Archive for 2009

"Internet Archive Dishes up BookServer as Digital Books Market Heats Up"

Posted in E-Books, Publishing on November 2nd, 2009 by Charles W. Bailey, Jr.

In "Internet Archive Dishes up BookServer as Digital Books Market Heats Up," Nancy Herther discusses the recent BookServer announcement and its implications.

Here's an excerpt:

Using an open architecture and open ebook formats, Kahle and his team intend to see that ebooks are available—for free or a fee—that will work on any device—whether a laptop, PC, smartphone, game console, or dedicated ebook reader. While it is still in development and probably years from completion, the BookServer project is intended to allow users to search book indexes across the web—whether it be on publishers' sites, libraries, bookstores, universities, or other sources—to identify content, compare vendor offerings, and easily download titles.

UK Intellectual Property Office: © The Way Ahead: A Strategy for Copyright in the Digital Age

Posted in Copyright, Digital Copyright Wars on November 2nd, 2009 by Charles W. Bailey, Jr.

The UK Intellectual Property Office has released © The Way Ahead: A Strategy for Copyright in the Digital Age.

Here's an excerpt:

Based on the findings, the Government's reported intentions are:

  • for authors of copyright works; to support fair treatment through new model contracts and clauses and fair returns for use of their work by improving education about and enforcement of rights;
  • for rights holders; to help secure a viable future by encouraging the development of new business models, modernising the licensing process and maintaining support for education about and enforcement of rights;
  • for consumers; to allow them to benefit from the digital age by seeking to legitimise noncommercial use of legitimately-purchased copyright works and improving access to 'orphan works' such as out-of-print books;
  • for educators and researchers; to support them by improving access to works, resolving issues around copyright and contract and ensuring exceptions to copyright are right for the digital age; and
  • for businesses and other users; to work towards a simpler copyright system by, improving the copyright licensing process and encouraging the development of new business models.

This means:

  • UK action to improve access to orphan works, enable extended collective licensing, encourage the development of model contracts and clauses, and tackle P2P file-sharing; and
  • A willingness on the Government's part to consider European action that provides commonsense rules for private, non-commercial use of copyright material that will give consumers much more freedom to do what they want (such as creating mash-ups) and make clear what they cannot do.

Making the Case for European Research Libraries: LIBER Strategic Plan 2009-2012

Posted in Research Libraries on November 2nd, 2009 by Charles W. Bailey, Jr.

The Ligue des Bibliothèques Européennes de Recherche (LIBER) has released Making the Case for European Research Libraries: LIBER Strategic Plan 2009-2012.

Here's an excerpt:

In 2009-2012 LIBER will give priority to the following areas:

  • Scholarly communication
  • Digitisation and resource discovery
  • Heritage collections and preservation
  • Organisation and human resources
  • LIBER Services

"Why Plaintiffs Should Have to Prove Irreparable Harm in Copyright Preliminary Injunction Cases"

Posted in Copyright on November 1st, 2009 by Charles W. Bailey, Jr.

Pamela Samuelson and Krzysztof Bebenek have self-archived "Why Plaintiffs Should Have to Prove Irreparable Harm in Copyright Preliminary Injunction Cases" in SSRN.

Here's an excerpt:

It has become lamentably common for courts to issue preliminary injunctions in copyright cases once rights holders have shown a reasonable likelihood of success on the merits without going on to require them to prove that they will suffer irreparable harm unless the injunction issues. Harm is too often presumed to be irreparable if plaintiffs have made out a prima facie case of infringement. This presumption cannot be squared with traditional principles of equity, as interpreted in numerous Supreme Court decisions, particularly eBay, Inc. v. MercExchange LLC, 547 U.S. 388 (2006).

While a presumption of irreparable harm is inappropriate in all copyright cases, it is particularly troublesome in cases involving transformative uses of existing works, such as parodies and remixes and mashups, because free expression and free speech interests of creative users are at stake and transformative uses cases often raise plausible non-infringement defenses. Indeed, if any presumption about harm is appropriate in transformative use cases, it should probably run in favor of irreparability of harm to the defendants' free expression and speech interests under First Amendment case law which treats preliminary injunctions as presumptively unconstitutional prior restraints on speech.

Digital Archivist at Stanford University

Posted in Digital Library Jobs on November 1st, 2009 by Charles W. Bailey, Jr.

The Stanford University Libraries are recruiting a Digital Archivist.

Here's an excerpt from the ad (Job ID: 36243):

Reporting to the Principal Manuscripts Processing Librarian, the Digital Archivist will help define and apply the methodology and standards of traditional archival best practice to born-digital collections. This work will be done as part of a grant project, Born Digital Collections: An Inter-Institutional Model for Stewardship (AIMS), funded by the Mellon Foundation and led by the University of Virginia.

OCLC to Offer Free OAIster-Only Database View in 2010 to Complement Integrated WorldCat Access

Posted in OAI-PMH, OCLC, Open Access on November 1st, 2009 by Charles W. Bailey, Jr.

