Archive for the 'Copyright' Category

Peter Suber Wins 2011 L. Ray Patterson Copyright Award

Posted in ALA, Copyright, Open Access, People in the News on April 6th, 2011

Peter Suber has been named as the winner of the 2011 L. Ray Patterson Copyright Award by ALA's Office for Information Technology Policy's Copyright Advisory Subcommittee.

Here's an excerpt from the press release:

The annual award recognizes contributions of an individual or group that pursues and supports the Constitutional purpose of the U.S. Copyright Law, fair use and the public domain. The award is named after L. Ray Patterson, a key legal figure who explained and justified the importance of the public domain and fair use. Fair use is a key exception of the copyright law that allows for the use of a copyright without prior authorization and helps to promote learning, new creativity, scholarship and criticism.

Professor Suber is being recognized for his work in the open access movement that began in academia in response to increasing costs of scholarly journals. His goal is to provide free, public access to scientific information for the public good as well as provide an alternative venue for scientific publishing, one outside of the price-inflated research journal marketplace. Suber is a professor of philosophy at Earlham College, a senior researcher at Scholarly Publishing and Academic Resources Coalition (SPARC), and a Fellow at Harvard University Library’s Office for Scholarly Communication. He also is member of the Board of Enabling Open Scholarshipand serves as Open Access Project Director at Public Knowledge.

Among his colleagues in our nation's capital, Suber is regarded as a leader in the quest to protect open access.

"There is no greater champion for open access than Peter Suber," Gigi B. Sohn, president and co-founder of Public Knowledge, said."The open access concept — that the public should have access to research that is paid for with tax dollars — may seem to be common sense, but it is not widely accepted in Washington. Peter has led a multi-year crusade to implement the idea, often in the face of determined corporate opposition. The American Library Association chose well in selecting Peter for this splendid award."

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

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    A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

    Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on April 3rd, 2011

    The Library Copyright Alliance has released A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement.

    Here's an excerpt from the press release:

    This guide is the latest in a series prepared by LCA legal counsel Jonathan Band to help inform the library community about this landmark legal dispute.

    In the Guide Part IV, Band explains why the Court rejected the proposed class action settlement, which would have allowed Google to engage in a wide variety of activities using scanned books.

    As stated in the Guide, "The court concluded that the settlement was unfair because a substantial number of class members [i.e., authors and publishers] voiced significant concerns with the settlement.… However, the validity of the objections seemed less important to the court than the fact that many class members raised them."

    As for the impact of the decision on libraries, Band writes that while it is too early to say what the parties will do next, "it appears that both the challenges and the opportunities presented to libraries by the settlement when it was announced in the fall of 2008 are growing narrower and more distant."

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

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      E-Reserves and Copyright: Cambridge University Press et al. v. Patton et al. Trial Set for 5/16/2011

      Posted in Copyright, Digital Copyright Wars, E-Reserves on March 29th, 2011

      The Cambridge University Press et al. v. Patton et al. trial date has been set for 5/16/2011.

      Here's an excerpt from ruling:

      At trial, the parties will need to present evidence and argument that will allow the Court to rule on the question whether Plaintiffs may proceed under Ex Parte Younp or whether the case must be dismissed for lack of subject matter jurisdiction. Based on the pleadings alone, the Court cannot say that it lacks subject matter jurisdiction to hear the case. Dismissal under Rules 12(b) (1) and 12(c), Federal Rules of Civil Procedure, would be improper.

      Accordingly, Defendants' Motion to Dismiss (Doc. 2393) is DENIED WITHOUT PREJUDICE. The parties are DIRECTED to file a proposed consolidated pretrial order no later than April 29, 2011. The trial is set for May 16, 2011 at 10:00 a.m.

      Read more about it at "Judge Sets Trial Date in Georgia State University E-Reserves Lawsuit ."

      | Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

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        Jessica Litman: "Readers’ Copyright"

        Posted in Copyright, Digital Copyright Wars on March 28th, 2011

        Jessica Litman, John F. Nickoll Professor of Law at the University of Michigan Law School, has self-archived "Readers' Copyright" in SSRN.

