Archive for the 'Copyright' Category

"Authors Alliance & Creative Commons Launch New Termination of Transfer Tool"

Posted in Copyright, Publishing on October 13th, 2017

The Authors Alliance has released "Authors Alliance & Creative Commons Launch New Termination of Transfer Tool."

Here's an excerpt:

Termination of transfer allows creators (or, in some cases, their family members) to regain copyrights to creative works they may have signed away decades ago. Our tool helps them understand if those termination rights exist, and if not, when they may exist in the future. With rights back in hand, authors have many options for getting their works in front of new audiences, from sharing their works with the public using a Creative Commons license to negotiating new agreements with publishers.

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Lots of Institutional Repositories Keep E-prints Safe

Posted in Copyright, Digital Copyright Wars, Digital Repositories, Disciplinary Archives, Institutional Repositories, Open Access, Open Science, Publishing, Research Libraries, Scholarly Journals, Self-Archiving on October 12th, 2017

The seductive allure of a commercial mega repository is two-fold: (1) everything is conveniently in one place, and (2) a company is taking care of the dreary and expensive business of running it.

Everything seems fine: problem solved! That is until something goes wrong, such as the repository being bought and controlled by a publisher or being threatened by lawsuits by a coterie of publishers.

Then it's important to remember: it's a company, and companies exist to make a profit.

Heh, companies are great. I wouldn't have just had that tasty cup of coffee without them. But, we should be very clear about what motivates companies and controls their behavior. And we shouldn't be shocked if they do things that aren't motivated by lofty goals.

I know: institutional repositories are hard work. The bloom is off the rose. But they exist to serve higher education, not make money, and they part of the academic communities they serve. And they can't be bought. And their universities don't often go out of business. And there are a lot of them. And they are not likely to be attractive targets for lawsuits unless something has gone very, very wrong at the local level.

Copyright is complicated. No one is advocating that we ignore it and just shove e-prints into IR's willy-nilly. Getting faculty to understand the ins and outs of e-print copyright is no picnic, nor is monitoring for compliance. But the battle is easier to fight at the local level where one-on-one faculty to librarian communication is possible.

For self-archiving to flourish in the long run, institutional repositories must flourish. By and large, librarians establish, run, and support them, and they are the quiet heroes of green open access who will continue to provide a sustainable and reliable infrastructure for self-archiving.

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"Books from 1923 to 1941 Now Liberated!"

Posted in Copyright, Open Access, Public Domain, Publishing on October 11th, 2017

The Internet Archive has released "Books from 1923 to 1941 Now Liberated!."

Here's an excerpt:

The Internet Archive is now leveraging a little known, and perhaps never used, provision of US copyright law, Section 108h, which allows libraries to scan and make available materials published 1923 to 1941 if they are not being actively sold. Elizabeth Townsend Gard, a copyright scholar at Tulane University calls this "Library Public Domain." She and her students helped bring the first scanned books of this era available online in a collection named for the author of the bill making this necessary: The Sonny Bono Memorial Collection. Thousands more books will be added in the near future as we automate.

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"ResearchGate Backs Down"

Posted in Copyright, Digital Copyright Wars, Open Access, Open Science, Publishing, Scholarly Journals, Self-Archiving on October 11th, 2017

Lindsay McKenzie has published "ResearchGate Backs Down" in Inside Higher Ed.

ResearchGate is removing "large numbers" of e-prints to comply with publisher demands.

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Coalition for Responsible Sharing’s Statement: "Publishers and Societies Take Action against ResearchGate’s Copyright Infringements"

Posted in Copyright, Digital Copyright Wars, Digital Repositories, E-Prints, Open Access, Open Science, Publishing, Scholarly Journals, Self-Archiving on October 6th, 2017

The Coalition for Responsible Sharing has released "Publishers and Societies Take Action against ResearchGate’s Copyright Infringements."

Here's an excerpt:

Numerous attempts to agree with ResearchGate on amicable solutions, including signing up to the Voluntary Principles of Article Sharing on Scholarly Collaboration Networks and implementing a user-friendly technical solution, remained unsuccessful. Members of the Coalition for Responsible Sharing are therefore now resorting to formal means to alter ResearchGate's damaging practices. The coalition members include the American Chemical Society, Brill, Elsevier, Wiley and Wolters Kluwer. These organizations will begin to issue takedown notices to ResearchGate requesting that infringing content be removed from the site. Concurrently, The American Chemical Society and Elsevier are asking the courts to clarify ResearchGate's copyright responsibility.

See also: "ResearchGate: Publishers Take Formal Steps to Force Copyright Compliance."

