Archive for the 'Copyright' Category

"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 |

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    "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 |

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      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 |

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        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 |

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          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 |

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            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 |

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              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 |

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                "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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