Copyright and the Copyright Clearance Center
Information Today, Vol. 20, No. 4, p. 17, April 2003
3 Pages Posted: 25 Jun 2010
Date Written: April 2003
Abstract
The January 2003 Eldred v. Ashcroft decision by the United States Supreme Court which upheld the Copyright Term Extension Act, also highlighted the problem that many copyright users have in seeking permission for legitimate use of copyrighted materials. Writing in the dissent, Justice Stephen Breyer cited several instances where the man-hours required to locate copyright holders lead to the abandonment of preservation, documentary and archival projects. The law grants copyright holders the control over the right to copy, distribute, display or create derivatives of their creative works. In order for a subsequent user to engage in any of these acts requires permission and potential payment of royalties, or an exemption from copyright such as fair use. Locating the rightsholder to obtain permission is therefore critical. In enacting the 1976 Copyright Act, Congress shared this concern and recommended that an efficient mechanism be established to facilitate permissions, licensing and payment of royalties. In 1977, the Copyright Clearance Center (CCC), www.copyright.com, was established to meet that need.
Keywords: copyright law, Copyright Clearance Center, CCC, fair use, First Amendment, litigation insurance, lawsuits, infringement, permissions, services, market effects
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