Archive for the 'Copyright' Category

"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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      Finding the Public Domain: Copyright Review Management System Toolkit

      Posted in Copyright, Public Domain on June 14th, 2016

      The University of Michigan Library has released Finding the Public Domain: Copyright Review Management System Toolkit.

      Here's an excerpt:

      This toolkit is divided into three main parts. It is primarily designed for copyright review of books, but it is also useful for a range of copyright review activities. The first part of the toolkit consists of a series of preplanning documents, one or more of which can be used in early-stage project meetings to build your team and plan your approach when faced with key questions. . . .

      The second part of the toolkit dives deeper into the practical considerations facing a copyright review project, including project leadership, the legal fundamentals for copyright review, technical elements, and observations related to project personnel. . . .

      The third part of the toolkit includes reports on pilot projects and a series of appendices. Together these form valuable documentation from the [Copyright Review Management System] project.

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        "After Copyright Win, GSU Seeks $3.3 Million from Publishers "

        Posted in Copyright, Digital Copyright Wars, Research Libraries on May 3rd, 2016

        Andrew Albanese has published "After Copyright Win, GSU Seeks $3.3 Million from Publishers" in Publishers Weekly.

        Here's an excerpt:

        After winning a key copyright decision, attorneys for Georgia State University want the publishers who brought the suit to pay more than $3.3 million dollars in fees and costs.

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          "The Mystery of Creative Commons Licenses"

          Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Scholarly Journals on April 29th, 2016

          De Gruyter Open has released "The Mystery of Creative Commons Licenses" by Witold Kieńć.

          Here's an excerpt:

          While more than half of open access papers are published under the terms of a liberal Creative Commons Attribution Licence, the majority of authors of open access works seem not to accept the terms of either this or any other Creative Commons license.

          Despite the fact that the majority of journals indexed in the Directory of Open Access Journals use liberal Creative Commons Attribution (CC-BY) licence as a default, and that probably more than half of all articles published in open access serials are published under the terms of this licence, academic authors seem not to support liberal licensing. How is it possible? Are authors of more than 600 thousand CC-BY licensed works invisible in surveys? Or do they publish under the terms of this license against their will?

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            "Policy: Google Books: The Final Chapter?"

            Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on April 29th, 2016

            Walt Crawford has published "Policy: Google Books: The Final Chapter?" in Cites & Insights: Crawford at Large.

            Here's an excerpt:

            On Monday, April 18, 2016, the U.S. Supreme Court declined to hear the Authors Guild appeal of a district court decision finding, once again, that Google Books Search is fair use. . . .

            That should be the final chapter in this decade-long epic case, and maybe I should stop right here.

            But let's look at a couple of the early commentaries after the denial (two of many), then go back for the usual chronological citations and notes on items since the last coverage of this legal marathon. The question mark in the essay's title? Well, the Authors Litigation Guild (the middle word isn't part of the name, but maybe it should be) seems as incapable of admitting defeat as it apparently is of recognizing that it only represents the interests of a few hundred or few thousand writers. And, of course, there's the enticing if unlikely counter possibility: what if Google asked to recover its legal costs, which must surely be in the millions of dollars?

            See also: “Google Case Ends, but Copyright Fight Goes On.”

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              "How Large is the ‘Public Domain’?: A Comparative Analysis of Ringer’s 1961 Copyright Renewal Study and HathiTrust CRMS Data"

              Posted in Copyright, Public Domain on April 25th, 2016

              College & Research Libraries has released an e-print of "How Large is the 'Public Domain'?: A Comparative Analysis of Ringer's 1961 Copyright Renewal Study and HathiTrust CRMS Data" by John P. Wilkin.

              Here's an excerpt:

              The 1961 Copyright Office study on renewals, authored by Barbara Ringer, has cast an outsized influence on discussions of the U.S. 1923-1963 public domain. As more concrete data emerges from initiatives such as the large-scale determination process in the Copyright Review Management System project, questions are raised about the reliability or meaning of the Ringer data. A closer examination of both the Ringer study and CRMS data demonstrates fundamental misunderstandings and misrepresentations of the Ringer data, as well as possible methodological issues. Estimates of the size of the corpus of public domain books published in the U.S. from 1923-1963 have been inflated by problematic assumptions, and we should be able to correct mistaken conclusions with reasonable effort.

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                Developments in the Authors Guild v. Google and Cambridge University Press v. Patton (GSU E-Reserves) Cases

                Posted in Copyright, Digital Copyright Wars on April 19th, 2016

                The Supreme Court has declined to hear an appeal of the Authors Guild v. Google case, leaving in place the 2015 ruling by the United States Court of Appeals 2nd Circuit in favor of Google.

                See: "Supreme Court Rejects Google Books Appeal."

                Judge Orinda Evans has issued a remand decision in the Cambridge University Press v. Patton case that significantly reduces the number counts that the plaintiffs prevailed on.

                See: "Publishers' Loss in GSU Copyright Case Just Got a Little Worse."

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                  DPLA, Creative Commons, Europeana, and Partners Launch RightsStatements.org

                  Posted in Copyright, Creative Commons/Open Licenses on April 15th, 2016

                  The Digital Public Library of America, the Creative Commons, Europeana, and other partners have launched RightsStatements.org .

                  Here's an excerpt from the announcement:

                  In May 2015, the International Rights Statements Working Group released two white papers with our recommendations for establishing standardized rights statements for describing copyright and reuse status of digital cultural heritage materials, and the enabling technical infrastructure for those statements. After working for nearly a year to implement the recommendations of the white papers, the Digital Public Library of America and Europeana are proud to announce the launch of RightsStatements.org.

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                    "A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again"

                    Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on April 7th, 2016

                    David Kravets has published "A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again" in Ars Technica.

                    Here's an excerpt:

                    Meet Alexandra Elbakyan, the developer of Sci-Hub, a Pirate Bay-like site for the science nerd. It's a portal that offers free and searchable access "to most publishers, especially well-known ones."

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                      Cambridge Press v. Georgia State University: "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries"

                      Posted in Copyright, Digital Copyright Wars, Publishing, Research Libraries, Scholarly Journals on April 6th, 2016

                      Kevin Smith has published "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries" in Scholarly Communications @ Duke.

                      Here's an excerpt:

                      So this ruling, like each ruling in the case, is clearly a disaster for the plaintiff publishers. Once again it establishes that there is significant space for fair use in higher education, even when that use is not transformative. Nevertheless, it is a difficult victory for libraries, in the sense that the analysis it uses is not one we can replicate; we simply do not have access to the extensive data about revenue, of which Judge Evans makes such complex use.

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                        "Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability"

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

                        The Center for Internet and Society has released "Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability."

                        Here's an excerpt:

                        This short paper shows that the "digital threat" discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might incentivise piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially in the digital environment.

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