Additionally, states do have the ability to actively copyright their publications. Unfortunately, most state laws are ambiguous and often unknown, even by agencies within their state. Free State Governemnt Informartion (FSGI) is seeking to clarify these policies and ensure the widest possible access and use of state government information. Our members include librarians and information professionals; creators of government information; researchers, educators, students; and government policymakers.
We work through awareness Campaigns, development of model legislation, and by providing support and assistance. State Copyright Resource Center Harvard Office for Scholarly Communication http://copyright.lib.harvard.edu/states/ Presented in a map view, this is an assessment of the current copyright status of government documents for all states and the District of Columbia. States are color-coded based on a variety of factors. Red indicates that documents are presumptively copyrightable, green indicates that documents are presumptively public domain, and colors in-between indicate a tendency to one or the other where the governing law is not clear. Each entry includes details, as available, on copyright status, openness score, binding legal citations, advisory sources, examples and citations to public records laws. This review of state copyright law is a project of Katherine Zimmerman, Copyright Fellow at Harvard Library's Office for Scholarly Communication State Online Legal Information American Association of Law Libraries bit.ly/AALLlegal AALL and chapter volunteers researched primary legal materials in their states to determine if online legal materials are trustworthy and preserved for permanent public access. This website brings together information from AALL's National Inventory of Legal Materials and AALL’s state- by-state reports on authentication of online legal resources. The site provides information about the official status, authentication, preservation, permanent public access, and copyright of online primary legal materials in all 50 states and DC. The site is maintained by AALL’s Digital Access to Legal Information Committee. Virginia Legislative Information Service Web Developer Tools http://law.lis.virginia.gov/developers The Virginia Law website data is available as a web service, providing developers tools to incorporate official content into other platforms or services. If you are a developer interested in providing different data layouts of the Virginia Law Portal, the list of RESTful web services documents what is available. For self contained e-Books or downloadable CSV files, see The Virginia Law Library. This is a good example of a way states can begin to provide programmatic access to their law as a service. With tools like this, people could build applications that incorporate the latest and most definitive version of the referenced legal authority, regardless of when the application was last updated.
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