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"Publishers Taking Legal Action against ResearchGate to Limit Unlicensed Paper Sharing on Networking Site"

Posted in Copyright, Digital Copyright Wars, Digital Repositories, Open Access, Open Science, Publishing, Scholarly Journals, Self-Archiving on October 5th, 2017

Jyllian Kemsley and Andrea Widener have published "Publishers Taking Legal Action against ResearchGate to Limit Unlicensed Paper Sharing on Networking Site" in Chemical & Engineering News.

Publishers could issue "millions" of take-down notices to ResearchGate.

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"Will Ruling in ReDigi Case Open the Door to a Used E-book Market?"

Posted in Copyright, Digital Copyright Wars, Publishing on August 24th, 2017

Andrew Albanese has published "Will Ruling in ReDigi Case Open the Door to a Used E-book Market?" in Publishers Weekly.

Here's an excerpt:

Should there be a legal market for reselling "used" digital files, like the secondary market that currently exists for books or CDs in the analog world?

Read more about Capitol Records, LLC v. ReDigi Inc.

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Lessons From History: The Copyright Office Belongs in the Library of Congress

Posted in Copyright, Digital Copyright Wars, Reports and White Papers, Research Libraries on August 11th, 2017

ALA has released Lessons From History: The Copyright Office Belongs in the Library of Congress.

Here's an excerpt from the announcement:

Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, [Alisa] Holahan's analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time.

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"For Second Time, Appeals Court Hears GSU E-Reserves Case"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries on August 5th, 2017

Andrew Albanese has published "For Second Time, Appeals Court Hears GSU E-Reserves Case" in Publishers Weekly.

Here's an excerpt:

In the hearing, which went for just over an hour, a three-judge panel of the 11th Circuit in Atlanta, once again pressed attorneys for the fault lines in the decade-old copyright case, with much of the hearing focusing on whether Judge Orinda Evans correctly evaluated the fourth factor of the four factor fair use test (the effect on the market), and then properly weighted that factor in making her fair use determinations.

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"Sci-Hub Provides Access to Nearly All Scholarly Literature"

Posted in Copyright, Publishing, Scholarly Journals on July 25th, 2017

Daniel S Himmelstein et al. have published "Sci-Hub Provides Access to Nearly All Scholarly Literature" in PeerJ.

Here's an excerpt:

Since its creation in 2011, Sci-Hub has grown rapidly in popularity. However, until now, the extent of Sci-Hub's coverage was unclear. As of March 2017, we find that Sci-Hub's database contains 68.9% of all 81.6 million scholarly articles, which rises to 85.2% for those published in closed access journals. Furthermore, Sci-Hub contains 77.0% of the 5.2 million articles published by inactive journals. Coverage varies by discipline, with 92.8% coverage of articles in chemistry journals compared to 76.3% for computer science. Coverage also varies by publisher, with the coverage of the largest publisher, Elsevier, at 97.3%.

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"EU Research Committee Wants to Gift Publishers New Rights to Restrict Access to Scientific Research"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing, Scholarly Journals on July 21st, 2017

COMMUNIA has released "EU Research Committee Wants to Gift Publishers New Rights to Restrict Access to Scientific Research."

Here's an excerpt:

Last week the Culture and Education Committee (CULT) and the Committee on Industry, Research and Energy (ITRE) voted on their final opinions on the Commission’s Directive on Copyright in the Digital Single Market. . . .

The introduction of a new right for press publishers (aka the “link tax”) to extract fees from search engines for incorporating short snippets of—or even linking to—their content in article 11 is one of the most controversial issues of the proposed directive. Adopting this type of ancillary right at the EU level would have a strong negative impact on all stakeholders, including publishers, authors, journalists, researchers, online service providers, and readers. . . .

In the votes last week in the CULT and ITRE committees, the press publishers right was also carried through – and even expanded. Both of the recent opinions remove the restriction that the right applies to digital uses only, meaning that if adopted it would cover all uses—both digital and in print. Even worse, ITRE—the committee responsible for policy relating to the promotion of research—voted to extend the press publishers right to cover scientific publications.

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"American Chemical Society Files Suit against Sci-Hub"

Posted in Copyright, Publishing, Scholarly Journals on June 30th, 2017

The American Chemical Society has released "American Chemical Society Files Suit against Sci-Hub."

Here's an excerpt:

On June 23, 2017, the American Chemical Society (ACS) filed suit in the United States District Court Eastern District of Virginia against unnamed confederates of Sci-Hub, a self-proclaimed web pirate organization that steals and then illegally reproduces and disseminates copyrighted scientific research articles on the internet. The suit asserts infringement of the professional Society’s copyrights, as well as counterfeiting and infringement of its trademarks.

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