        Here's an excerpt:

        This essay is part of a project intended to help reclaim copyright for readers, listeners, and viewers. A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. I argue that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public support for copyright law. In response to growing criticism of copyright, some of copyright law's most ardent supporters have insisted that users have no rights, should have no rights, and have never had rights in the copyright scheme. That approach, I suggest, is making the problem worse, not better. Copyright seems out of whack because it has forgotten its most important constituents. In this essay, I take a series of very small baby steps in the direction of recognizing rights and liberties within the copyright system for readers, listeners, viewers and other members of the copyright audience.

        | Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

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          Four Reports and One Hearing on the Orphan Works Problem

          Posted in Copyright, Digital Copyright Wars on March 27th, 2011

          In the wake of the recent Google Books Amended Settlement Agreement ruling, the orphan works problem has once again come front and center. Below are four reports and one Congressional hearing on the issue that may be worth revisiting.

          Korn, Naomi. In from the Cold: An Assessment of the Scope of "Orphan Works" and Its Impact on the Delivery of Services to the Public. London: JISC, 2009.

          Ricolfi, Marco et al. Final Report on Digital Preservation, Orphan Works, and Out-of-Print Works. Luxembourg: European Commission, Information Society and Media DG, Access to Information Unit, 2008.

          United States Copyright Office. Report on Orphan Works. Washington, DC: United States Copyright Office, 2006.

          U.S. Congress, House. Promoting the Use of Orphan Works: Balancing the Interests of Copyright Owners and Users, Hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, 110 Congress, 2008.

          Vuopala, Anna Assessment of the Orphan Works Issue and Costs for Rights Clearance. Luxembourg: European Commission, Information Society and Media DG, Access to Information Unit, 2010.

          | Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

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            Author’s Guild et al. v. Google Inc. Ruling: Amended Settlement Agreement Denied

            Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on March 23rd, 2011

            Judge Denny Chin of the U.S. District Court Southern District of New York has denied the Amended Settlement Agreement for the Author's Guild et al. v. Google Inc. case.

            Here's an excerpt from the ruling:

            Before the Court is plaintiffs' motion pursuant to Rule 23 of the Federal Rules of Civil Procedure for final approval of the proposed settlement of this class action on the terms set forth in the Amended Settlement Agreement (the "ASA"). The question presented is whether the ASA is fair, adequate, and reasonable. I conclude that it is not.

            While the digitization of books and the creation of a universal digital library would benefit many, the ASA would simply go too far. It would permit this class action—which was brought against defendant Google Inc. ("Google") to challenge its scanning of books and display of "snippets" for on-line searching—to implement a forward-looking business arrangement that would grant Google significant rights to exploit entire books, without permission of the copyright owners. Indeed, the ASA would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case.

            Accordingly, and for the reasons more fully discussed below, the motion for final approval of the ASA is denied. The accompanying motion for attorneys' fees and costs is denied, without prejudice.

            Read more about it at "After Rejection, a Rocky Road for Google Settlement"; "GBS March Madness: Paths Forward for the Google Books Settlement"; "Google Books Settlement: Copyright, Congress, and Information Monopolies"; "Google Settlement Is Rejected"; "Inside Judge Chin's Opinion"; "Please Refine Your Search Terms"; and "Publishers Remain Committed to Expanding Online Access to Books and Upholding Copyright Despite Court Decision."

            | Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

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              Cornell University Library Will Not Sign E-Resources Licenses with Nondisclosure Clauses

              Posted in ARL Libraries, Copyright, Electronic Resources, Licenses on March 22nd, 2011

              The Cornell University Library has adopted a policy of not signing e-resources licenses with nondisclosure clauses.

              Here's an excerpt from the policy:

              To promote openness and fairness among libraries licensing scholarly resources, Cornell University Library will not enter into vendor contracts that require nondisclosure of pricing information or other information that does not constitute a trade secret. All new and renewed licenses submitted with nondisclosure clauses will not be signed but henceforth will be referred to the Associate University Librarian for Scholarly Resources and Special Collections for further negotiation. . . .