The transfer of the OAIster database to OCLC's WorldCat is now complete, and OCLC will offer a free OAIster-only database view in 2010 to complement integrated WorldCat Access.

Here's an excerpt from the press release:

The University of Michigan and OCLC today announced that they have successfully transitioned the OAIster database to OCLC to ensure continued public access to open-archive collections, and to expand the visibility of these collections to millions of information seekers through OCLC services.

OAIster records are now fully accessible through, and will be included in search results along with records from thousands of libraries worldwide that add their holdings to WorldCat. OCLC plans to release a freely accessible, discrete view of the OAIster records in January 2010 through a URL specific to OAIster. OAIster records will also continue to be available on the OCLC FirstSearch service to Base Package subscribers, providing another valuable access point for this rich database and a complement to other FirstSearch databases. OCLC will continue to develop and enhance access to open archive content.

"Adding records for open archive collections is a natural complement to WorldCat and will drive discovery and access of these collections for a broader community of scholars," said Chip Nilges, OCLC Vice President, Business Development. "OCLC is committed to building on the success of OAIster by identifying open archive collections of interest to researchers and libraries, and ensuring that open archive collections will be freely discoverable and accessible to information seekers worldwide."

"Integration of OAIster inside is the result of many years of looking for a better home for OAIster, where its resources can be searched alongside other valuable, scholarly resources," said Kat Hagedorn, OAIster/Metadata Harvesting Librarian at the University of Michigan. "I am eagerly looking forward to its increased usefulness in the world of search and discovery."

OAIster is a union catalog of digital resources hosted at the University of Michigan since 2002. Launched with grant support from the Andrew W. Mellon Foundation, OAIster was developed to test the feasibility of building a portal to open archive collections using the Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH). OAIster has grown to become one of the world's largest aggregations of records pointing to open archive collections with more than 23 million records contributed by over 1,100 organizations worldwide.

"The University of Michigan approached OCLC about managing future operations for the OAIster project to ensure its long-term viability," said John Wilkin, Associate University Librarian, University of Michigan Library, when the partnership was announced earlier this year. "OCLC plays a pivotal role in the business of metadata creation and distribution. Situating OAIster with OCLC helps to create an increasingly comprehensive discovery resource for users."

OCLC plans to release a freely accessible, discrete view of the OAIster database in 2010 that will be updated regularly. This will allow searchers to view only items harvested through OAIster.

"OCLC has been very responsive to issues and needs brought up by the OAI community," said Ms. Hagedorn. "The creation of a free, separately accessible view of OAIster within OCLC is an example of their recognition of the value of OAIster in the world of metadata management."

Now that all OAIster records are accessible through, the Web site has been redirected to a new OAIster Web site at OCLC. For more information, visit the new OAIster Web site.

"Removing All Restrictions: Cornell's New Policy on Use of Public Domain Reproductions"

Posted in Copyright, Digitization, Public Domain on November 1st, 2009 by Charles W. Bailey, Jr.

Peter Hirtle, Cornell University Library's Senior Policy Advisor, is interviewed in "Removing All Restrictions: Cornell's New Policy on Use of Public Domain Reproductions," which has been published in the latest issue of Research Library Issues.

Here's an excerpt:

Restrictions on the use of public domain work, sometimes labeled "copyfraud," are generating increasing criticism from the scholarly community. With significant collections of public domain materials in their collections, research libraries are faced with the question of what restrictions, if any, to place on those who seek to scan or otherwise reproduce these resources with the intention of publication.

Cornell University Library has responded by adopting new permissions guidelines that open access by no longer requiring users to seek permission to publish public domain items duplicated from its collections. Users planning to scan and publish public domain material are still expected to determine that works are in the public domain where they live (since public domain determinations can vary internationally). Users must also respect noncopyright rights, such as the rights of privacy, publicity, and trademark. The Library will continue to charge service fees associated with the reproduction of analog material or the provision of versions of files different than what is freely available on the Web. The new guidelines are found at

Internet Domain Names to Contain Non-Latin Characters

Posted in Internet Regulation on November 1st, 2009 by Charles W. Bailey, Jr.

ICANN has appoved the use of non-Latin characters in Internet domain names.

Here's an excerpt from the press release:

The first Internet addresses containing non-Latin characters from start to finish will soon be online thanks to today's approval of the new Internationalized Domain Name Fast Track Process by the Internet Corporation for Assigned Names and Numbers board.

"The coming introduction of non-Latin characters represents the biggest technical change to the Internet since it was created four decades ago," said ICANN chairman Peter Dengate Thrush. "Right now Internet address endings are limited to Latin characters—A to Z. But the Fast Track Process is the first step in bringing the 100,000 characters of the languages of the world online for domain names."

ICANN's Fast Track Process launches on 16 November 2009. It will allow nations and territories to apply for Internet extensions reflecting their name—and made up of characters from their national language. If the applications meet criteria that includes government and community support and a stability evaluation, the applicants will be approved to start accepting registrations.

