Archive for the 'Copyright' Category

What Does the HathiTrust Decision Mean for Libraries?

Posted in Copyright, Mass Digitizaton, Research Libraries on July 14th, 2014 by Charles W. Bailey, Jr.

The Library Copyright Alliance has released What Does the HathiTrust Decision Mean for Libraries?.

Here's an excerpt:

The decision also demonstrates how the fair use right applies in the context of a specific library activity: mass digitization. The decision clearly indicates that the acts of a library digitizing the works in its collection, and the library's storage of the resulting digital files, are fair uses under section 107 of the Copyright Act. The decision, however, provides less certainty concerning the permissible access to those digital files. The only form of full-text access it addresses directly is access by the disabled. To be sure, this is an incredibly important result for these individuals. But the court provides little specific guidance concerning the permissibility of other forms of access. Nonetheless, the court's more general pronouncements concerning fair use should be helpful to libraries trying to determine the range of permitted access to their mass digitization projects.

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

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STM Releases Its Own Open Access Licenses

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on July 14th, 2014 by Charles W. Bailey, Jr.

The International Association of Scientific, Technical & Medical Publishers (STM) has released its own collection of open access licenses.

Here's an excerpt:

STM believes that publishers should have the tools to offer a wide variety of appropriate licensing terms dependent on their economic model and business strategy. To that end, the Association has produced sample licences for a variety of uses within open access publishing.

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

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European Commission Issues Action Plan for Infringements of Intellectual Property Rights

Posted in Copyright on July 2nd, 2014 by Charles W. Bailey, Jr.

The European Commission has issued an Action Plan for infringements of intellectual property rights.

Here's an excerpt from the announcement:

Here's an excerpt:

The EU Action Plan sets out a number of actions to focus the EU's IPR enforcement policy on commercial scale infringements (the so-called 'follow the money' approach). The Strategy setting out an international approach examines recent changes and presents ways to improve the Commission's current means of action to promote enhanced IPR standards in third countries and to stem the trade in IPR infringing goods.

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

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Economic Impacts of Adapting Certain Limitations and Exceptions to Copyright and Related Rights

Posted in Copyright, Digital Copyright Wars, Digital Curation & Digital Preservation, Reports and White Papers on June 27th, 2014 by Charles W. Bailey, Jr.

The European Commission has released Economic Impacts of Adapting Certain Limitations and Exceptions to Copyright and Related Rights.

Here's an excerpt from the summary:

The first part of the study is the report by Charles River Associates "Assessing the economic impacts of adapting certain limitations and exceptions to copyright and related rights in the EU" (Langus et al., 2013, henceforth "CRA Methodology Report"), which establishes a methodology to assess exceptions and limitations to copyright. . . .

In turn, the present report uses the aforementioned methodology to assess the economic impacts of specific policy options in several topics of interest, in view of providing policy guidance on these topics. This report focuses on the following topics:

  • Digital preservation by cultural heritage and educational institutions;
  • The provision of remote access by cultural heritage and educational institutions to their collections for the benefit of their patrons;
  • E-lending by publicly accessible libraries;
  • Text and data mining for the purpose of scientific research;
  • Reproductions made by natural persons for private uses.

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Software Patents: Alice Corp. v. CLS Bank Ruling

Posted in Copyright on June 20th, 2014 by Charles W. Bailey, Jr.

The Supreme Court has ruled in the Alice Corp. v. CLS Bank software patent case.

Here's an excerpt from "Bad Day for Bad Patents: Supreme Court Unanimously Strikes Down Abstract Software Patent":

In a long-awaited decision, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank today, striking down an abstract software patent. Essentially, the Court ruled that adding "on a computer" to an abstract idea does not make it patentable. Many thousands of software patents—particularly the vague and overbroad patents so beloved by patent trolls—should be struck down under this standard. Because the opinion leaves many details to be worked out (such as the scope of an "abstract idea"), it might be a few years until we understand its full impact.

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"Liberating the Publications of a Distinguished Scholar: A Pilot Project"

Posted in Copyright, Institutional Repositories, Open Access, Research Libraries, Scholarly Journals, Self-Archiving on June 20th, 2014 by Charles W. Bailey, Jr.

Julie Kelly has published "Liberating the Publications of a Distinguished Scholar: A Pilot Project" in Issues in Science and Technology Librarianship.

Here's an excerpt:

Many distinguished scholars published the primary corpus of their work before the advent of online journals, which makes it more challenging to access. Upon being approached by a distinguished Emeritus Professor seeking advice about getting his work posted online, librarians at the University of Minnesota worked to gain copyright permissions to scan and upload older works to the University's Digital Conservancy (UDC). This project then uniquely took the process one step further, using the sharing option of RefWorks to make these works accessible to the widest possible audience while concurrently offering the sophisticated functionality of a citation manager. With open access repositories gaining acceptance as an authoritative long-term venue for making resources available online, including older content that can be digitized, the methods developed in this pilot project could easily be followed by others, thus greatly increasing access to older literature from distinguished scholars.