              It has become apparent to the library community that the anticompetitive conduct engaged in by some publishing firms is in part a result of the inclusion of nondisclosure agreements in contracts.1 As Robert Darnton recently noted, by "keeping the terms secret, … one library cannot negotiate for cheaper rates by citing an advantage obtained by another library."2 For this reason, the International Coalition of Library Consortia's "Statement of Current Perspective and Preferred Practices for the Selection and Purchase of Electronic Information" states that "Non-disclosure language should not be required for any licensing agreement, particularly language that would preclude library consortia from sharing pricing and other significant terms and conditions with other consortia."3 The more that libraries are able to communicate with one another about vendor offers, the better they are able to weigh the costs and benefits of any individual offer. An open market will result in better licensing terms.

              Read more about it at "Cornell U. Library Takes a Stand with Journal Vendors: Prices Will Be Made Public."

              | Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

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                ELI2011 Podcast: How to Fix Copyright

                Posted in Copyright, Digital Copyright Wars on March 7th, 2011

                EDUCAUSE has released ELI2011 Podcast: How to Fix Copyright in which William Patry, Senior Copyright Counsel for Google, discusses needed copyright changes. Both digital audio and video versions of the talk are available.

                | Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications |

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                  Lasting Change: Sustaining Digital Scholarship and Culture in Canada

                  Posted in Copyright, Digital Curation & Digital Preservation, Digital Humanities, Reports and White Papers, Scholarly Communication on February 24th, 2011

                  The Sustaining Digital Scholarship for Sustainable Culture Group has released Lasting Change: Sustaining Digital Scholarship and Culture in Canada.

                  Here's an excerpt:

                  This report reflects the growing concern in the scholarly and cultural communities, and beyond, regarding the sustainability of Canada's digital knowledge and heritage. Canada's digital advantage is only of value if it can be carried into the future. Canadians must meet the challenge of preserving and enhancing scholarly and artistic knowledge production and our culture in a digital environment. This report reviews the current state of knowledge about the sustainability of digital scholarship and related cultural activity in Canada and identifies research opportunities that emerge from consideration of the literature.

                  | Digital Scholarship | Digital Scholarship Publications Overview |

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                    Internet Archive and Library Partners Launch E-Book Lending Collection

                    Posted in Copyright, E-Books, Libraries on February 24th, 2011

                    The Internet Archive and a group of academic and public library partners have launched an e-book lending collection, which contains over 80,000 e-books. The majority of books were published in the 20th century.

                    Here's an excerpt from the announcement:

                    Any OpenLibrary.org account holder can borrow up to 5 eBooks at a time, for up to 2 weeks. Books can only be borrowed by one person at a time. People can choose to borrow either an in-browser version (viewed using the Internet Archive’s BookReader web application), or a PDF or ePub version, managed by the free Adobe Digital Editions software. This new technology follows the lead of the Google eBookstore, which sells books from many publishers to be read using Google's books-in-browsers technology. Readers can use laptops, library computers and tablet devices including the iPad.

                    Read more about it at "Open Library Launches New 'Digitize and Lend' E-Book Lending Program."

                    | Digital Scholarship | Digital Scholarship Publications Overview |

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                      Final Guidelines on Copyright Clearance and IPR Management

                      Posted in Copyright, Digital Media, Reports and White Papers on February 23rd, 2011

                      The European Film Gateway project has released Final Guidelines on Copyright Clearance and IPR Management.

                      Here's an excerpt from the announcement:

                      The report includes:

                      • an overview of legal frameworks in EU countries for the film sector
                      • guidelines how to successfully clear rights related to film works
                      • copyright basics (moral rights vs. exploitation rights, orphan works etc)
                      • diligent search guidelines for rights holders

                      | Digital Scholarship | Digital Scholarship Publications Overview |

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                        "Intellectual Property’s Great Fallacy"

                        Posted in Copyright on February 22nd, 2011

                        Eric E. Johnson has self-archived "Intellectual Property’s Great Fallacy" in SSRN.

                        Here's an excerpt:

                        Intellectual property law has long been justified on the belief that external incentives are necessary to get people to produce artistic works and technological innovations that are easily copied. This Essay argues that this foundational premise of the economic theory of intellectual property is wrong. Using recent advances in behavioral economics, psychology, and business-management studies, it is now possible to show that there are natural and intrinsic motivations that will cause technology and the arts to flourish even in the absence of externally supplied rewards, such as copyrights and patents.

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