Archive for the 'Copyright' Category

Is It in the Public Domain?

Posted in Copyright on June 16th, 2014

The Samuelson Clinic has released Is It in the Public Domain?.

Here's an excerpt from the announcement:

Here's an excerpt:

The handbook walks readers though a series of questions—illustrated by accompanying charts—to help readers explore whether a copyrighted work from that time is in the public domain, and therefore free to be used without permission from a copyright owner. Knowing whether a work is in the public domain or protected by copyright is an important first step in any decision regarding whether or how to make use of a work.

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    EU Advocate General Issues Opinion on Library Digitization

    Posted in Copyright, Digital Copyright Wars, Digitization, Libraries, Mass Digitizaton, Research Libraries on June 6th, 2014

    The European Union's Advocate General has issued an opinion on library digitization.

    Here's an excerpt from the announcement:

    Here's an excerpt:

    Next, the Advocate General considers that the directive does not prevent Member States from granting libraries the right to digitise the books from their collections, if their being made available to the public by dedicated terminals requires it. That may be the case where it is necessary to protect original works which, although still covered by copyright, are old, fragile or rare. That may also be the case where the work in question is consulted by a large number of students and its photocopying might result in disproportionate wear.

    However, Mr Jääskinen makes clear that the directive permits not the digitisation of a collection in its entirety, but only the digitisation of individual works. It is particularly important not to opt to use dedicated terminals where the sole purpose of doing so is to avoid the purchase of a sufficient number of physical copies of the work.

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      "Copyright Roundup 3—Changes in UK Law"

      Posted in Copyright, Digital Copyright Wars on June 2nd, 2014

      Kevin Smith has published "Copyright Roundup 3—Changes in UK Law" in Scholarly Communications @ Duke.

      Here's an excerpt:

      Second, the British are now adopting an exception for text and data mining into their law. This is huge, and reinforces the idea I have expressed before that libraries should be reluctant about agreeing to licensing terms around TDM; the rights are likely already held by users in many cases, so those provisions really would have the effect, despite being promoted as assisting research, of putting constraints (and sometimes added costs) on what scholars can already do. This is probably true in the U.S., where fair use likely gets us further than vendor licenses would, and it has now been made explicit in the U.K.

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        Open WiFi and Copyright: A Primer for Network Operators

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

        EFF has released Open WiFi and Copyright: A Primer for Network Operators.

        Here's an excerpt from the announcement:

        At EFF, we are big fans of open wireless. But we also know that operators of open networks sometimes worry that they could be legally responsible if people use their networks to engage in copyright infringement. We've put together a short white paper that generally explains the scope and limits of operator liability for the acts of users, and additional steps network operators may choose to take to further limit their legal risk. As we explain in the paper, copyright liability for the acts of your users is less likely than you might think, as long as you (1) simply provide a means of transmission; and (2) act reasonably and responsibly.

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          WIPO Talks Collapse on Copyright Exceptions for Libraries Issue

          Posted in Copyright, Libraries on May 7th, 2014

          World Intellectual Property Organization talks on copyright exceptions for libraries have collapsed over EU concerns.

          Here's an excerpt from the press release:

          Discussions by the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright & Related Rights (SCCR) broke down in the early hours of Saturday morning 3 May, after the European Union (EU) attempted to block future discussion of copyright laws to aid libraries and archives fulfill their missions in the digital environment. . . .

          The meeting ended in disarray at 1:30am on Saturday morning, after the EU tried to have crucial references to “text-based” work on copyright exceptions removed from the meeting conclusions—a move viewed by other Member States and library and archive NGOs present as an attempt to delay, if not derail, any progress on copyright exceptions at WIPO.

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            Guarding Against Abuse: Restoring Constitutional Copyright

            Posted in Copyright on May 5th, 2014

            R Street has released Guarding Against Abuse: Restoring Constitutional Copyright.

            Here's an excerpt:

            Conservatives who care about the original public meaning of the Constitution must not abandon our constitutional obligation. Conservatives believe that the words of the Constitution mean something. If the words mean something, if they mean anything, then copyright must expire. . . .

            Overall, we can be supporters of a copyright regime that protects and compensates creators, a noble goal, while recognizing that the current system has gone haywire. It's time to restore our founding principles and recognize that constitutional copyright would unleash new creativity and economic growth.

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              “The Demand for Out-of-Print Works and Their (Un)Availability in Alternative Markets”

              Posted in Copyright, Publishing on March 20th, 2014

              Paul J. Heald has self-archived “The Demand for Out-of-Print Works and Their (Un)Availability in Alternative Markets.”

              Here's an excerpt:

              Prior studies demonstrate the shocking unavailability of most books published in the 20th Century, prompting The Atlantic Monthly headline: How Copyright Made Mid-Century Books Vanish. The unavailability of new editions of older works would be less problematic, however, if little consumer demand existed for those works. In addition, the lack of new editions would be much less troubling if the works were easily available in alternative forms or markets. Newly collected data provides evidence of the demand for out-of-print books and then charts the availability of out-of-print works in digital form (eBooks and .mp3), in used book stores, and in public libraries. The situation with books remains dismal, although music publishers on iTunes seem to be doing a much better job of digitizing older works and making them available than do book publishers. Some theories for this discrepancy are offered.

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                "Can Formalities Save the Public Domain? Reconsidering Formalities for the 2010s"

                Posted in Copyright, Digital Copyright Wars, Public Domain on March 18th, 2014

                Niva Elkin-Koren has published "Can Formalities Save the Public Domain? Reconsidering Formalities for the 2010s" in The Berkeley Technology Law Journal.

                Here's an excerpt:

                In essence, formalities advocates argue that current copyright law protects too many works, and shifting back to an opt-in regime would help restore the balance in copyright law between incentives and access. Restoring formalities would arguably expand the public domain by increasing the number of works in which copyright is not affirmatively claimed. It has been further suggested that works of unknown authorship are underused. 8 This is due to uncertainty about whether they are protected by copyright or not, which creates a chilling effect. A notice requirement would signal to potential users which works are protected by copyright. A notice would also generate the information necessary for licensing, thereby facilitating the clearance of rights and reducing the problem of orphan works.

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