Archive for the 'Copyright' Category

"Blockchain Technology as a Regulatory Technology: From Code Is Law to Law Is Code"

Posted in Copyright, Emerging Technologies on December 7th, 2016

Primavera De Filippi and Samer Hassan have published "Blockchain Technology as a Regulatory Technology: From Code Is Law to Law Is Code" in First Monday.

Here's an excerpt:

To illustrate the extent to which blockchain code can assume the function of law, let us take the example of a hypothetical blockchain-based DRM system. Copyright law introduces "artificial scarcity" in the realm of information, by prohibiting (or constraining) the reproduction of creative works without the consent of the corresponding right holders. Yet, given the ease with which one can produce an identical copy of a digital work, copyright infringement has become widespread in the digital world. Since many years already, content providers have been relying on technological means (such as DRM systems, or other technological measures of protection) to restrain the way in which content can be accessed, used or reused by introducing a new set of technical rules, as a complement to the legal provisions of copyright law. Yet, most of these systems are limited by the fact that it is impossible to distinguish one digital file from another. By leveraging on the transparency and immutability of blockchain technologies, it is possible to restore the unicity and transferability of digital works, by linking every digital copy to a particular token on the blockchain. Authors can then associate these tokens with a particular set of rights to their digital works and trade them in the same way as they would trade digital tokens. Blockchain technology can thus be used to implement "artificial scarcity" at the level of each individual file—thus potentially allowing for the reintroduction of the first sale doctrine [11] in the digital realm, without the need to rely on any contractual or legal means.

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Finding the Public Domain: The Copyright Review Management System

Posted in Copyright, Public Domain on October 28th, 2016

Ithaka S+R has released Finding the Public Domain: The Copyright Review Management System .

Here's an excerpt from the announcement:

The project team documented these lessons in a book called Finding the Public Domain: Copyright Review Management System Toolkit. The Toolkit shares practical insights gained in this effort in the hope of supporting others interested in copyright review. This brief complements the practical toolkit. It explains the history of CRMS and introduces the basics of the CRMS procedure. It then discusses some of the lessons, successes, surprises, and challenges of the work.

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"What Kind of World Is STM Living In?

Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Research Libraries, Scholarly Journals on September 20th, 2016

The League of European Research Universities has released What Kind of World Is STM Living In.

Here's an excerpt:

4 September saw the International Association of STM publishers (STM) issue a response to the EC's proposed Directive on Copyright in the Digital Single Market, which flies in the face of LERU's views contained in its own Press Release. Amongst other things, STM is calling for the extension of ancillary copyright to cover academic publishing, implying that they will take legal action if this does not happen. . . . Ancillary copyright in this case would extend copyright protection, not allowing academics and universities freely to link to/use the world of information on the Internet, placing publishers in control of the information environment. LERU rejects this as counter to academic freedom and to the EC's vison for Open Science.

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"State of the Union 2016: Commission Proposes Modern EU Copyright Rules for European Culture to Flourish and Circulate"

Posted in Copyright, Digital Copyright Wars on September 15th, 2016

The European Commission has released "State of the Union 2016: Commission Proposes Modern EU Copyright Rules for European Culture to Flourish and Circulate."

Here's an excerpt:

"I want journalists, publishers and authors to be paid fairly for their work, whether it is made in studios or living rooms, whether it is disseminated offline or online, whether it is published via a copying machine or commercially hyperlinked on the web."—President Juncker, State of the Union 2016

Read more about it at: "EU Announces Absolutely Ridiculous Copyright Proposal That Will Chill Innovation, Harm Creativity"; "EU Digital Copyright Reform Proposals Slammed as Regressive"; and "EU Copyright Plans a Big Win for Old Media, But Public Concerns Ignored."

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"Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use"

Posted in Copyright, Digitization, Mass Digitizaton, Research Libraries on September 13th, 2016

Michelle M. Wu has published "Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use" in the Journal of Copyright in Education and Librarianship.

Here's an excerpt:

Academic libraries face numerous stressors as they seek to meet the needs of their users through technological advances while adhering to copyright laws. This paper seeks to explore one specific proposal to balance these interests, the impact of recent decisions on its viability, and the copyright challenges that remain after these decisions

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"More than a House of Cards: Developing a Firm Foundation for Streaming Media and Consumer-Licensed Content in the Library"

Posted in Copyright, Research Libraries on September 13th, 2016

William Cross has published "More than a House of Cards: Developing a Firm Foundation for Streaming Media and Consumer-Licensed Content in the Library" in the Journal of Copyright in Education and Librarianship..

