Archive for the 'Copyright' Category

Intellectual Property and the U.S. Economy: Industries in Focus

Posted in Copyright on April 11th, 2012

The US Commerce Department has released Intellectual Property and the U.S. Economy: Industries in Focus.

Here's an excerpt from the press release:

While IP is used in virtually every segment of the U.S. economy, the report identifies the 75 industries that use patent, copyright, or trademark protections most extensively. These "IP-intensive industries" are the source—directly or indirectly—of 40 million jobs. That's more than a quarter of all the jobs in this country. Some of the most IP-intensive industries include: Computer and peripheral equipment, audio and video equipment manufacturing, newspaper and book publishers, Pharmaceutical and medicines, Semiconductor and other electronic components, and the Medical equipment space. . . .

The report has several important findings, including:

  • IP-intensive industries contributed $5.06 trillion to the U.S. economy or 34.8 percent of GDP in 2010.
  • 40 million jobs, or 27.7 percent of all jobs, were directly or indirectly attributable to the most IP-intensive industries in 2010.
  • Between 2010 and 2011, the economic recovery led to a 1.6 percent increase in direct employment in IP-intensive industries, faster than the 1.0 percent growth in non-IP-intensive industries.

| Digital Scholarship's Digital/Print Books | Digital Scholarship |

New French Law: Digital Exploitation of 20th Century Unavailable Books

Posted in Copyright on March 28th, 2012

France has implemented a new law on the Digital Exploitation of 20th Century Unavailable Books.

Here's an excerpt from the Library of Congress' summary:

This Law adds a new chapter to the French Intellectual Property Code, comprising articles L.134-1 to L.134-9. Article L. 134-1 provides that an unavailable book is "a book published in France before January 1, 2001, which is commercially unavailable and is not currently published in paper or digital format." (Id.) The Law creates a public database specifically dedicated to unavailable books, accessible at no charge, which will list these titles. . . .

After a book has been registered in the database for six months without any opposition, a collective management society approved by the Ministry of Culture will be authorized to grant a publisher a non-exclusive license for digital exploitation of the book for a period of five years, which will be renewable (art. L.134-3). . . .

In addition, the Law provides an exception for libraries. It states that the collective management society must authorize libraries that are accessible to the public to digitally reproduce at no cost and distribute to their patrons unavailable books, where a holder of the right to reproduce the work in its paper format has not been found within ten years of the first authorization to reproduce, provided that the library does not receive any commercial profit. If the collective management society refuses to grant such a right, it has to state the grounds for that refusal (art. L.134-8). The holder of the right to reproduce the work in its paper format may at any time request that the collective management society withdraw the right granted to a library (id).

| Google Books Bibliography | Digital Scholarship |

In AAP Meeting Video, RIAA Chairman Discusses How US ISPs Will Enforce Copyright Restrictions This July

Posted in Copyright, Digital Copyright Wars on March 25th, 2012

At the Association of American Publishers' 2012 Annual Meeting, Cary Sherman, Chairman and CEO of the Recording Industry Association of America, discussed how US ISPs will begin a copyright enforcement program this July. (See the AAP's USTREAM page, Content Industries and Copyright entry.)

The ISPs will be acting in accordance with a "Memorandum of Understanding" that outlines a graduated response and "mitigation measures."

Read more about it at "As ISPs Prepare to Police Web Piracy, Questions of Efficacy and Motive Remain," "ISP Copyright Alerts: Your Questions Answered," "ISP Piracy Warnings: What You Need to Know," and "RIAA Chief: ISPs to Start Policing Copyright by July 1."

| Scholarly Electronic Publishing Bibliography, Version 80 | Digital Scholarship |

"Wait for It. . . Commons, Copyright and the Private (Re)Ordering of Scientific Publishing"

Posted in Copyright, Open Access, Publishing on March 19th, 2012

Jorge L. Contreras has self-archived "Wait for It. . . Commons, Copyright and the Private (Re)Ordering of Scientific Publishing" in SSRN.

In this paper, Contreras critiques various open access strategies, and he proposes that publishers be granted one-year exclusive licenses as an alternative to these strategies.

| Transforming Scholarly Publishing through Open Access: A Bibliography | Digital Scholarship Publications Overview |

"Teaching with Google Books: Research, Copyright, and Data Mining"

Posted in Copyright, E-Books, Google and Other Search Engines, Mass Digitizaton on March 12th, 2012

Nathan Rinne has self-archived "Teaching with Google Books: Research, Copyright, and Data Mining" in E-LIS.

Here's an excerpt:

Google's Google Books site is a rich resource that is probably underutilized by most educators. It has all kinds of potential for a) getting students into the research process in a way that they will enjoy (for example, they can see how a famous quote has been used/quoted, find out which books cite the journal article they are interested in, or check to see if a specific book covers a topic that they want to explore, etc.); b) teaching them about the deeper civic purpose and the evolving state of copyright law; and, c) exploring, with the help of Google Book's Ngram viewer, the promise and ethics surrounding the issue of data-mining and "non-consumptive" research, or research that is accomplished by "mining" books for data, as opposed to reading them.

| Google Books Bibliography | Digital Scholarship |

"Orphan Works: Mapping the Possible Solution Spaces"

Posted in Copyright, Digital Copyright Wars on March 12th, 2012

David Robert Hansen has self-archived "Orphan Works: Mapping the Possible Solution Spaces" in SSRN.

