Archive for the 'Copyright' Category

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

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    "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.

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      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 |

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        What’s the Deal with Copyright and 3D Printing?

        Posted in Copyright, Reports and White Papers on January 31st, 2013

        Public Knowledge has released What's the Deal with Copyright and 3D Printing?

        Here's an excerpt from the announcement:

        Today Public Knowledge is happy to announce a new whitepaper: What's the Deal with Copyright and 3D Printing? This paper is something of a follow up to our previous 3D printing whitepaper It Will Be Awesome if They Don't Screw It Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology. Unlike It Will Be Awesome, which focused on the broad connection between intellectual property law and 3D printing, What's the Deal? takes a deeper dive into the relationship between copyright and 3D printing. . . .

        Of course, the first step in understanding what is not protected by copyright is recognizing what is protected by copyright. What's the Deal? is designed to help mark those boundaries and draw focus to the hard — and easy — questions that the boundaries raise.

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          "The Authors Guild v. Hathitrust: A Way Forward for Digital Access to Neglected Works in Libraries"

          Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on January 30th, 2013

          James Aaron has self-archived "The Authors Guild v. Hathitrust: A Way Forward for Digital Access to Neglected Works in Libraries" in SSRN.

          Here's an excerpt:

          This Comment begins by describing the HathiTrust Orphan Works Project and what it renames the neglected works problem. Next, it examines the legality of the project under current copyright law, focusing mainly on fair use under section 107, and concludes that it is unclear whether the project violates copyright law. Finally it analyzes whether this result fits the policy goals of copyright, and because it does not, proposes both legislative and judicial changes to copyright law to make it clear that in the proper circumstances, nonprofit, educational uses of neglected works do not violate copyright law.

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

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            "Open-Sourcing the Global Academy: Aaron Swartz’s Legacy"

            Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on January 30th, 2013

            Rebecca Gould has self-archived "Open-Sourcing the Global Academy: Aaron Swartz's Legacy" in SSRN.

            Here's an excerpt:

            This essay examines Swartz's Open Access vision, and traces the challenges he faced in carrying out his dream. Arguing that Open Access is the future of scholarship in the digital age, I outline concrete strategies for bringing Swartz's dream to fruition.

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              "Money from Music: Survey Evidence on Musicians’ Revenue and Lessons About Copyright Incentives"

              Posted in Copyright on January 22nd, 2013

              Peter C. DiCola has self-archived "Money from Music: Survey Evidence on Musicians' Revenue and Lessons About Copyright Incentives" in SSRN.

              Here's an excerpt:

              For most musicians, copyright does not provide much of a direct financial reward for what they are producing currently. The survey findings are instead consistent with a winner-take-all or superstar model in which copyright motivates musicians through the promise of large rewards in the future in the rare event of wide popularity. This conclusion is not unfamiliar, but this article is the first to support it with empirical evidence on musicians' revenue.

              | Reviews of Digital Scholarship Publications | Digital Scholarship |

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                "SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements"

                Posted in Copyright, Digital Copyright Wars on January 21st, 2013

                Michael A. Carrier has published "SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements" in the Northwestern Journal of Technology and Intellectual Property.

                Here's an excerpt:

                In this article, I discuss the effects of four copyright proposals on innovation: the Stop Online Piracy Act (SOPA), PROTECT IP Act (PIPA), Anti-Counterfeiting Trade Agreement (ACTA), and Trans-Pacific Partnership Agreement (TPP). These proposals contain provisions that would impose copyright liability in a vague and far-reaching manner that would harm innovators, dissuade venture capitalists, and ultimately stifle innovation.

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                  Organization of Scholarly Communication Services, SPEC Kit 332

                  Posted in Copyright, Open Access, Publishing, Scholarly Communication on December 14th, 2012

                  ARL has released the Organization of Scholarly Communication Services, SPEC Kit 332.

                  Here's an excerpt from the press release:

                  The Association of Research Libraries (ARL) has published Organization of Scholarly Communication Services, SPEC Kit 332, which explores how research institutions are currently organizing staff to support scholarly communication services, and whether their organizational structures have changed since 2007, when member libraries were surveyed about their scholarly communication education initiatives. This SPEC Kit covers who leads scholarly communication efforts inside and outside the library, the scholarly communication related services that are offered to researchers, and which staff support those services. The publication also looks at how the library measures the success of its scholarly communication services, including demonstrable outcomes of these services.

                  | Digital Scholarship's 2012 Publications | Digital Scholarship |

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                    "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement"

                    Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on December 12th, 2012

                    Sean M. Flynn et al. have self-archived "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement" in SSRN.

                    Here's an excerpt:

                    Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.

                    | Digital Scholarship's 2012 Publications | Digital Scholarship |

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                      "Contribution to the Definition of a Positive Agenda for the Public Domain: A Policy Paper by COMMUNIA International Association on the Public Domain"

                      Posted in Copyright, Public Domain, Reports and White Papers on December 6th, 2012

                      COMMUNIA has released "Contribution to the Definition of a Positive Agenda for the Public Domain: A Policy Paper by COMMUNIA International Association on the Public Domain."

                      Here's an excerpt:

                      This policy paper proposes to contribute to defining a positive agenda for the Public Domain. It is grounded on a WIPO study by Professor Sèverine Dusollier, Communia policy recommendations and Communia previous WIPO statements. This work-in-progress document presents policy recommendations and strategies aimed at the trans-national level , namely WIPO CDIP and SCCR. Legal language will be drafted at a later stage.

                      Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals Cover

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                        "ARL Member Library Directors on Putting the Code to Work"

                        Posted in Copyright on November 27th, 2012

                        The Association of Research Libraries has published "ARL Member Library Directors on Putting the Code to Work."

                        Here's an excerpt:

                        The Code of Best Practices in Fair Use for Academic and Research Libraries came out in January 2012, and we have been spreading the good news at events around the country ever since. . . . In the following video interviews, taped in October 2012, five dynamic leaders of ARL libraries describe how they are using the Code to inform new approaches to questions of copyright and fair use.

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