Here's an excerpt:

This article will introduce traditional library practice for licensing multimedia content and discuss the way that consumer-licensing and streaming services disrupt that practice. Sections II and III describe the statutory copyright regime designed by Congress to facilitate the socially-valuable work done by libraries and the impact of the move from ownership to licensed content. Collecting multimedia materials has always presented special legal challenges for libraries, particularly as licensed content has replaced the traditional practice of purchasing and circulation based on the first sale doctrine. These issues have grown even more complex as streaming services like Netflix and Amazon and video game downloads through services like Steam have come to dominate the landscape. Section IV will describe the way that consumer-licensed materials, which not only remove the ownership that undergirds library practice, but also the ability to negotiate for library use, imperil the congressionally-designed balance. Section V will present a path forward for libraries to develop robust, cutting-edge collections that reflect a sophisticated understanding of the contractual and copyright issues at play.

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"Public Knowledge Launches Report on Systemic Bias at the U.S. Copyright Office"

Posted in Copyright, Reports and White Papers on September 9th, 2016

Public Knowledge has released Public Knowledge Launches Report on Systemic Bias at the U.S. Copyright Office.

Here's an excerpt:

Today we're releasing our newest report, "Captured: Systemic Bias at the U.S. Copyright Office." This report examines the role of industry capture and the revolving door between the major entertainment industries and the Copyright Office, and the implications that capture has had on the policies the Office embraces. In the report, we investigate how the Copyright Office:

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"Library of Congress Might Become a Piracy Hub, RIAA Warns"

Posted in Copyright, Digital Copyright Wars on August 30th, 2016

Ernesto Van der Sar has published "Library of Congress Might Become a Piracy Hub, RIAA Warns" in TorrentFreak.

Here's an excerpt:

The U.S. Copyright Office is considering expanding the mandatory deposit requirement for publishers, so that record labels would also have to submit their online-only music to the Library of Congress. The Library would then allow the public to access the music. The RIAA, however, warns that this plan introduces some serious piracy concerns.

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"Publishers Appeal GSU Copyright Case"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries, Scholarly Journals on August 30th, 2016

Andrew Albanese has published "Publishers Appeal GSU Copyright Case" in Publishers Weekly.

Here's an excerpt:

Following their second district court loss in eight years of litigation, the publisher plaintiffs in Cambridge University Press vs. Patton (known commonly as the GSU e-reserves case) have again appealed the case.

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"European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers"

Posted in Copyright, Digital Copyright Wars on August 29th, 2016

The EFF has released "European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers" by Jeremy Malcolm.

Here's an excerpt:

A just-leaked draft impact assessment on the modernization of European copyright rules could spell the end for many online services in Europe as we know them. The document's recommendations foreshadow new a EU Directive on copyright to be introduced later this year, that will ultimately bind each of the European Union's 28 member states. If these recommendations by the European Commission are put in place, Europe's Internet will never be the same, and these impacts are likely to reverberate around the world. . . .

The Commission's proposal is to award publishers a new copyright-like veto power, layered on top of the copyright that already exists in the published content, allowing them to prevent the online reuse of news content even when a copyright exception applies. This veto power may last for as little as one year, or as many as 50—the Commission leaves this open for now.

This kind of veto power has been described as a link tax—notwithstanding the Commission's protestations that it isn't one-because when the publisher controls even the use of small snippets of news text surrounding a hyperlink to the original article, it essentially amounts to a tax on that link. The result, as seen in Spain, will be the closure of online news portals, and a reduction in traffic to news publishers.

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"Write up! A Study of Copyright Information on Library-Published Journals"

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Research Libraries, Scholarly Journals on July 20th, 2016

Melanie Schlosser has published "Write up! A Study of Copyright Information on Library-Published Journals" in the Journal of Librarianship and Scholarly Communication.

Here's an excerpt:

INTRODUCTION Libraries have a mission to educate users about copyright, and library publishing staff are often involved in that work. This article investigates a concrete point of intersection between the two areas—copyright statements on library-published journals. METHODS Journals published by members of the Library Publishing Coalition were examined for open access status, type and placement of copyright information, copyright ownership, and open licensing. RESULTS Journals in the sample were overwhelmingly (93%) open access. 80% presented copyright information of some kind, but only 30% of those included it at both the journal and the article level. Open licensing was present in 38% of the journals, and the most common ownership scenario was the author retaining copyright while granting a nonexclusive license to the journal or publisher. 9% of the sample journals included two or more conflicting rights statements. DISCUSSION 76% of the journals did not consistently provide accurate, easily-accessible rights information, and numerous problems were found with the use of open licensing, including conflicting licenses, incomplete licenses, and licenses not appearing at the article level. CONCLUSION Recommendations include presenting full copyright and licensing information at both the journal and the article level, careful use of open licenses, and publicly-available author agreements. External Data or Supplements:

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"The Economics of Book Digitization and the Google Books Litigation"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on June 14th, 2016

Hannibal Travis has self-archived "The Economics of Book Digitization and the Google Books Litigation."

Here's an excerpt from the announcement:

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and controversies surrounding fair use arguments in the digital environment. It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use.

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