Archive for the 'Copyright' Category

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 |

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    "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 |

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      "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 |

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        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 |

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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.

          | Digital Scholarship Overview | Digital Scholarship |

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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.

              | Reviews of Digital Scholarship Publications | Digital Scholarship |

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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.

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

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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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