Archive for the 'Copyright' Category

"Copyright Reform Is Never Happening"

Posted in Copyright, Digital Copyright Wars on April 18th, 2017 by Charles W. Bailey, Jr.

Andrew Albanese has published "Copyright Reform Is Never Happening" in Publishers Weekly.

Here's an excerpt:

But here's what’s most troublesome to me: this bill [the Register of Copyrights Selection and Accountability Act (H.R. 1695)] can so easily be seen as an attempt to keep Maria Pallante's views on copyright intact at the Copyright Office, that it could very well taint anything that might eventually come from the House Judiciary Committee review.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"Looking into Pandora’s Box: The Content of Sci-Hub and Its Usage"

Posted in Copyright, Digital Copyright Wars, Publishing, Scholarly Journals on April 11th, 2017 by Charles W. Bailey, Jr.

Bastian Greshake has self-archived "Looking into Pandora's Box: The Content of Sci-Hub and Its Usage."

Here's an excerpt:

By utilizing the recently released corpus of Sci-Hub and comparing it to the data of ~28 million downloads done through the service, this study tries to address some of these questions. The comparative analysis shows that both the usage and complete corpus is largely made up of recently published articles, with users disproportionately favoring newer articles and 35% of downloaded articles being published after 2013. These results hint that embargo periods before publications become Open Access are frequently circumnavigated using Guerilla Open Access approaches like Sci-Hub.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"National Library Groups Oppose Bill to Make Register of Copyrights a Presidential Appointee"

Posted in Copyright, Legislation and Government Regulation on March 27th, 2017 by Charles W. Bailey, Jr.

Kara Malenfant has published "National Library Groups Oppose Bill to Make Register of Copyrights a Presidential Appointee" in ACRL Insider.

Here's an excerpt:

It’s also difficult to understand how the public or Congress itself would benefit from politicization of the Register of Copyrights' position by making it subject to presidential appointment and Senate confirmation, as this legislation proposes. Such politicization of the position necessarily would result in a Register more actively engaged in policy development than in competent management and modernization.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"Leveraging Exceptions and Limitations for Digital Curation and Online Collections: The U.S. Case"

Posted in Copyright, Digital Archives and Special Collections, Digital Copyright Wars, Digital Curation & Digital Preservation on March 17th, 2017 by Charles W. Bailey, Jr.

Patricia Aufderheide has published "Leveraging Exceptions and Limitations for Digital Curation and Online Collections: The U.S. Case" in Libellarium: Journal for the Research of Writing, Books, and Cultural Heritage Institutions.

Here's an excerpt:

Librarians wanting to use digital affordances for their patron’s and public benefit have increasingly found themselves frustrated by copyright law designed for a pre-digital era. In the U.S., this frustration has driven the nation’s most prestigious library group, the Association of Research Libraries, to explore the utility of the major exception to copyright monopoly rights, fair use, in order to accomplish basic curation and collection goals in a digital era. The ARL's efforts to clarify how libraries can employ fair use has resulted in sometimes-dramatic changes in how work is done, and has permitted innovation at some universities. Its approach demonstrates the power of consensus in a professional field to permit innovation within the law.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"Copyright Compliance and Infringement in ResearchGate Full-Text Journal Articles"

Posted in Copyright, Digital Copyright Wars, E-Prints, Open Access, Publishing, Scholarly Journals, Self-Archiving on March 2nd, 2017 by Charles W. Bailey, Jr.

Hamid R. Jamali has self-archived "Copyright Compliance and Infringement in ResearchGate Full-Text Journal Articles."

Here's an excerpt:

This study aims to investigate the extent to which ResearchGate members as authors of journal articles comply with publishers' copyright policies when they self-archive full-text of their articles on ResearchGate. . . . The key finding was that 201 (51.3%) out of 392 non-OA articles infringed the copyright and were non-compliant with publishers' policy. While 88.3% of journals allowed some form of self-archiving (SHERPA/RoMEO green, blue or yellow journals), the majority of non-compliant cases (97.5%) occurred when authors self-archived publishers' PDF files (final published version).

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"’Notice-and-Stay-Down’ Is Really ‘Filter-Everything’"

Posted in Copyright, Digital Copyright Wars on February 24th, 2017 by Charles W. Bailey, Jr.

Elliot Harmon has published "'Notice-and-Stay-Down' Is Really 'Filter-Everything'" in Deeplinks.

Here's an excerpt:

There's a debate happening right now over copyright bots, programs that social media websites use to scan users’ uploads for potential copyright infringement. A few powerful lobbyists want copyright law to require platforms that host third-party content to employ copyright bots, and require them to be stricter about what they take down. Big content companies call this nebulous proposal "notice-and-stay-down," but it would really keep all users down, not just alleged infringers. In the process, it could give major content platforms like YouTube and Facebook an unfair advantage over competitors and startups (as if they needed any more advantages). "Notice-and-stay-down" is really "filter-everything."

