Archive for the 'Copyright' Category

The Thinkpiece "Libraries, eLending, and the Future of Public Access to Digital Content"

Posted in Copyright, E-Books, Licenses, Reports and White Papers on February 20th, 2013

IFLA has released The Thinkpiece "Libraries, eLending, and the Future of Public Access to Digital Content".

Here's an excerpt:

In October 2012 IFLA therefore commissioned an independent consultant, Civic Agenda, to prepare a 'thinkpiece' to inform discussion at a meeting of experts from the library and publishing sector. This meeting took place over three days at IFLA Headquarters in The Hague in November 2012. The thinkpiece was the starting point for discussions on desirable characteristics for public access models for library digital content, library user expectations' regarding eBooks, and the relationship between libraries and publishers in the eBook age. During the meeting participants focused on the role of copyright, licensing and legislation in access to digital content like eBooks, as well as reviewing advocacy campaigns and the potential for IFLA as an advocate for library access to eBooks.

| Scholarly Electronic Publishing Bibliography 2010 ( paperback and PDF file; over 3,800 entries) | Digital Scholarship |

Be Sociable, Share!

    "A Case for the Public Domain"

    Posted in Copyright, Open Access, Public Domain on February 18th, 2013

    Clark D. Asay has self-archived "A Case for the Public Domain" in SSRN.

    Here's an excerpt:

    Over the past several decades open license movements have proven highly successful in the software and content worlds. . . . This Article argues that this IP-based approach, while perhaps helpful in the beginning, is no longer necessary and in fact prevents the movements from reaching their full potential. The IP-based approach has this effect by causing significant transaction costs without offsetting benefits, resulting in a tragedy of the anti-commons. The IP-based approach also creates the risk of IP trolls in the future, especially in the copyright sphere. . . . The Article then examines the benefits of a public domain approach and argues that such an approach would reduce the wasteful transaction costs, limit the possibility of IP trolls, still satisfy the purposes of those that contribute materials under open licenses, and better align with the normative tenets of such movements. To conclude, the Article assesses the merits of a "Public Domain Act" that would help address obstacles that currently exist in dedicating materials to the public domain and posits some theoretical implications relating to innovation based on the experiences of the open license movements and the arguments of this Article.

    | Digital Scholarship's Digital/Print Books | Digital Scholarship |

    Be Sociable, Share!

      Presentations from the Congressional Internet Caucus Advisory Committee’s State of the Net Conference

      Posted in Copyright, Data Curation, Open Data, and Research Data Management, Digital Copyright Wars, Digital Culture on February 14th, 2013

      The Congressional Internet Caucus Advisory Committee has released presentations from the State of the Net conference.

      Here's a description of the conference:

      Attracting over 600 attendees annually, the State of the Net Conference provides unparalleled opportunities to network and engage on key policy issues. The State of the Net Conference is the largest information technology policy conference in the U.S. and the only one with over 50 percent Congressional staff and government policymakers in attendance. The State of the Net Conference is the only tech policy conference routinely recognized for its balanced blend of academics, consumer groups, industry and government.

      Here's an example presentation: First Sale and No Resale: Could SCOTUS and the Internet Redefine Content Ownership? .

      | Scholarly Electronic Publishing Weblog | Digital Scholarship |

      Be Sociable, Share!

        "Access and the Public Domain"

        Posted in Copyright, Public Domain on February 12th, 2013

        Randal C. Picker has self-archived "Access and the Public Domain" in SSRN.

        Here's an excerpt:

        Section I of the paper sketches out the emerging public domain. Section II considers three conceptual questions for structuring use of the public domain focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Section III turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA and the CFAA. Each of these matters for access to the public domain and for competition over it. Section IV considers one narrow question regarding the relationship between copyright's deposit requirement and a truly public domain, while the last section briefly concludes the paper.

        | Digital Scholarship Overview | Digital Scholarship |

        Be Sociable, Share!

          "Response to Library of Congress NOI on Orphan Works and Mass Digitization"

          Posted in Copyright, Mass Digitizaton on February 11th, 2013

          Denise Troll Covey has self-archived "Response to Library of Congress NOI on Orphan Works and Mass Digitization" in SelectedWorks.

