Archive for the 'Copyright' Category

"The Social, Political and Legal Aspects of Text and Data Mining (TDM)"

Posted in Copyright, Emerging Technologies, Publishing on November 17th, 2014

Michelle Brook, Peter Murray-Rust, and Charles Oppenheim have published "The Social, Political and Legal Aspects of Text and Data Mining (TDM)" in D-Lib Magazine.

Here's an excerpt:

The ideas of textual or data mining (TDM) and subsequent analysis go back hundreds if not thousands of years. Originally carried out manually, textual and data analysis has long been a tool which has enabled new insights to be drawn from text corpora. However, for the potential benefits of TDM to be unlocked, a number of non-technological barriers need to be overcome. These include legal uncertainty resulting from complicated copyright, database rights and licensing, the fact that some publishers are not currently embracing the opportunities TDM offers the academic community, and a lack of awareness of TDM among many academics, alongside a skills gap.

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

"Copyright Incentives in the GSU Appeals Court Ruling"

Posted in Copyright, E-Reserves, Publishing on November 14th, 2014

Kevin L. Smith has published "Copyright Incentives in the GSU Appeals Court Ruling" in Library Journal.

Here's an excerpt:

The word "incentive" appears ten times in the ruling issued last month by the Eleventh Circuit Court of Appeals in the Georgia State University (GSU) copyright infringement case, but it is slightly unclear in this rather odd opinion just who is the object of the incentive created by copyright.

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

UK Launches New Licensing Program for 91 Million Orphan Works

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on November 4th, 2014

The UK has launched a new licensing program for orphan works that will cover around 91 million works.

Here's an excerpt from the announcement:

A new licensing scheme launched today (29 October 2014) could give wider access to at least 91 million culturally valuable creative works-including diaries, photographs, oral history recordings and documentary films.

These works are covered by copyright, but rights holders cannot be found by those who need to seek permission to reproduce them. Under the new scheme, a licence can be granted by the Intellectual Property Office so that these works can be reproduced on websites, in books and on TV without breaking the law, while protecting the rights of owners so they can be remunerated if they come forward.

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

Fair-Use and E-Reserves: "A Reversal for Georgia State"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on October 20th, 2014

Kevin Smith has published "A Reversal for Georgia State" in Scholarly Communications @ Duke.

Here's an excerpt:

The Eleventh Circuit Court of Appeals has issued its ruling in the publisher appeal of a district court decision that found most instances of electronic reserve copying at Georgia State to be fair use. The appellate court ruling is 129 pages long, and I will have much more to say after I read it carefully. But the hot news right now is that the Court of Appeals has reversed the District Court's judgment and remanded the case back for proceedings consistent with the new opinion. The injunction issued by the District Court and the order awarding costs and attorney's fees to GSU have been vacated.

Read more about it at "Publishers Win Reversal of Court Ruling That Favored 'E-Reserves' at Georgia State U." and "A Win for Publishers."

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

"Bill Introduced in Congress to Let You Actually Own Things, Even if They Contain Software"

Posted in Copyright, Legislation and Government Regulation on September 22nd, 2014

Kit Walsh has published "Bill Introduced in Congress to Let You Actually Own Things, Even if They Contain Software in Deeplinks."

Here's an excerpt:

At last, someone in Congress has noticed how "intellectual property rights" are showing up in unexpected places and undermining our settled rights and expectation about the things we buy. Today, Representative Farenthold announced the introduction of the You Own Devices Act (YODA). If a computer program enables a device to operate, YODA would let you transfer ownership of a copy of that computer program along with the device. The law would override any agreement to the contrary (like the one-sided and abusive End-User License Agreements commonly included with such software). Also, if you have a right to receive security or bug fixes, that right passes to the person who received the device from you.

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

"Copyright’s Paradox: The Public Interest and Private Monopoly"

Posted in Copyright, Digital Copyright Wars on September 9th, 2014

Nicholas Ruiz has self-archived "Copyright's Paradox: The Public Interest and Private Monopoly."

Here's an excerpt:

Copyright in its current state presents two major concerns: 1) The broad scope of the derivative right undermines the idea/expression dichotomy and adds doubt in the minds of the secondary users; and 2) The custom of extending durations of "existing" copyrights is unconstitutional and is causing a stagnate public domain. As a consequence of these problems, the free flow of ideas and dissemination of information has been thwarted. In response to these problems, I have researched possible remedies, looking to copyright systems abroad, other legal scholars, our history, and other developed areas of law.

There must be some kind of mechanism to limit Congress' ability of extending existing copyright terms; otherwise the Constitutional mandate of a "limited" term will have no consequence. This comment suggests reinstating requisite formalities, the two-term copyright regime, and a new formulation of the derivative works right.

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

"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"

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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