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Is It in the Public Domain?

Posted in Copyright on June 16th, 2014 by Charles W. Bailey, Jr.

The Samuelson Clinic has released Is It in the Public Domain?.

Here's an excerpt from the announcement:

Here's an excerpt:

The handbook walks readers though a series of questions—illustrated by accompanying charts—to help readers explore whether a copyrighted work from that time is in the public domain, and therefore free to be used without permission from a copyright owner. Knowing whether a work is in the public domain or protected by copyright is an important first step in any decision regarding whether or how to make use of a work.

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EU Advocate General Issues Opinion on Library Digitization

Posted in Copyright, Digital Copyright Wars, Digitization, Libraries, Mass Digitizaton, Research Libraries on June 6th, 2014 by Charles W. Bailey, Jr.

The European Union's Advocate General has issued an opinion on library digitization.

Here's an excerpt from the announcement:

Here's an excerpt:

Next, the Advocate General considers that the directive does not prevent Member States from granting libraries the right to digitise the books from their collections, if their being made available to the public by dedicated terminals requires it. That may be the case where it is necessary to protect original works which, although still covered by copyright, are old, fragile or rare. That may also be the case where the work in question is consulted by a large number of students and its photocopying might result in disproportionate wear.

However, Mr Jääskinen makes clear that the directive permits not the digitisation of a collection in its entirety, but only the digitisation of individual works. It is particularly important not to opt to use dedicated terminals where the sole purpose of doing so is to avoid the purchase of a sufficient number of physical copies of the work.

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"Copyright Roundup 3—Changes in UK Law"

Posted in Copyright, Digital Copyright Wars on June 2nd, 2014 by Charles W. Bailey, Jr.

Kevin Smith has published "Copyright Roundup 3—Changes in UK Law" in Scholarly Communications @ Duke.

Here's an excerpt:

Second, the British are now adopting an exception for text and data mining into their law. This is huge, and reinforces the idea I have expressed before that libraries should be reluctant about agreeing to licensing terms around TDM; the rights are likely already held by users in many cases, so those provisions really would have the effect, despite being promoted as assisting research, of putting constraints (and sometimes added costs) on what scholars can already do. This is probably true in the U.S., where fair use likely gets us further than vendor licenses would, and it has now been made explicit in the U.K.

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Open WiFi and Copyright: A Primer for Network Operators

Posted in Copyright, Digital Copyright Wars on May 26th, 2014 by Charles W. Bailey, Jr.

EFF has released Open WiFi and Copyright: A Primer for Network Operators.

Here's an excerpt from the announcement:

At EFF, we are big fans of open wireless. But we also know that operators of open networks sometimes worry that they could be legally responsible if people use their networks to engage in copyright infringement. We've put together a short white paper that generally explains the scope and limits of operator liability for the acts of users, and additional steps network operators may choose to take to further limit their legal risk. As we explain in the paper, copyright liability for the acts of your users is less likely than you might think, as long as you (1) simply provide a means of transmission; and (2) act reasonably and responsibly.

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WIPO Talks Collapse on Copyright Exceptions for Libraries Issue

Posted in Copyright, Libraries on May 7th, 2014 by Charles W. Bailey, Jr.

World Intellectual Property Organization talks on copyright exceptions for libraries have collapsed over EU concerns.

Here's an excerpt from the press release:

Discussions by the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright & Related Rights (SCCR) broke down in the early hours of Saturday morning 3 May, after the European Union (EU) attempted to block future discussion of copyright laws to aid libraries and archives fulfill their missions in the digital environment. . . .

The meeting ended in disarray at 1:30am on Saturday morning, after the EU tried to have crucial references to “text-based” work on copyright exceptions removed from the meeting conclusions—a move viewed by other Member States and library and archive NGOs present as an attempt to delay, if not derail, any progress on copyright exceptions at WIPO.

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Guarding Against Abuse: Restoring Constitutional Copyright

Posted in Copyright on May 5th, 2014 by Charles W. Bailey, Jr.

R Street has released Guarding Against Abuse: Restoring Constitutional Copyright.

Here's an excerpt:

Conservatives who care about the original public meaning of the Constitution must not abandon our constitutional obligation. Conservatives believe that the words of the Constitution mean something. If the words mean something, if they mean anything, then copyright must expire. . . .

Overall, we can be supporters of a copyright regime that protects and compensates creators, a noble goal, while recognizing that the current system has gone haywire. It's time to restore our founding principles and recognize that constitutional copyright would unleash new creativity and economic growth.

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