Archive for the 'Copyright' Category

What Does the HathiTrust Decision Mean for Libraries?

Posted in Copyright, Mass Digitizaton, Research Libraries on July 14th, 2014

The Library Copyright Alliance has released What Does the HathiTrust Decision Mean for Libraries?.

Here's an excerpt:

The decision also demonstrates how the fair use right applies in the context of a specific library activity: mass digitization. The decision clearly indicates that the acts of a library digitizing the works in its collection, and the library's storage of the resulting digital files, are fair uses under section 107 of the Copyright Act. The decision, however, provides less certainty concerning the permissible access to those digital files. The only form of full-text access it addresses directly is access by the disabled. To be sure, this is an incredibly important result for these individuals. But the court provides little specific guidance concerning the permissibility of other forms of access. Nonetheless, the court's more general pronouncements concerning fair use should be helpful to libraries trying to determine the range of permitted access to their mass digitization projects.

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

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    STM Releases Its Own Open Access Licenses

    Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on July 14th, 2014

    The International Association of Scientific, Technical & Medical Publishers (STM) has released its own collection of open access licenses.

    Here's an excerpt:

    STM believes that publishers should have the tools to offer a wide variety of appropriate licensing terms dependent on their economic model and business strategy. To that end, the Association has produced sample licences for a variety of uses within open access publishing.

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

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      European Commission Issues Action Plan for Infringements of Intellectual Property Rights

      Posted in Copyright on July 2nd, 2014

      The European Commission has issued an Action Plan for infringements of intellectual property rights.

      Here's an excerpt from the announcement:

      Here's an excerpt:

      The EU Action Plan sets out a number of actions to focus the EU's IPR enforcement policy on commercial scale infringements (the so-called 'follow the money' approach). The Strategy setting out an international approach examines recent changes and presents ways to improve the Commission's current means of action to promote enhanced IPR standards in third countries and to stem the trade in IPR infringing goods.

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

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        Economic Impacts of Adapting Certain Limitations and Exceptions to Copyright and Related Rights

        Posted in Copyright, Digital Copyright Wars, Digital Curation & Digital Preservation, Reports and White Papers on June 27th, 2014

        The European Commission has released Economic Impacts of Adapting Certain Limitations and Exceptions to Copyright and Related Rights.

        Here's an excerpt from the summary:

        The first part of the study is the report by Charles River Associates "Assessing the economic impacts of adapting certain limitations and exceptions to copyright and related rights in the EU" (Langus et al., 2013, henceforth "CRA Methodology Report"), which establishes a methodology to assess exceptions and limitations to copyright. . . .

        In turn, the present report uses the aforementioned methodology to assess the economic impacts of specific policy options in several topics of interest, in view of providing policy guidance on these topics. This report focuses on the following topics:

        • Digital preservation by cultural heritage and educational institutions;
        • The provision of remote access by cultural heritage and educational institutions to their collections for the benefit of their patrons;
        • E-lending by publicly accessible libraries;
        • Text and data mining for the purpose of scientific research;
        • Reproductions made by natural persons for private uses.

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          Software Patents: Alice Corp. v. CLS Bank Ruling

          Posted in Copyright on June 20th, 2014

          The Supreme Court has ruled in the Alice Corp. v. CLS Bank software patent case.

          Here's an excerpt from "Bad Day for Bad Patents: Supreme Court Unanimously Strikes Down Abstract Software Patent":

          In a long-awaited decision, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank today, striking down an abstract software patent. Essentially, the Court ruled that adding "on a computer" to an abstract idea does not make it patentable. Many thousands of software patents—particularly the vague and overbroad patents so beloved by patent trolls—should be struck down under this standard. Because the opinion leaves many details to be worked out (such as the scope of an "abstract idea"), it might be a few years until we understand its full impact.

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            "Liberating the Publications of a Distinguished Scholar: A Pilot Project"

            Posted in Copyright, Institutional Repositories, Open Access, Research Libraries, Scholarly Journals, Self-Archiving on June 20th, 2014

            Julie Kelly has published "Liberating the Publications of a Distinguished Scholar: A Pilot Project" in Issues in Science and Technology Librarianship.

            Here's an excerpt:

            Many distinguished scholars published the primary corpus of their work before the advent of online journals, which makes it more challenging to access. Upon being approached by a distinguished Emeritus Professor seeking advice about getting his work posted online, librarians at the University of Minnesota worked to gain copyright permissions to scan and upload older works to the University's Digital Conservancy (UDC). This project then uniquely took the process one step further, using the sharing option of RefWorks to make these works accessible to the widest possible audience while concurrently offering the sophisticated functionality of a citation manager. With open access repositories gaining acceptance as an authoritative long-term venue for making resources available online, including older content that can be digitized, the methods developed in this pilot project could easily be followed by others, thus greatly increasing access to older literature from distinguished scholars.

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              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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