Here's an excerpt:

This paper surveys a range of proposed orphan works solutions. The goal is to acquaint the reader with the wide variety of solution types, and to identify the positive and negative aspects of each. The paper discusses four general categories of proposed solutions to the orphan works problem: Remedy-limitation approaches, such as the one advocated in the 2006 U.S. Copyright office proposal, that are predicated on a user's good-faith, reasonable search for rights holders; administrative systems, such as the one adopted in Canada, that allow users to petition a centralized copyright board to license specific reuses of orphan works; access and reuse solutions that are tailored to rely upon the existing doctrine of fair use; and extended collective licensing schemes, which permit collective management organizations ('CMOs') to license the use of works that are not necessarily owned by CMO members, but that are representative of the CMO members' works.

| Scholarly Electronic Publishing Bibliography, Version 80 | Digital Scholarship |

Digital Copyright: Authors Guild Files Motion for Partial Judgment on the Pleadings in Authors Guild et al. v. Hathitrust et al.

Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on March 5th, 2012

The Authors Guild has filed a motion for partial judgment on the pleadings in the Authors Guild et al. v. Hathitrust et al. case.

Here's an excerpt from the associated "Memorandum of Law in Support of Plaintiffs' Motion for Partial Judgment on the Pleadings":

Defendants are wildly exceeding the special privileges Congress granted to libraries under Section 108 by systematically digitizing, reproducing, distributing and putting at risk millions of works through their mass book digitization program. Defendants' so-called orphan works program is similarly inimical to the Copyright Act, as it violates Section 108(h)'s explicit limitation of libraries' use of orphan works to the twenty year period preceding the end of their copyright term. Neither fair use under Section 107, nor any other statutory exception under the Copyright Act, can justify Defendants' systematic and concerted digitization, reproduction, distribution and other unauthorized uses of millions of copyright-protected library books. Accordingly, Plaintiffs urge the Court to grant their motion for partial judgment on the pleadings.

Read more about it at "GBS: Authors Guild Goes for an Early Knockout," "Guild Motion Asks for Quick Ruling on HathiTrust's Fair Use Defense," and "A Masterpiece of Misdirection."

| Digital Bibliographies | Digital Scholarship |

Two Videos on the Code of Best Practices in Fair Use for Academic and Research Libraries

Posted in Copyright on February 23rd, 2012

The UCLA Library has released two videos on ARL's Code of Best Practices in Fair Use for Academic and Research Libraries. Peter Jaszi and Brandon Butler are the featured speakers.

| Scholarly Electronic Publishing Bibliography, Version 80 | Digital Scholarship |

A New Day for Website Archiving 2.0

Posted in Copyright, Digital Curation & Digital Preservation on February 23rd, 2012

The Association of Research Libraries has released A New Day for Website Archiving 2.0.

Here's an excerpt:

A central issue in the fair use analysis is whether the use is "transformative." Campbell v. Acuff-Rose, 510 U.S. 569, 579 (1994). In the website archiving context, the question is whether a library's reproduction and subsequent display of entire websites without material alteration is "transformative." The case law and legal opinions discussed below all indicate that library website archiving for the purpose of preservation and scholarship is transformative as that term is used by courts in the fair use context.

| Digital Scholarship's Digital/Print Books | Digital Scholarship |

Pamela Samuelson et al. Send Letter to US District Court Judge Denny Chin about Authors Guild v. Google Case

Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on February 19th, 2012

Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law and Information at the UC Berkeley School of Law, and other scholars have sent a letter ("Academic Author Objections to Plaintiff's Motion for Class Certification") to US District Court Judge Denny Chin about class certification issues in the Authors Guild v. Google Case.

Here's an excerpt:

We believe that our works of scholarship are more typical of the contents of research library collections than works of the three named plaintiffs in this case. Betty Miles is the author of numerous children's books. Jim Bouton is a former baseball pitcher who has written both fiction and nonfiction books based on his experiences as a baseball player. Joseph Goulden is a professional writer who has written a number of nonfiction books on a variety of subjects, including a book about "superlawyers." None of these three are academic authors. Their books are aimed at a popular, rather than an academic, audience. As professional writers, their motivations and interests in having their books published would understandably be different, and likely more commercial, than those of academic scholars. Hence, our concern is that these three do not share the academic interests that are typical of authors of books in research library collections. As we explain further below, the clearest indication that the named plaintiffs do not share the same priorities typical of academic authors is their insistence on pursuing this litigation.

| Google Books Bibliography | Digital Scholarship |

How to Fix Copyright

Posted in Copyright, Digital Copyright Wars on February 7th, 2012

William Patry, Senior Copyright Counsel at Google, has published How to Fix Copyright (publisher's description).

Here's an excerpt:

Our current laws are the result of "lobbynomics," the continual use of exaggerated (and often false) claims and crises as an excuse to pass laws that are unnecessary and many times harmful. . . . We will never fix our laws unless we clean house and start all over again, this time on a sound, empirical basis: Simply adding on to a failed structure will no longer work.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

"Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws"

Posted in Copyright, Digital Copyright Wars on February 7th, 2012

The Library Copyright Alliance has released "Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws" by Jonathan Band.

Here's an excerpt:

The majority opinion in Golan closes the door on constitutional challenges to copyright statutes unless those statutes contain absolutely no time limits or directly undermine the idea/expression dichotomy or fair use. Justice Breyer failed to convince the Court that under the Constitution Congress had the authority to enact only utilitarian copyright statutes that incentivized the creation of new material. The majority opinion leaves Congress as the sole venue for fighting draconian copyright laws.

| Scholarly Electronic Publishing Bibliography, Version 80 | Digital Scholarship |


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