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"Copyright: The Immoveable Barrier That Open Access Advocates Underestimated"

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Scholarly Journals on February 21st, 2017 by Charles W. Bailey, Jr.

Richard Poynder has published "Copyright: The Immoveable Barrier That Open Access Advocates Underestimated."

Here's an excerpt:

In calling for research papers to be made freely available open access advocates promised that doing so would lead to a simpler, less costly, more democratic, and more effective scholarly communication system. To achieve their objectives they proposed two different ways of providing open access: green OA (self-archiving) and gold OA (open access publishing). However, while the OA movement has succeeded in persuading research institutions and funders of the merits of open access, it has failed to win the hearts and minds of most researchers. More importantly, it is not achieving its objectives. There are various reasons for this, but above all it is because OA advocates underestimated the extent to which copyright would subvert their cause.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

EFF Submits Amicus Brief in Cambridge Press v. Georgia State University E-Reserves Copyright Case

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries on February 20th, 2017 by Charles W. Bailey, Jr.

The EFF has submitted an Amicus Brief in the Cambridge Press v. Georgia State University case.

Here's an excerpt from the announcement:

On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians' and students' rights to make fair use of excerpts from academic books and research.

Nearly a decade ago, three of the largest academic publishers in the world—backed by the Association of American Publishers (AAP) trade group—sued Georgia State University (GSU) for copyright infringement . . . GSU argued that posting excerpts in the e-reserve systems was a "fair use " of the material, thus not subject to licensing fees. GSU also changed its e-reserve policy to ensure its practices were consistent with a set of fair use best practices that were developed pursuant to a broad consensus among libraries and other stakeholders. . . .

But that was not enough to satisfy the publishers. Rather than declare victory, they've doggedly pursued their claims. It seems the publishers will not be content until universities and libraries agree to further decimate their budgets. As we explain in our brief, that outcome would undermine the fundamental purposes of copyright, not to mention both the public interest, and the interests of the authors of the works in question.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"An Empirical Study of Law Journal Copyright Practices"

Posted in Copyright, Open Access, Publishing, Scholarly Journals on February 9th, 2017 by Charles W. Bailey, Jr.

Brian L. Frye, Christopher J. Ryan, Jr., and Franklin L. Runge have published "An Empirical Study of Law Journal Copyright Practices" in the Review of Intellectual Property Law.

Here's an excerpt:

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright Best Practices for Law Journals in order to encourage both open-access publishing and fair use.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

Creative Commons Releases CC Search Beta

Posted in Copyright, Creative Commons/Open Licenses, Google and Other Search Engines, Open Access on February 8th, 2017 by Charles W. Bailey, Jr.

The Creative Commons has released CC Search Beta.

Here's an excerpt from the announcement:

Our goal is to cover the whole commons, but we wanted to develop something people could test and react to that would be useful at launch. To build our beta, we settled on a goal to represent one percent of the known Commons, or about 10 million works, and we chose a vertical slice of images only, to fully explore a purpose-built interface that represented one type but many providers. . . .

After a detailed review of potential sources, the available APIs, and the quality of their datasets, we selected the Rijksmuseum, Flickr, 500px, the New York Public Library as our initial sources. Later, after discussions with the Metropolitan Museum of Art regarding their collection of public domain works, which were released under CC0 on February 7, 2017, we incorporated their 200,000 CC0 images as well. . . .

The prototype of this tool focuses on photos as its first media and uses open APIs in order to index the available works. The search filters allow users to search by license type, title, creator, tags, collection, and type of institution.

CC Search Beta also provides social features, allowing users to create and share lists as well as add tags and favorites to the objects in the commons, and save their searches. Finally, it incorporates one-click attribution, giving users pre-formatted copy for easy attribution.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

Metropolitan Museum of Art Puts Images of Public Domain Artworks under Creative Commons Zero (CC0) License

Posted in Copyright, Creative Commons/Open Licenses, Museums, Open Access on February 8th, 2017 by Charles W. Bailey, Jr.

The Metropolitan Museum of Art has put images of public domain artworks under the Creative Commons Zero (CC0) License.

Here's an excerpt from the announcement:

This morning, we announced a major update to the Museum's policy governing the use and reuse of images in our collection: all images of public-domain artworks in the Museum's collection are now available for free and unrestricted use under Creative Commons Zero (CC0). This updated policy, known as Open Access, enables everyone to utilize more than 375,000 images of public-domain artworks in The Met's collection in any media without permission or fee.

See also: "Introducing Open Access at The Met."

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"Out of Print: The Orphans of Mass Digitization"

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Public Domain, Publishing on January 30th, 2017 by Charles W. Bailey, Jr.

Mary Murrell has published "Out of Print: The Orphans of Mass Digitization" in Current Anthropology.