"This is only the first step, but it is an incredibly big one and an historic move toward the internationalization of the Internet," said Rod Beckstrom, ICANN's President and CEO. "The first countries that participate will not only be providing valuable information of the operation of IDNs in the domain name system, they are also going to help to bring the first of billions more people online – people who never use Roman characters in their daily lives."

WISPALS Library Consortium Coordinator

Posted in Library IT Jobs on October 29th, 2009 by Charles W. Bailey, Jr.

The Wisconsin Project for Automated Libraries is recruiting a WISPALS Library Consortium Coordinator.

Here's an excerpt from the ad:

The primary responsibilities of the WISPALS Library Consortium Coordinator are to coordinate the Consortium budget and operations, facilitate future growth of the Consortium including marketing Consortium services and establish services to new members, act as liaison between Consortium and automation system and electronic services vendors, and represent the Consortium to other groups and agencies.

2010 National Leadership Grant Guidelines Available

Posted in Grants on October 29th, 2009 by Charles W. Bailey, Jr.

The Institute of Museum and Library Services has made its 2010 National Leadership Grant guidelines available.

Here's an excerpt from the press release:

The Institute of Museum and Library Services (IMLS) is accepting grant applications for the agency’s 2010 National Leadership Grant (NLG) program. Applications, guidelines, and examples of successful proposals can be found on the agency's Web site. The deadline for submitting applications is February 1, 2010.

For the past 12 years, the National Leadership Grants program has been the capstone program for IMLS, providing the agency's highest level of support for innovative projects that provide important research, tools, and models for library and museum programs across the country. Museums and libraries interested in submitting NLG proposals to IMLS can apply for one of two types of grants: Projects or Collaborative Planning Grants. Each of these types applies to the four funding categories: Advancing Digital Resources, Library-Museum Collaboration, Research, and Demonstration.

DeepDyve Launches Rental Service for Scholarly Articles

Posted in Publishing, Scholarly Journals on October 29th, 2009 by Charles W. Bailey, Jr.

DeepDyve has launched a rental service for scholarly articles.

Here's an excerpt from the press release:

DeepDyve today unveiled the world 's largest online rental service for scientific, technical and medical research. From a growing database spanning thousands of journals, DeepDyve now gives consumers and professionals access to more than 30 million articles for as little as $0.99 per article.

"The web is transforming the publishing industry and creating opportunities for new users to access our content," said Martin Frank, Ph. D., executive director of the American Physiological Society. "The rental model that DeepDyve has pioneered enables us to serve these new users without compromising the products we offer to our traditional subscription customers." . . .

DeepDyve . . . offers an array of features and benefits to enrich the searching and reading experience, including:

  • Free search & preview: Researchers can be certain of an article's relevance before renting.
  • Personalized suggestions: DeepDyve will automatically display suggested articles based on a user 's profile.
  • Bookmarks: Favorite articles are saved and displayed on a user 's MyDeepDyve home page for easy access.
  • Email and RSS alerts: Users can receive regular updates of new articles and search results delivered directly to their email inbox or RSS reader.
  • More Like This: DeepDyve offers links to related content with every search result and article page. . . .

DeepDyve is currently offering a risk-free, 14-day trial that allows users unlimited access to thousands of authoritative journals at no cost. Users enjoy continuous access to any article until their Free Trial expires, after which they may join one of three plans:

  • Basic Rental Plan: For just $0.99 per article, users of this “pay-as-you-go” plan can rent and read a premium article from one of the many prestigious journals available through DeepDyve. Articles can be read multiple times for up to 24 hours.
  • Silver Monthly Plan: For $9.99 per month, users can rent and read up to 20 premium articles per month. Each article can be read multiple times for up to seven days.
  • Gold Monthly Plan: For $19.99 per month, users can rent and read an unlimited number of articles for an unlimited amount of time. There is no expiration date.

"A Defense of the Public Domain: A Scholarly Essay"

Posted in Copyright, Public Domain on October 29th, 2009 by Charles W. Bailey, Jr.

Laura N. Gasaway, Associate Dean for Academic Affairs and Professor of Law at the University of North Carolina School of Law, has self-archived "A Defense of the Public Domain: A Scholarly Essay" in SelectedWorks.

Here's the abstract:

Much has been written for librarians about copyright law. Despite the importance of the public domain, it has attracted much less scholarly attention than has copyright law generally, and yet a healthy and robust public domain is crucial to our society. It provides the building blocks for authors, composers, artists and movie makers who can borrow from public domain works without seeking permission of copyright owners. Unfortunately, the public domain is under attack from expanding the term of copyright, to making it more difficult for works to enter the public domain to the restoration of some foreign copyrights that had entered the public domain in the United States. Some librarians have asked whether vigorous application of fair use could not substitute for the shrinking public domain. It cannot. Fair use is a defense to copyright infringement and is very fact determinate. A court's finding of fair use applies only to the two parties to the litigation while the public domain is available to everyone from individual users of works, to artists and authors and to publishers and producers. It is crucial that the public domain be energetically defended. Today, it is not clear whether an author can even place his or her work in the public domain since copyright attaches automatically. A statutory method must be developed so that authors who wish to do so can easily place their works in the public domain.

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