Archive for the 'Copyright' Category

Intellectual Property: Law & the Information Society—Cases and Materials

Posted in Copyright on August 29th, 2014

Duke's Center for the Study of the Public Domain has released Intellectual Property: Law & the Information Society—Cases and Materials. Also available in paperback.

Here's an excerpt from the press release:

This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks-from logos to novels to drug formulae-and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property-trademark, copyright and patent-but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.

Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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    "Terms of Service on Social Media Sites"

    Posted in Copyright, Social Media/Web 2.0 on August 28th, 2014

    Corinne Hui Yun Tan has self-archived "Terms of Service on Social Media Sites".

    Here's an excerpt:

    This article considers the provisions within the terms of service ('TOS') of the social media behemoths of today—Facebook, YouTube, Twitter and the Wikimedia Foundation. In particular, it examines the main provisions that purport to regulate, from a copyright perspective, generative activities on social media sites. This empirical work is undertaken so that the article can shed light on the relationship between the contractual and copyright regimes. To do so, the article identifies the instances where the contractual regime is to some extent aligned with the copyright regime, and further, where there are potential incompatibilities between the two regimes.

    Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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      "The Rise, Fall, and Rise of ACTA?"

      Posted in Copyright, Digital Copyright Wars on August 26th, 2014

      Peter (Jay) Smith has published "The Rise, Fall, and Rise of ACTA?" in Digital Studies.

      Here's an excerpt:

      In July 2012 the European Parliament defeated the Anti-Counterfeiting Trade Agreement (ACTA). Supposedly the attempt to impose global norms on intellectual property rights and thereby restrict digital copyright was dead. Or was it? This paper argues that the spirit of ACTA may live on in a host of other trade agreements currently being negotiated. That is, ACTA, or even more restrictive versions of it, could be imposed through the back door at least upon weaker states through bilateral agreements with the United States and the European Union. The result could be a spaghetti bowl of rules on digital copyright with some countries enjoying more digital rights, online freedom, and privacy than others.

      Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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        "STM’s New Publishing Licenses Raise Antitrust Concerns Amid Wider Efforts to Pollute Open Access Standards"

        Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on August 25th, 2014

        Ariel Katz has published "STM's New Publishing Licenses Raise Antitrust Concerns Amid Wider Efforts to Pollute Open Access Standards" in LSE Impact of Social Sciences.

        Here's an excerpt:

        For antitrust purposes, when a group of publishers adopts a set of uniform licenses, or when it recommends that its members adopt them, they tread in the area of antitrust law's core concern: "price fixing". In antitrust lingo the term price fixing is not limited to coordinating on price, but applies to any coordination that affects the quantity, quality, or any other feature of the product. Indeed, "[t]erms of use are no less a part of 'the product,'"[1] and competition between publishers is supposed to ensure optimal license terms just as it is expected to guarantee competitive prices. Therefore, when a group of publishers coordinates license terms, their concerted action is not conceptually different for antitrust purposes from a decision to coordinate subscription fees (downstream) or submission fees (upstream), and when the group represents the leading publishers and affects the majority of publications, antitrust concerns are further heightened.

        Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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          "How Streaming Media Could Threaten the Mission of Libraries"

          Posted in Copyright, Libraries, Licenses, Research Libraries on August 25th, 2014

          Steve Kolowich has published "How Streaming Media Could Threaten the Mission of Libraries" in Wired Campus.

          Here's an excerpt:

          Welcome to content licensing, a great source of anxiety for librarians in the digital era. In previous decades, the university librarians might have bought a CD of the Dudamel album for $25 and kept it in circulation it for as long as the disc remained viable. Here they were asked to pay the publisher 10 times that amount (plus a licensing fee that would probably exceed the processing fee) for access to a quarter of the album for two years.

          Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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            Digital Legal Deposit, An IPA Special Report

            Posted in Copyright, Legislation and Government Regulation, Publishing on August 21st, 2014

            The International Publishers Association has released Digital Legal Deposit, An IPA Special Report.

            Here's an excerpt from the press release:

            A new IPA report reveals how policies and processes are being developed and implemented which allow digital content, whether in the form of e-books, journals, blogs or website content, to be collected and archived. It contains in-depth analysis of schemes in Germany, the Netherlands, the UK, France and Italy, as well as details from Japan, China, Brazil, the United States, Australia and Canada.

            Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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              Judiciary Committee Hearing on Moral Rights, Termination Rights, Resale Royalty, and Copyright Term

              Posted in Copyright, Legislation and Government Regulation on July 17th, 2014

              The U.S. House Judiciary Committee is holding a hearing on moral rights, termination rights, resale royalty, and copyright term.

              Here's an excerpt from "Congress Takes On Copyright Term, Moral Rights, and More":

              How is this going to work? It's hard to say. Probably not very well. The hearing structure allows a handful of witnesses to give very brief explanations of their views, but the question-and-answer format hasn't always been very productive. In the past, we've seen lawmakers in the committee raise pet issues instead of focusing on the topics on the agenda—take for example last month's hearing on the first sale doctrine, which included numerous questions about the unrelated issue of "piracy."

              Moreover, in the absence of real public feedback during these hearings, the committee has sought to represent the public interest by inviting testimony from "both" sides of an imagined dichotomy. Hearings include witnesses from, say, a big company and a small company, a telecom and a publisher, or a copyright licensor and a licensee. This sometimes provides a good impression of balance, but on a panel addressing four separate issues, the odds seem long. It is also often the case that these "sides" don't include anyone who represents the public interest.

              But let's not pass judgment before the hearing even takes place. For those who are watching the hearing, here is a primer on the four issues up for discussion:

              Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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                "EFF Urges Appeals Court to Keep Protecting Fair Use"

                Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on July 15th, 2014

                EFF has released "EFF Urges Appeals Court to Keep Protecting Fair Use."

                Here's an excerpt:

                In this latest appeal, the Authors Guild (and its supporters) claim that fair use is being unjustly expanded, portraying Judge Chin's ruling and other recent court opinions as some kind of fair-use creep, stretching beyond the original intent of the doctrine. Specifically, the Guild argues that the first of the four statutory fair use factors—the purpose of the use, which asks whether the use of the copyrighted material is transformative and/or non-commercial—weighs against Google. The Authors Guild and its amici insist that a use cannot be transformative if it doesn't add new creative expression to the pre-existing work. But as Judge Chin so rightly recognized, a use can be transformative if serves a new and distinct purpose.

                Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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