Archive for the 'Copyright' Category

Copyright Infringement and Enforcement in the US

Posted in Copyright, Digital Copyright Wars on November 17th, 2011

The American Assembly has released Copyright Infringement and Enforcement in the US.

Here's an excerpt:

The note excerpts a forthcoming survey-based study called Copy Culture in the U.S. and Germany. Drawing on results from the U.S. portion of the survey, it explores what Americans do with digital media, what they want to do, and how they reconcile their attitudes and values with different policies and proposals to enforce copyright online.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

The Impact of U.S. Internet Copyright Regulations on Early-Stage Investment: A Quantitative Study

Posted in Copyright, Digital Copyright Wars on November 16th, 2011

Booz & Company has released The Impact of U.S. Internet Copyright Regulations on Early-Stage Investment: A Quantitative Study

Here's an excerpt from the press release:

A large majority of the angel investors and venture capitalists who took part in a Booz & Company study say they will not put their money in digital content intermediaries (DCIs) if governments pass tough new rules allowing websites to be sued or fined for pirated digital content posted by users. (DCIs are the companies that provide search, hosting, and distribution services for digital content such as YouTube, Facebook, SoundCloud, eBay, and thousands of others.) More than 70 percent of angel investors reported they would be deterred from investing if anti-piracy regulations against "user uploaded" websites were increased.

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

"The Digital Public Domain: Relevance and Regulation"

Posted in Copyright, Public Domain on November 14th, 2011

"The Digital Public Domain: Relevance and Regulation," which Leonhard Dobusch presented at 1st Berlin Symposium on Internet and Society, is now available.

Here's an excerpt:

After clarifying the notion and different areas of the (digital) "public domain" the paper engages in discussing literature on its relevance for society in general and economic innovation in particular. The effectiveness of the utilization of these abstract potentials however depends on the respective public domain regulation. In this context, the paper distinguishes different regulatory modes and arenas in both copyright and patent law, thereby focusing private regulatory initiatives such as Creative Commons or Biological Open Source (BiOS). In the last section, the paper presents open research questions and makes some preliminary suggestions for potential research strategies.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

Library Copyright Alliance Sends Letter to House Committee on the Judiciary about Stop Online Piracy Act

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on November 9th, 2011

The Library Copyright Alliance has sent a letter to Chairman Lamar Smith and Ranking Member John Conyers of the House Committee on the Judiciary about the Stop Online Piracy Act.

Here's an excerpt:

There are three pending copyright infringement lawsuits against universities and their libraries relating to their use of digital technology One of these cases, AIME v. UCLA, concerns the streaming of films to students as part of their course assignments. These lawsuits reflect a growing tension between rights holders and libraries, and some rights holders' increasingly belligerent enforcement mentality. Moreover, legislation such as SOPA and the PRO-IP Act passed in the 110th Congress, and the activities of the Intellectual Property Enforcement Coordinator (a position created by the PRO-IP Act), encourage federal prosecutors to enforce copyrights law more aggressively.

In this environment, the criminal prosecution of a library for copyright infringement is no longer beyond the realm of possibility. For this reason, we strongly oppose the amendments described above, which would increase the exposure of libraries to prosecution. The broadening of the definition of willful infringement could result in a criminal prosecution if an Assistant U.S. Attorney believes that a library's assertion of fair use or one of the Copyright Act's other privileges is unreasonable. This risk is compounded with streaming, which SOPA would subject to felony penalties even if conducted without purpose of commercial advantage or private financial gain.

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

Legal Issues in Mass Digitization: A Preliminary Analysis and Discussion Document

Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing, Reports and White Papers on November 1st, 2011

The U.S. Office of the Register of Copyrights has released Legal Issues in Mass Digitization: A Preliminary Analysis and Discussion Document .

Here's the announcement:

The Copyright Office has published a Preliminary Analysis and Discussion Document that addresses the issues raised by the intersection between copyright law and the mass digitization of books. The purpose of the Analysis is to facilitate further discussions among the affected parties and the public discussions that may encompass a number of possible approaches, including voluntary initiatives, legislative options, or both. The Analysis also identifies questions to consider in determining an appropriate policy for the mass digitization of books.

