Archive for the 'Copyright' Category

"The Copyright Axis of Evil: The Academic Library Must Confront Threats to User Rights"

Posted in Copyright, Digital Copyright Wars, Research Libraries on April 11th, 2013

ACRL has released "The Copyright Axis of Evil: The Academic Library Must Confront Threats to User Rights" as part of the ACRL 2013 Proceedings.

Here's an excerpt:

This paper will define the key copyright developments that will challenge academic libraries over the next two years (2013-15) as they seek to support teaching, learning and research at their institutions. American libraries have benefited in significant ways from the availability of fair use (section 107) and various exceptions (section 108) in the US copyright law. But a new library treaty in development at the World Intellectual Property Organization highlights the expanding influence of global copyright developments on national policies.

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    "The Next Great Copyright Act: A Primer"

    Posted in Copyright on April 8th, 2013

    Rick Marshall has self-archived "The Next Great Copyright Act: A Primer" in SSRN.

    Here's an excerpt:

    In early March, U.S. Register of Copyrights Maria A. Pallante visited Columbia Law School to deliver the 26th annual Horace S. Manges lecture. Her full remarks contained an impassioned plea for Congress to overhaul the existing copyright regime and create "The Next Great Copyright Act." Much of what she said during her lecture, she reiterated in her testimony on Wednesday before the House Subcommittee on Courts, Intellectual Property, and the Internet.

    What follows is a primer (complete with hyperlinks) for those who lack the time to read the Register's remarks or watch her testimony.

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      The Impact of the Supreme Court’s Decision in Kirtsaeng v. Wiley on Libraries

      Posted in Copyright, Libraries, Reports and White Papers on April 4th, 2013

      The Library Copyright Alliance has released The Impact of the Supreme Court's Decision in Kirtsaeng v. Wiley on Libraries.

      Here's an excerpt:

      This paper first provides background on this issue and an overview of the Kirtsaeng litigation. It then summarizes Justice Breyer's majority opinion, Justice Kagan's concurrence, and Justice Ginsburg's dissent, emphasizing the opinions' references to libraries. The paper next discusses the likely arguments of those who may seek to overturn the Court's decision and the shortcomings of those arguments. Finally, the paper concludes that the Supreme Court decision represents a complete victory for libraries, reaffirming the importance of libraries' engagement in policy debates.

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        "Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after Authors Guild v. Hathitrust"

        Posted in Copyright, Digital Copyright Wars, Digital Curation & Digital Preservation, Digitization, Mass Digitizaton on April 1st, 2013

        Angel Siegfried Diaz has self-archived "Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after Authors Guild v. Hathitrust" in SSRN.

        Here's an excerpt from:

        This note discusses the future of digital libraries and other products reliant on mass digitization in the wake of the Hathitrust decision. First, this note presents an overview of U.S. copyright protection and the ways in which its goal of incentivizing authors has consistently been balanced by efforts to protect preservation, access, and fair use. . . .

        Second, this note discusses the trial court opinion in Authors Guild v. Hathitrust and the court's fair use finding regarding the full-text search index and copies for the print disabled. . . .

        Third, this note discusses the Hathitrust decision's effect on the future of the Google Books case and argues that the fair use ruling paves the road for a similar finding while also giving Google leverage in its ongoing settlement negotiations. . . .

        Fourth, after exploring the judicial efforts to protect useful technologies as a matter of public policy, this note explores legislative solutions that would better advance copyright's goals of promoting education, research, preservation, and access.

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          Archives and Copyright: Risk and Reform

          Posted in Copyright, Digital Archives and Special Collections, Digitization, Mass Digitizaton, Reports and White Papers on March 29th, 2013

          CREATe has released Archives and Copyright: Risk and Reform.

          Here's an excerpt:

          This paper considers the place of the archive sector within the copyright regime, and how copyright impacts upon the preservation, access to, and use of archival holdings. It will begin with a critical assessment of the current parameters of the UK copyright regime as it applies to the work of archivists, including recommendations for reform that have followed in the wake of the Gowers Review of Intellectual Property (2006-2010), the Hargreaves Review of Intellectual Property and Growth (2010-2011), the recent Consultation on Copyright (2011-12), as well as the government's response thereto: Modernising Copyright (2012). It considers the various problems the copyright regime presents for archives undertaking mass digitisation projects as well as recent European and UK initiatives in this domain.

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            Entire Editorial Board of Journal of Library Administration Resigns

            Posted in Author Rights, Copyright, Open Access, Publishing, Scholarly Journals on March 25th, 2013

            There have been several reports stating that the editorial board of the Journal of Library Administration has resigned. The Journal of Library Administration is published by Taylor & Francis, which publishes a number of library and information science journals.

            Here's an excerpt from Brian Mathews's "So I'm Editing This Journal Issue and . . ." in which he quotes an e-mail from Damon Jaggars:

            "The Board believes that the licensing terms in the Taylor & Francis author agreement are too restrictive and out-of-step with the expectations of authors in the LIS community."

            "A large and growing number of current and potential authors to JLA have pushed back on the licensing terms included in the Taylor & Francis author agreement. Several authors have refused to publish with the journal under the current licensing terms."

            "Authors find the author agreement unclear and too restrictive and have repeatedly requested some form of Creative Commons license in its place."

            "After much discussion, the only alternative presented by Taylor & Francis tied a less restrictive license to a $2995 per article fee to be paid by the author. As you know, this is not a viable licensing option for authors from the LIS community who are generally not conducting research under large grants."

            "Thus, the Board came to the conclusion that it is not possible to produce a quality journal under the current licensing terms offered by Taylor & Francis and chose to collectively resign."

            The Editorial Board members are:

            Damon Jaggars (Editor)
            Kristin Antelman
            Chris Bourg
            Lisa German
            Fred M. Heath
            Paula T. Kaufman
            Deanna B. Marcum
            Sarah C. Michalak
            James G. Neal
            Ann J. Wolpert
            Makoto Nakamoto
            Stephen Town

            Read more about it at "Editorial Board Resigns from T&F Journal to Protest Restrictive Licensing," "The Journal of Library Administration," and "My Short Stint on the JLA Editorial Board."

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              "The Orphan Works Chimera and How to Defeat It: A View From the Atlantic"

              Posted in Copyright on March 21st, 2013

              Stef van Gompel has published "The Orphan Works Chimera and How to Defeat It: A View From the Atlantic" in a special issue of the Berkeley Technology Law Journal about orphan works.

              Here's an excerpt:

              This Article consists of three parts. Employing the metaphor of the Chimera, Part II systematically introduces the different ways in which the problem of orphan works manifests itself and describes the legal uncertainty that the different categories of users of orphan works experience. Next, Part III suggests addressing the orphan works problem by adopting a multifaceted approach that would provide adequate relief for the different categories of users of orphan works. Part IV concludes.

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                "Private Digital Libraries and Orphan Works"

                Posted in Copyright on March 21st, 2013

                Randal C. Picker has published "Private Digital Libraries and Orphan Works" in a special issue of the Berkeley Technology Law Journal about orphan works.

                Here's an excerpt:

                This Article is divided into three substantive parts. In Part II, this Article considers some of the characteristics that will matter for the competition between public and private digital libraries and offer a brief discussion of the emerging private digital libraries. Google's Book Search project is probably the most prominent example, but Amazon has an important initiative as well and there are many smaller examples. In Part III, this Article considers the current library exemptions in U.S. copyright law, with particular emphasis on § 108. . . .

                In Part IV, this Article turns to the shape of a potential statutory licensing regime for orphan works.

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