Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. 2nd edition

Abstract

Copyright is an issue that has remained on the leading edge of information because of the amount currently available. The Internet, distance education, and continuing emergence of new technologies are only a few examples of influences causing librarians and educators to be wary about copyright matters. Copyright is further complicated by legal verbiage that perplexes many. So where does a practicing librarian, educator, or promising researcher look for copyright information? The second edition of Bielefield and Cheeseman's Technology and Copyright Law is a good start. This new edition is well worth reading, whether one is new to copyright or broadening one's knowledge of the topic. Bielefield is an attorney with a master of library science degree, and coauthor Cheeseman is a practicing law librarian. Both authors have a strong background in copyright issues and intellectual property. They have drawn on their mutual experience and knowledge to prepare a text that is both readable and practical, no small feat considering the complexity of the topic. The second edition incorporates valuable changes. The preface provides an informative overview of the book's content. Each chapter opens with a note explaining what information has been added following the first edition. Questions are presented that can be answered by the chapter's end. Unique to this edition are real world questions and scenarios at the end of each chapter reinforcing the practical application of this text. The “Notes” section concluding each chapter supports the credibility of the information presented. The book is divided into four parts, each building on the previous section. Part I presents “Copyright Law: Past, Present, and Future.” The history of copyright legislation in the United States is thoroughly addressed and succinctly illustrated by including tables highlighting the “chronology of events.” The future of copyright discussion focuses on intellectual property rights and fair use. Part II, “Copyright in Libraries and Classrooms,” is filled with many practical examples and discussions that apply to the educational arena. The chapters on fair use will especially benefit educators who must decide if they are using materials fairly. Court cases establishing the defense of fair use in a court of law are presented throughout the chapter. The fair use checklist offers a series of questions enabling the reader to weigh the factors of fair use. New to this edition is the chapter on the blind and physically disabled. With more people with special needs using libraries and pursuing higher education degrees, addressing their needs is vitally important. The chapter, “Limitations on Exclusive Rights: Reproduction for the Blind or Other People with Disabilities,” includes recent amendments related to this issue. Librarians who are involved in license agreements and contracts will find the chapter, “Contracts and Copyright: Paths that Cross,” helpful. The authors state their purpose in this chapter “is to clarify a number of aspects of contractual agreements whether they are called contracts, licenses, agreements, or something else” (p. 147). Bielefield and Cheeseman more than accomplish this purpose with a solid presentation of the basic facts and links to quality Websites for more information. Their checklist of questions to ask when reviewing a contract will be very useful to the librarian without readily accessible legal counsel. The authors strive to explain the complexity of copyright law in relation to distance education in part III. Those trying to understand the difference between section 107 (fair use) and the TEACH Act, legislated November 2, 2002, will find this new chapter worth reading. The approach of presenting sections of the law followed by the authors' interpretation leads to a better understanding of the uncertainty of using copyrighted materials in distance education. “Twelve Common Misconceptions about Copyright” conclude this section and serve to explain the difference between copyright and plagiarism in relation to commonly occurring misconceptions. Part IV provides a variety of material, including a glossary of copyright terms and phrases. The authors encourage readers to “think of this dictionary as a road map toward gaining understanding” (p. x). This reviewer believes the entire text provides a road map for better understanding of the complexities surrounding copyright. Many librarians and educators shy away from reading about this topic simply because of the ambiguity and intricacy of the topic. Bielefield and Cheeseman have provided a practical guidebook on the complexities of copyright and licensing in their second edition. It is a valuable contribution to the professional literature and worth adding to a library collection.