Public discourse on mass digitization is particularly timely. On March 22, 2011, the U.S. District Court for the Southern District of New York rejected a proposed settlement in the copyright infringement litigation regarding Google's mass book digitization project. The court found that the settlement would have redefined the relationship between copyright law and new technology, and it would have encroached upon Congress's ability to set copyright policy with respect to orphan works. Since then, a group of authors has filed a lawsuit against five university libraries that participated in Google's mass digitization project. These developments have sparked a public debate on the risks and opportunities that mass book digitization may create for authors, publishers, libraries, technology companies, and the general public. The Office's Analysis will serve as a basis for further policy discussions on this issue.

| Google Books Bibliography | Digital Scholarship |

Stop Online Piracy Act Introduced in House of Representatives

Posted in Copyright, Legislation and Government Regulation on October 27th, 2011

Representative Lamar Smith and others have introduced the H.R. 3261, the Stop Online Piracy Act in the U.S. House of Representatives.

Here's an excerpt from the press release:

A bipartisan group in the House today introduced legislation that expands protections for America's intellectual property (IP) and combats the illegal distribution of counterfeit goods via rogue websites. The Stop Online Piracy Act (H.R. 3261) allows the Attorney General to seek injunctions against foreign websites that steal and sell American innovations and products. The bill increases criminal penalties for individuals who traffic in counterfeit medicine and military goods, which put innocent civilians and American soldiers at risk. And it improves coordination between IP enforcement agencies in the U.S.

Gigi B. Sohn, president and co-founder of Public Knowledge issued a statement about the bill. Here's an excerpt:

The new House legislation (HR 3261) is an unwarranted expansion of government power to protect one special interest. The bill would overturn the long-accepted principles and practices of the Digital Millennium Copyright Act notice and takedown process in favor of a one-sided enforcement mechanism that is far more broad than existing law while not attempting to protect the rights of anyone accused of copyright infringement.

In addition, anyone who writes about, or links to, a site suspected of infringement could also become a target of government action. The bill also features the now well-known dangers to the engineering of the Internet domain-name system (DNS), endangering Internet security while requiring Internet Service Providers and search engines to take on vast new responsibilities to block access to suspected sites.

Read more about it at "House Version of Rogue Websites Bill Adds DMCA Bypass, Penalties for DNS Workarounds."

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

Register of Copyrights Announces Priorities and Special Projects through October 2013

Posted in Copyright on October 25th, 2011

Maria A. Pallante, Register of Copyrights, has announced the U.S. Copyright Office's priorities and special projects through October 2013.

Here's an excerpt from the press release:

The paper articulates 17 priorities in the areas of copyright policy and administrative practice, as well as 10 new projects designed to improve the quality and efficiency of the U.S. Copyright Office's services in the 21st century. . . .

Rogue websites, illegal streaming, small claims, orphan works and library preservation are among the issues the Copyright Office will focus on through research and legislative support for Congress. The document also summarizes the work of the office in global policy, including U.S. trade negotiations, anti-piracy efforts and international discussions of exceptions and limitations.

The administrative practice of the Copyright Office will be particularly active during the next two years. The office has launched the fifth triennial rulemaking involving the anti-circumvention provisions of the Digital Millennium Copyright Act and will spend significant time considering and resolving regulatory issues affecting the copyrightability and registration of websites and other forms of digital authorship.

Maximizing the technical operation of the registration system is one of 10 new projects Pallante announced to help steer the office's future path. Other projects include a study of the office's costs and fees for public services, a major revision of the "Compendium of Copyright Office Practices," increased accessibility to historic copyright records, dialogues and roundtables with members of the copyright marketplace, and research partnerships with the academic community. In addition, the office will bolster its role in educational undertakings, focusing on core principles of copyright law and finding innovative ways to address the growing copyright education needs of the public.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

Digital Scholarship |

Copy(write): Intellectual Property in the Writing Classroom

Posted in Copyright on October 16th, 2011

The WAC Clearinghouse has released Copy(write): Intellectual Property in the Writing Classroom as an open access book under a under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

Here's an excerpt:

The book is divided into three topic areas: Part I focuses on the law and legal landscape; Part II focuses on the tools and resources available to researchers and teachers; and Part III focuses on pedagogical practices and approaches for addressing intellectual property in the writing classroom. Each part concludes with a response by a notable scholar who helps highlight connections among the chapters and identifies enduring questions and future directions for scholarship and action.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

Important Public Domain Case: Supreme Court Hears Golan v. Holder

Posted in Copyright, Public Domain on October 6th, 2011

The Supreme Court is now considering the Golan v. Holder case, which has significant implications for public domain works.