          Here's an excerpt:

          Responding on behalf of Carnegie Mellon University, we appreciate the commitment of Congress and the U.S. Copyright Office to solving the orphan works problem and the opportunity to address the issues articulated in the Notice of Inquiry. As noted in the 2006 Report on Orphan Works, the orphan works problem is significant, pervasive, and thwarting the purpose of copyright.

          Carnegie Mellon's response addresses the primary questions posed in the Notice of Inquiry. The discussion proceeds as follows:

          • Current state of play for solving the orphan works problem
          • Principles that should shape the solution
          • Proposal for a two-pronged solution that might be palatable at this time

          | Digital Scholarship Overview | Digital Scholarship |

          Be Sociable, Share!

            EFF and Public Knowlege’s Comments on Copyright Office’s Orphan Works Inquiry

            Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Publishing on February 7th, 2013

            The Electronic Frontier Foundation and Public Knowledge have released their comments on the Notice of Inquiry by the Copyright Office for comments regarding orphan works, Docket No. 2012-12.

            Here's an excerpt:

            A range of options, none of them exclusive, can alleviate the problems created by the prevalence of orphan works. Even in the absence of more systemic change that can stem the growing number of works whose copyright information disappears into obscurity, the application of fair use and legislative work on damages reduction (both for orphan works specifically and for good faith fair uses generally) can allow a variety of users to bring a variety of works to the public. Mass digitization projects promise to be a part of that process, and should be able to proceed in many cases under current law. However, more ambitious plans for broader, publicly available MDPs could be incentivized to serve the public interest with additional damages limitations, attended by public interest conditions. We

            | Google Books Bibliography (XHTML website; over 320 entries) | Digital Scholarship |

            Be Sociable, Share!

              "Orphan Works and the Search for Rightsholders: Who Participates in a ‘Diligent Search’ under Present and Proposed Regimes?"

              Posted in Copyright on February 4th, 2013

              David R. Hansen, Gwen Hinze, and Jennifer Urban have self-archived "Orphan Works and the Search for Rightsholders: Who Participates in a 'Diligent Search' under Present and Proposed Regimes?" in SSRN.

              Here's an excerpt:

              Regardless of the specific formulation, the search for rightsholders (or conversely, the confirmation that no rightsholder can be located) is an integral component of almost every orphan works proposal. This paper examines in detail the core schemes for identifying rightsholders among the leading orphan works regimes and proposals. Although these schemes differ across many variables, three factors predominate: (1) who is expected to participate in the search process, (2) the nature and extent of the required search generally; and (3) specifically what types of resources, tools, registries or other information-sharing mechanisms are required or allowed.

              This paper compares existing proposals' approaches with respect to the first factor: who participates in a search? A subsequent paper will focus on the second and third factors.

              | Digital Scholarship Overview | Digital Scholarship |

              Be Sociable, Share!

                Surprise Brief by Justice Department in Georgia State University E-Reserves Case

                Posted in Copyright, Digital Copyright Wars, E-Reserves, Libraries on February 4th, 2013

                The Justice Department has filed a brief in the Cambridge University Press et al. v. Patton et al. case by for a 21-day extension in which to "to file any amicus brief in support of appellants or in support of neither party."

                Here's an excerpt from "Obama Administration Considers Joining Publishers in Fight to Stamp out Fair Use at Universities":

                In digging into this, we've heard from a few sources that it's actually the US Copyright Office that has asked the DOJ to weigh in on the side of the publishers and against the interests of public universities and students.

                Read more about it at "Publishers and Library Groups Spar in Appeal to Ruling on Electronic Course Reserves," "Unwelcome Intervention?," and "U.S. Attorneys May Weigh in On GSU E-Reserves Case."

                | Google Books Bibliography (XHTML website; over 320 entries) | Digital Scholarship |

                Be Sociable, Share!

                  Page 10 of 101« First...89101112...203040...Last »

                  DigitalKoans

                  DigitalKoans

                  Digital Scholarship

                  Copyright © 2005-2014 by Charles W. Bailey, Jr.

                  Creative Commons License

                  This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.