Archive for the 'Copyright' Category

Georgia State University E-Reserves Copyright Case Ruling (Cambridge University Press et al. v. Patton et al.)

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on May 13th, 2012

The ruling is in for the Cambridge University Press et al. v. Patton et al. case.

Here's an excerpt from the ruling:

Of the 99 alleged infringements that Plaintiffs maintained at the start of trial, only 75 were submitted for post-trial findings of fact and conclusions of law. This Order concludes that the unlicensed use of five excerpts (of four different books) infringed Plaintiffs' copyrights. The question now is whether Georgia State's 2009 Copyright Policy caused those infringements. The Court finds that it did, in that the policy did not limit copying in those instances to decidedly small excerpts as required by this Order. Nor did it proscribe the use of multiple chapters from the same book. Also, the fair use policy did not provide sufficient guidance in determining the "actual or potential effect on the market or the value of the copyrighted work," a task which would likely be futile for prospective determinations (in advance of litigation). The only practical way to deal with factor four in advance likely is to assume that it strongly favors the plaintiff-publisher (if licensed digital excerpts are available).

Read more about it at "The GSU Decision—Not an Easy Road for Anyone" and “Inside the Georgia State Opinion.”

| Scholarly Electronic Publishing Bibliography 2010: "SEP [Scholarly Electronic Publishing Bibliography] is compiled with utter professionalism. It reminds me of the work of the best artisans who know not only every item that leaves their workshops, but each component used to create them—providing the ideal quality control." — Péter Jacsó ONLINE 27, no. 3 (2003): 73-76. | Digital Scholarship |

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Public Domain: Communia Final Report

Posted in Copyright, Public Domain, Reports and White Papers on May 10th, 2012

The Communia has released the Communia Final Report.

Here's an excerpt:

This Public[3] Report is the outcome of the work of the COMMUNIA Network on the Digital Public Domain (hereinafter "COMMUNIA"). This Report was undertaken to (i) review the activities of COMMUNIA; (ii) investigate the state of the digital public domain in Europe; and (iii) recommend policy strategies for enhancing a healthy public domain and making digital content in Europe more accessible and usable.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

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"Orphan Works as Grist for the Data Mill"

Posted in Copyright, Digital Copyright Wars on May 9th, 2012

Matthew Sag has self-archived "Orphan Works as Grist for the Data Mill" in SSRN.

Here's an excerpt:

The phenomenon of library digitization in general, and the digitization of so-called "orphan works" in particular, raises many important copyright law questions. However, as this article explains, correctly understood, there is no orphan works problem for certain kinds of library digitization. . . .

The nonexpressive use of copyrighted works has tremendous potential social value: it makes search engines possible, it provides an important data source for research in computational linguistics, automated translation and natural language processing. And increasingly, the macro-analysis of text is being used in fields such as the study of literature itself. So long as digitization is confined to data processing applications that do not result in infringing expressive or consumptive uses of individual works, there is no orphan works problem because the exclusive rights of the copyright owner are limited to the expressive elements of their works and the expressive uses of their works.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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Copyright: "IP Watchlist 2011"

Posted in Copyright on May 8th, 2012

Consumers International has released the "IP Watchlist 2011" .

Here's an excerpt:

The Consumers International (CI) IP Watchlist, now in its third year, assesses the fairness of the world's intellectual property (IP) laws and enforcement practices from an important yet under-represented perspective: that of the ordinary consumer. Using a detailed checklist of over 50 criteria, applied to over 20 countries, the Watchlist provides a snapshot of how a number of the world's major IP regimes support, or fail to support, consumers' access to educational, cultural and scientific knowledge.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

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"Abandoning the Orphans: An Open Access Approach to Hostage Works"

Posted in Copyright, Open Access on May 7th, 2012

Lydia Pallas Loren has self-archived "Abandoning the Orphans: An Open Access Approach to Hostage Works" in SSRN.

Here's an excerpt:

Metaphors shape how we approach challenging legal issues. Reorienting the metaphor from "orphans" to "hostages" illuminates the real problem with copyright owners that cannot be located: lock-up of expressive works. Solving the hostage work problem requires creating protections for those who act as "special forces" and free the hostages. If an entity is not negligent in gathering and disclosing information that identifies a work as a "hostage work" and that entity provides an open access copy of the work together with the hostage freeing information, then that entity should be immune from monetary liability for infringement. Copyright owners should retain the ability to obtain injunctive relief to either correct inaccurate status or owner information, or obtain removal of the digital copy of the work from an open access database. This injunctive power would translate into an enforceable obligation of open access providers to update inaccurate information and remove works inappropriately designated as hostage works. For derivative work creators, courts should freely apply equitable doctrines to prevent inappropriate injunctive relief and limit the ability of later re-surfacing copyright owners to sue derivative work creators.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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"How Institutionalized Are Model License Use Terms: An Analysis of E-journal License Use Rights Clauses from 2000-2009"

Posted in Copyright, Electronic Resources, Licenses on April 17th, 2012

College & Research Libraries has released "How Institutionalized Are Model License Use Terms: An Analysis of E-journal License Use Rights Clauses from 2000-2009," a preprint by Kristin R. Eschenfelder et al.

Here's an excerpt:

This paper explored the degree to [which] use terms proposed by model licenses have become institutionalized across different publishers' licenses. It examined model license use terms in four areas: downloading, scholarly sharing, interlibrary loan and electronic reserves. Data collection and analysis involved content analysis of 224 electronic journal licenses spanning 2000-2009. Analysis examined how use terms changed over time, differences between consortia and site license use terms and differences between commercial and non-commercial publisher license use terms. Results suggest that some model license use terms have become institutionalized while others have not.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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Supreme Court to Hear First-Sale Doctrine Case Next Term

Posted in Copyright on April 16th, 2012

The Supreme Court will hear an important first-sale doctrine case (Supap Kirtsaeng v. John Wiley & Sons) in its next term.

Here's an excerpt from the case summary:

The question presented is how these [first-sale doctrine] provisions apply to a copy that was made and legally acquired abroad and then imported into the United States. Can such a foreign-made product never be resold within the United States without the copyright owner's permission, as the Second Circuit held in this case? Can such a foreign-made product sometimes be resold within the United States without permission, but only after the owner approves an earlier sale in this country, as the Ninth Circuit held in Costco? Or can such a product always be resold without permission within the United States, so long as the copyright owner authorized the first sale abroad, as the Third Circuit has indicated?

Read more about it at "First Sale Goes to the Supreme Court, Again" and "Supreme Court Will Hear Case over Foreign Textbooks Imported and Resold in U.S."

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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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.

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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 |

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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 |

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"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 |

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"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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