Here's an excerpt:

In the 2000s an interconnected set of elite projects in the United States sought to digitize "all books in all languages" and make them available online. These mass digitization projects were efforts to absorb the print book infrastructure into a new one centered in computer networks. Mass book digitization has now faded from view, and here I trace its setbacks through a curious figure—the "orphan"—that emerged from within these projects and acted ultimately as an agent of impasse. In legal policy debates, an "orphan" refers to a copyrighted work whose owner cannot be found, but its history, range of meanings, and deployments reveal it to be considerably more complex. Based on fieldwork conducted at a digital library engaged in mass digitization, this paper analyzes the "orphan" as a personifying metaphor that digital library activists embraced in order to challenge and/or disrupt the social relations that adhere in and around books.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

AAP and RIAA (and Others) Send Letters to Trump

Posted in Copyright, Digital Copyright Wars on December 16th, 2016 by Charles W. Bailey, Jr.

The AAP and the RIAA (and others) have send letters to Donald Trump expressing copyright concerns.

Here's the AAP letter.

Here's an excerpt:

Provisions of the Digital Millennium Copyright Act ("DMCA"), which Congress enacted in 1998 to encourage online availability of popular copyrighted works while promoting a balance of interests and cooperation between copyright owners and Internet service providers in dealing with online infringement of such works, wildly succeeded in encouraging such availability. However, the relevant DMCA provisions do not achieve that intended balance and cooperation due to numerous instances of judicial misapplication and the unanticipated appearance of service provider business models that foster, exploit and profit from online infringement by their users while offering only token compliance with the law.

Here's the RIAA letter.

Here's an excerpt:

However, much more needs to be done. Search engines, user upload content platforms, hosting companies, and domain name registrars and registries should follow others' example to effectively stop theft and assure fair payment.

Further, there is a massive "value grab" as some of these corporations weaken intellectual property rights for America's creators by exploiting legal loopholes never intended for them—perversely abusing U.S. law to underpay music creators, thus harming one of America's economic and job engines.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

Draft Model Publishing Contracts for Digital Scholarship Released

Posted in Copyright, Publishing, Scholarly Books on December 15th, 2016 by Charles W. Bailey, Jr.

Emory University and the University of Michigan have released draft versions of two model publishing contracts for digital scholarship.

Here's an excerpt from the announcement:

In order to ensure this contract meets the needs of both authors and publishers, we are soliciting feedback from authors, publishers, and other interested stakeholders, and will make draft versions of these documents publicly available for comment. Materials will be available for review until February 15, 2017, at which time we will incorporate feedback into a revised version of the documents, which will be shared publicly and available for adoption, reuse, and modification.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

Assessing the Operation of Copyright and Related Rights Systems: Methodology Framework

Posted in Copyright on December 12th, 2016 by Charles W. Bailey, Jr.

The Finnish Foundation for Cultural Policy Research has released Assessing the Operation of Copyright and Related Rights Systems: Methodology Framework.

Here's an excerpt:

The methodology, such as it is outlined in the framework, can serve as a basis for the formulation of copyright and related rights policies and strategies at the national level. It can therefore facilitate further development of the copyright system. The methodology framework consists of relevant key indicators that are useful in identifying trends and good practices while acknowledging the different contexts in which the national copyright systems operate. Assessing the operation of the copyright system increases transparency and provides an information base for public discussion on copyright policy.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

"Blockchain Technology as a Regulatory Technology: From Code Is Law to Law Is Code"

Posted in Copyright, Emerging Technologies on December 7th, 2016 by Charles W. Bailey, Jr.

Primavera De Filippi and Samer Hassan have published "Blockchain Technology as a Regulatory Technology: From Code Is Law to Law Is Code" in First Monday.

Here's an excerpt:

To illustrate the extent to which blockchain code can assume the function of law, let us take the example of a hypothetical blockchain-based DRM system. Copyright law introduces "artificial scarcity" in the realm of information, by prohibiting (or constraining) the reproduction of creative works without the consent of the corresponding right holders. Yet, given the ease with which one can produce an identical copy of a digital work, copyright infringement has become widespread in the digital world. Since many years already, content providers have been relying on technological means (such as DRM systems, or other technological measures of protection) to restrain the way in which content can be accessed, used or reused by introducing a new set of technical rules, as a complement to the legal provisions of copyright law. Yet, most of these systems are limited by the fact that it is impossible to distinguish one digital file from another. By leveraging on the transparency and immutability of blockchain technologies, it is possible to restore the unicity and transferability of digital works, by linking every digital copy to a particular token on the blockchain. Authors can then associate these tokens with a particular set of rights to their digital works and trade them in the same way as they would trade digital tokens. Blockchain technology can thus be used to implement "artificial scarcity" at the level of each individual file—thus potentially allowing for the reintroduction of the first sale doctrine [11] in the digital realm, without the need to rely on any contractual or legal means.

Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Share

Page 2 of 5712345...102030...Last »

DigitalKoans

DigitalKoans

Digital Scholarship

Copyright © 2005-2017 by Charles W. Bailey, Jr.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International license.