Here's an excerpt from the Supreme Court's Granted and Noted List entry that describes the case:

Section 514 of the Uruguay Round Agreements Act of 1994 (Section 514) did something unique in the history of American intellectual property law: It "restored" copyright protection in thousands of works that the Copyright Act had placed in the Public Domain, where they remained for years as the common property of all Americans. The Petitioners in this case are orchestra conductors, educators, performers, film archivists and motion picture distributors, who relied for years on the free availability of these works in the Public Domain, which they performed, adapted, restored and distributed without restriction. The enactment of Section 514 therefore had a dramatic effect on Petitioners' free speech and expression rights, as well as their economic interests. Section 514 eliminated Petitioners' right to perform, share and build upon works they had once been able to use freely. The questions presented are:

  1. Does the Progress Clause of the United States Constitution prohibit Congress from taking works out of the Public Domain?
  2. Does Section 514 violate the First Amendment of the United States Constitution?

Transcripts of the oral arguments are available. The first one has been made public.

Read more about it at "Supreme Court Weighs Legality of Putting Public Domain Works Back under Copyright."

| New: Institutional Repository and ETD Bibliography 2011 | Digital Scholarship |

Analysis of the Authors Guild et al. v. HathiTrust et al. Case

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Publishing on October 5th, 2011

Below are a selection of posts and other documents analyzing the Authors Guild et al. v. HathiTrust et al. case.

Read more about it at "Authors Guild v. HathiTrust et al. Resources."

| New: Institutional Repository and ETD Bibliography 2011 | Digital Scholarship |

Conference of European National Librarians Will Use Open Licensing for Data

Posted in Copyright, Data Curation, Open Data, and Research Data Management, Libraries, Metadata on October 5th, 2011

The Conference of European National Librarians members will use open licensing for their data.

Here's an excerpt from the press release:

Meeting at the Royal Library of Denmark, the Conference of European National Librarians (CENL), has voted overwhelmingly to support the open licensing of their data. CENL represents Europe's national libraries, and is responsible for the massive collection of publications that represent the accumulated knowledge of Europe. . . .

It means that the datasets describing all the millions of books and texts ever published in Europe—the title, author, date, imprint, place of publication and so on, which exists in the vast library catalogues of Europe—will become increasingly accessible for anybody to re-use for whatever purpose they want.

It will mean that Wikipedia can use the metadata, linking it to all sorts of articles; it will mean that apps developers can embed it in new mobile tools for tourism or teaching. Crucially, for information scientists, it will mean that vast quantities of trustworthy data are available for Linked Open Data developments, creating relationships between elements of information that's never been possible before. . . .

The first outcome of the open licence agreement is that the metadata provided by national libraries to Europeana.eu, Europe's digital library, museum and archive, via the CENL service The European Library, will have a Creative Commons Universal Public Domain Dedication, or CC0 licence.

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

"Copyfraud and Classroom Performance Rights: Two Common Bogus Copyright Claims"

Posted in Copyright on October 3rd, 2011

Brandon Butler has published "Copyfraud and Classroom Performance Rights: Two Common Bogus Copyright Claims" in the latest issue of Research Library Issues.

Here's an excerpt:

Negotiating copyright law can be challenging even when basic facts are not in doubt. It becomes unnecessarily difficult when publishers, distributors, and even some libraries misrepresent basic facts: which works are under copyright, and which rights a library must purchase to support teaching and learning. Unfortunately such misrepresentations are widespread. This article will describe two common misrepresentations about copyright law: "copyfraud" and "public performance rights" for classroom uses.

| New: Institutional Repository and ETD Bibliography 2011 | Digital Scholarship |


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