Archive for the 'Copyright' Category

"The Public Domain vs. The Museum: The Limits of Copyright and Reproductions of Two-Dimensional Works of Art"

Posted in Copyright, Museums on September 9th, 2014

Grischka Petri has self-archived "The Public Domain vs. The Museum: The Limits of Copyright And Reproductions of Two-Dimensional Works of Art."

Here's an excerpt:

The problem of museums and public institutions handling reproductions of works in their collections is not only a legal question but also one of museum ethics. Public museums are committed to spreading knowledge and to making their collections accessible. When it comes to images of their holdings, however, they often follow a restrictive policy. Even for works in the public domain they claim copyright for their reproductive photographs. This paper offers an analysis of the different interests at stake, a short survey of important cases, and practical recommendations.

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

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    Google Settles American Society of Media Photographers, Inc. et al. v. Google Inc.

    Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on September 8th, 2014

    Google has settled the American Society of Media Photographers, Inc. et al. v. Google Inc. lawsuit. The agreement is confidential.

    Here's an excerpt from the press release:

    The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google. As the settlement is between the parties to the litigation, the court is not required to approve its terms.

    This settlement does not affect Google's current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

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

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      Intellectual Property: Law & the Information Society—Cases and Materials

      Posted in Copyright on August 29th, 2014

      Duke's Center for the Study of the Public Domain has released Intellectual Property: Law & the Information Society—Cases and Materials. Also available in paperback.

      Here's an excerpt from the press release:

      This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks-from logos to novels to drug formulae-and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property-trademark, copyright and patent-but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.

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

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        "Terms of Service on Social Media Sites"

        Posted in Copyright, Social Media/Web 2.0 on August 28th, 2014

        Corinne Hui Yun Tan has self-archived "Terms of Service on Social Media Sites".

        Here's an excerpt:

        This article considers the provisions within the terms of service ('TOS') of the social media behemoths of today—Facebook, YouTube, Twitter and the Wikimedia Foundation. In particular, it examines the main provisions that purport to regulate, from a copyright perspective, generative activities on social media sites. This empirical work is undertaken so that the article can shed light on the relationship between the contractual and copyright regimes. To do so, the article identifies the instances where the contractual regime is to some extent aligned with the copyright regime, and further, where there are potential incompatibilities between the two regimes.

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

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          "The Rise, Fall, and Rise of ACTA?"

          Posted in Copyright, Digital Copyright Wars on August 26th, 2014

          Peter (Jay) Smith has published "The Rise, Fall, and Rise of ACTA?" in Digital Studies.

          Here's an excerpt:

          In July 2012 the European Parliament defeated the Anti-Counterfeiting Trade Agreement (ACTA). Supposedly the attempt to impose global norms on intellectual property rights and thereby restrict digital copyright was dead. Or was it? This paper argues that the spirit of ACTA may live on in a host of other trade agreements currently being negotiated. That is, ACTA, or even more restrictive versions of it, could be imposed through the back door at least upon weaker states through bilateral agreements with the United States and the European Union. The result could be a spaghetti bowl of rules on digital copyright with some countries enjoying more digital rights, online freedom, and privacy than others.

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

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            "STM’s New Publishing Licenses Raise Antitrust Concerns Amid Wider Efforts to Pollute Open Access Standards"

            Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on August 25th, 2014

            Ariel Katz has published "STM's New Publishing Licenses Raise Antitrust Concerns Amid Wider Efforts to Pollute Open Access Standards" in LSE Impact of Social Sciences.

            Here's an excerpt:

            For antitrust purposes, when a group of publishers adopts a set of uniform licenses, or when it recommends that its members adopt them, they tread in the area of antitrust law's core concern: "price fixing". In antitrust lingo the term price fixing is not limited to coordinating on price, but applies to any coordination that affects the quantity, quality, or any other feature of the product. Indeed, "[t]erms of use are no less a part of 'the product,'"[1] and competition between publishers is supposed to ensure optimal license terms just as it is expected to guarantee competitive prices. Therefore, when a group of publishers coordinates license terms, their concerted action is not conceptually different for antitrust purposes from a decision to coordinate subscription fees (downstream) or submission fees (upstream), and when the group represents the leading publishers and affects the majority of publications, antitrust concerns are further heightened.

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

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              "How Streaming Media Could Threaten the Mission of Libraries"

              Posted in Copyright, Libraries, Licenses, Research Libraries on August 25th, 2014

              Steve Kolowich has published "How Streaming Media Could Threaten the Mission of Libraries" in Wired Campus.

              Here's an excerpt:

              Welcome to content licensing, a great source of anxiety for librarians in the digital era. In previous decades, the university librarians might have bought a CD of the Dudamel album for $25 and kept it in circulation it for as long as the disc remained viable. Here they were asked to pay the publisher 10 times that amount (plus a licensing fee that would probably exceed the processing fee) for access to a quarter of the album for two years.

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

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                Digital Legal Deposit, An IPA Special Report

                Posted in Copyright, Legislation and Government Regulation, Publishing on August 21st, 2014

                The International Publishers Association has released Digital Legal Deposit, An IPA Special Report.

                Here's an excerpt from the press release:

                A new IPA report reveals how policies and processes are being developed and implemented which allow digital content, whether in the form of e-books, journals, blogs or website content, to be collected and archived. It contains in-depth analysis of schemes in Germany, the Netherlands, the UK, France and Italy, as well as details from Japan, China, Brazil, the United States, Australia and Canada.

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

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