Archive for the 'Copyright' Category

Only 20.56 % of Jounals in DOAJ Use CC BY or CC BY-SA License

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Scholarly Journals on February 17th, 2014

The post "CC-BY Dominates under the Creative Commons licensed Journals in the Directory of Open Access Journals (DOAJ)" analyzes the use of Creative Commons licences by journals in the Directory of Open Access Journals.

Here's an excerpt:

A total of 2,016 (or 20.56 %) of the guided journal in DOAJ therefore use a license (CC-BY or CC-BY-SA), which is compatible with the requirements of the Open Definition and allow a restriction-free use of the contents within the meaning of Open Access defined the Budapest Open Access Initiative, the RCUK Open Access policy and the Berlin Declaration.

If we consider the subset of journals that use any CC license that the claims of the Open Definition sufficient licenses dominate even slightly: About 54% of all journals that use a CC license , use either CC-BY ( 52.77 %) or CC-BY-SA (1.40 %). Surprisingly low is the proportion of journals which use the most restrictive CC license CC-BY-NC-ND : Only 737 journals (7.52 % of all journals and 19.80% under the CC-licensed journals). This license variant neither allows edits or allows to create derivative works (such as translations) nor a commercial use is possible. Surprisingly allow more than half (2,060, 55.35 %) of which is under a CC license Journals a commercial exploitation of the contents, only 44.65% (1662) prohibit this.

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    E-print Copyright Debate Continues: "Its the Content, Not the Version!"

    Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Scholarly Journals on February 7th, 2014

    Kevin Smith has published "Its the Content, Not the Version!" in Scholarly Communications @ Duke.

    Here's an excerpt:

    Throughout this discussion, the proponents of the position that copyright is transferred only in a final version really do not make any legal arguments as such, just an assertion of what they wish were the situation (I wish it were too). But here is a legal point—the U.S. copyright law makes the difficulty with this position pretty clearly in section 202 when it states the obvious principle that copyright is distinct from any particular material object that embodies the copyrighted work. So it is simply not true to say that version A has a copyright and version B has a different copyright.

    See also: "Where Copyrights Come from (Part I)—Copyediting Does–Not–Create a New Copyright" by Nancy Sims.

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      "Guest Post: Charles Oppenheim on Who Owns the Rights to Scholarly Articles"

      Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Scholarly Journals on February 5th, 2014

      Charles Oppenheim has published "Guest Post: Charles Oppenheim on Who Owns the Rights to Scholarly Articles" in Open and Shut.

      Here's an excerpt:

      Posting D [draft article] on an OA repository is the so-called "Harnad-Oppenheim" solution, first proposed by Stevan Harnad and me more than 10 years ago.

      When the solution was first enunciated, publishers dismissed it for two reasons: firstly, why would anyone want to read a draft when the final perfect version can be obtained via the publisher? And secondly, it would be difficult to track down a copy of D anyway. Their comments remain valid today, though the second one is not as strong because of services such as Google Scholar. But no publisher suggested that the solution was illegal because publishers owned the copyright to D, and they were right not to do so. The law is clear that I own the copyright in D. That is why I am so puzzled that some recent non-publisher commentators seem to think publishers own the copyright in D.

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        "Last Sale? Libraries’ Rights in the Digital Age"

        Posted in Copyright, Digital Copyright Wars, Licenses on February 4th, 2014

        Jennifer Jenkins has published "Last Sale? Libraries' Rights in the Digital Age" in College & Research Libraries News.

        Here's an excerpt:

        What's the difference between a sale and license? Normally, the law is skeptical of limitations on transfers of property. Can Snickers say you merely "licensed" that candy bar because there was fine print on the label? A court would be unlikely to agree. Can libraries argue that though e-books come with "a license," the library is nevertheless an "owner" with first sale rights? The answer at the moment is "probably not."

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          Subcommittee on Courts, Intellectual Property, and the Internet Scope of Fair Use Hearing

          Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on February 3rd, 2014

          The House Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on the scope of fair use on 1/28/14 (video).

          Here's an excerpt from "Fair Use Takes Center Stage at Judiciary Committee Hearing": :

          One area that got significant attention was the topic of mass digitization, which has been repeatedly determined by courts to be a fair and transformative use. Not only is it fair, but as Professor Peter Jaszi noted during the hearing it is also tremendously beneficial, enabling the indexing and searching of huge sets of works.

          Several panelists, however, pointed to the legal status of mass digitization as evidence of "fair use creep," stressing its supposed lack of "transformative" quality over the other fair use considerations. That's a mistake. Mass digitization is absolutely the sort of thing fair use is supposed to enable. Fair use is a flexible doctrine, not a rigid list of exceptions, so that it can accommodate changes in practices or technology.

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            "Setting the Record Straight about Elsevier"

            Posted in Copyright, Publishing, Scholarly Journals, Self-Archiving on January 29th, 2014

            Kevin Smith has published "Setting the Record Straight about Elsevier" in Scholarly Communications @ Duke.

            Here's an excerpt:

            Each [article] version is a revision of the original, and the copyright is the same for all these derivatives. When copyright is transferred to a publisher, the rights in the entire set of versions, as derivatives of one another, are included in the transfer. Authors are not allowed to use their post-prints because the rights in that version are not covered in the transfer; they are allowed to use post-prints only because the right to do so, in specified situations, is licensed back to them as part of the publication agreement.

            Once a copyright transfer has been signed, all of the rights that the author may still have are because of specific contractual terms, which are usually contained in the transfer document itself. In short, these agreements usually give all of the rights under copyright to the publisher and then license back very small, carefully defined slivers of those rights back to the author. One of those slivers is often, but not always, the right to use a submitted version, or post-print, in carefully limited ways.

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              "’Safe Harbor’ for the Innocent Infringer in the Digital Age"

              Posted in Copyright, Digital Copyright Wars on January 27th, 2014

              Tonya M. Evans has self-archived "'Safe Harbor' for the Innocent Infringer in the Digital Age" in SSRN.

              Here's an excerpt:

              The primary goal of this Article is three-fold: (1) to explore the role of the innocent infringer archetype historically and in the digital age; (2) to highlight the tension between customary and generally accepted online uses and copyright law that compromise efficient use of technology and progress of the digital technologies, the Internet, and society at large; and (3) to offer a legislative fix in the form of safe harbor for direct innocent infringers. Such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far easier than ever to commit, extremely difficult to police, and often causes little, if any, cognizable market harm.

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                "E-Book Monopolies and the Law"

                Posted in Copyright, Digital Rights Management, E-Books, Publishing on January 22nd, 2014

                Angela Daly has self-archived "E-Book Monopolies and the Law" in SSRN

                Here's an excerpt:

                This article will examine the legality of the digital rights management ("DRM") measures used by the major e-book publishers and device manufacturers in the United States, European Union and Australia not only to enforce their intellectual property rights but also to create monopolistic content silos, restrict interoperability and affect the ability for users to use the content they have bought in the way they wish. The analysis will then proceed to the recent competition investigations in the US and EU over price-fixing in e-book markets, and the current litigation against Amazon in the US for an alleged abuse of its dominant position. A final point will be made on possible responses in Australia to these issues taking into account the jurisprudence on DRM in other scenarios.

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