Archive for the 'Copyright' Category

A Canadian Museum’s Guide to Developing a Digital Licensing Agreement Strategy

Posted in Copyright, Licenses, Museums on May 11th, 2011

The Canadian Heritage Information Network has released A Canadian Museum's Guide to Developing a Digital Licensing Agreement Strategy.

Here's an excerpt:

This book was written to provide information, from the unique perspective of Canadian museums, on how to develop a digital licensing agreement strategy. This second edition continues along this stream to provide a unique Canadian perspective as museums dive into the global scene of licensing their content. I hope to inform you about legal rights and obligations in licence agreements, creating your licensing agreement strategy, negotiating the best licences to meet your needs, lowering your legal liability when licensing and sharing content, and the variety of licensing arrangements which may be used.

| Digital Scholarship | Digital Scholarship Publications Overview | Digital Curation and Preservation Bibliography 2010 |

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    Digitisation Audiovisual Materials Heritage Institutions: Models for Licenses and Compensations

    Posted in Copyright, Digitization, Licenses on May 11th, 2011

    Images for the Future has released Digitisation Audiovisual Materials Heritage Institutions: Models for Licenses and Compensations (English summary).

    Here's an excerpt from the announcement:

    While digitising for preservation purposes has been permitted since 2004 under strict conditions in accordance with Art. 16n of the Dutch Copyright Act, for the reutilisation of digitized material (e.g. on websites or by means of retransmission by radio or television) permission must be sought and obtained from large numbers of rights holders. For large digitisation projects, such as Beelden voor de Toekomst (Images for the Future), this means a rights clearance operation of dizzying proportions. In addition, digitisation projects face great uncertainty with regard to the level of the copyright license fees due. Given this background the Images for the Future consortium has commissioned the Institute for Information Law (hereinafter IViR) to investigate models for licenses and fees for mass digitisation projects.

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

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      "Just Google It!—The Google Book Search Settlement: A Law and Economics Analysis"

      Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 4th, 2011

      Frank Müller-Langer and Marc Scheufen have self-archived "Just Google It!—The Google Book Search Settlement: A Law and Economics Analysis" in SSRN.

      Here's an excerpt:

      Our law and economics analysis of the Book Search Project suggests that—from a copyright perspective—the proposed settlement may be beneficial to right holders, consumers, and Google. For instance, it may provide a solution to the still unsolved dilemma of orphan works. From a competition policy perspective, we stress the important aspect that Google’s pricing algorithm for orphan and unclaimed works effectively replicates a competitive Nash-Bertrand market outcome under post-settlement, third-party oversight.

      | Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications |Google Books Bibliography |

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        "Tragedy of the Data Commons"

        Posted in Copyright, Data Curation, Open Data, and Research Data Management on May 1st, 2011

        Jane Yakowitz has self-archived "Tragedy of the Data Commons" in SSRN.

        Here's an excerpt:

        Accurate data is vital to enlightened research and policymaking, particularly publicly available data that are redacted to protect the identity of individuals. Legal academics, however, are campaigning against data anonymization as a means to protect privacy, contending that wealth of information available on the Internet enables malfeasors to reverse-engineer the data and identify individuals within them. Privacy scholars advocate for new legal restrictions on the collection and dissemination of research data. This Article challenges the dominant wisdom, arguing that properly de-identified data is not only safe, but of extraordinary social utility. It makes three core claims. First, legal scholars have misinterpreted the relevant literature from computer science and statistics, and thus have significantly overstated the futility of anonymizing data. Second, the available evidence demonstrates that the risks from anonymized data are theoretical – they rarely, if ever, materialize. Finally, anonymized data is crucial to beneficial social research, and constitutes a public resource – a commons – under threat of depletion. The Article concludes with a radical proposal: since current privacy policies overtax valuable research without reducing any realistic risks, law should provide a safe harbor for the dissemination of research data.

        | Digital Scholarship | Digital Scholarship Publications Overview | Digital Curation and Preservation Bibliography 2010 |

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          Pamela Samuelson: "Legislative Alternatives to the Google Book Settlement"

          Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on April 26th, 2011

          Pamela Samuelson has self-archived "Legislative Alternatives to the Google Book Settlement" in SSRN.

          Here's an excerpt:

          In the aftermath of Judge Chin's rejection of the proposed Google Book settlement, it is time to consider legislative alternatives. This article explores a number of component parts of a legislative package that might accomplish many of the good things that the proposed settlement promised without the downsides that would have attended judicial approval of it. It gives particular attention to the idea of an extended collective licensing regime as a way to make out-of-print but in-copyright books more widely available to the public. But it also considers several other measures, such as one aimed at allowing orphan works to be made available and some new privileges that would allow digitization for preservation purposes and nonconsumptive research uses of a digital library of books from the collections of major research libraries.

          | Digital Scholarship | Digital Scholarship Publications Overview | Google Books Bibliography |

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            Lawrence Lessig Video: The Architecture of Access to Scientific Knowledge: Just How Badly We Have Messed This Up

            Posted in Copyright, Digital Copyright Wars, Open Access on April 25th, 2011

            CERN has released The Architecture of Access to Scientific Knowledge: Just How Badly We Have Messed This Up.

            Here's an excerpt from the announcement:

            In this talk, Professor Lessig will review the evolution of access to scientific scholarship, and evaluate the success of this system of access against a background norm of universal access.

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

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              "STM Statement on Negotiating Rights for Institutional Repository Postings and Author Rights"

              Posted in Author Rights, Copyright, Institutional Repositories, Open Access on April 24th, 2011

              STM has released the "STM Statement on Negotiating Rights for Institutional Repository Postings and Author Rights."

              Here's an excerpt:

              Recently some advocates for institutional repositories have noted that, in connection with the responsibilities that academic and research libraries may have for coordinating the scholarly output of author-researchers at their institutions, there are efficiencies to be gained in negotiating at an institutional level with journal publishers. . . .

              STM publishers are of the view that content license negotiations deal appropriately with questions about the scope of content that will be accessible for each institutional subscriber as well as the scope of usage rights and relative costs for such accessibility and rights. These negotiations are often complex, especially given that in recent years efforts have been made to manage negotiations through procurement processes of different kinds. We hold the view that conflating author rights issues and institutional content licenses serves only to add greater complexity and possible legal uncertainty to such licenses without adding meaningful benefits for authors.

              SPARC, SPARC Europe and COAR have issued a "Public Response on Behalf of SPARC, SPARC Europe and COAR Regarding Publishers Self-Deposit Policies."

              Here's an excerpt:

              We have recently noted that some journal publishers have sought to negotiate individually with universities and research institutes, seeking to increase embargo periods for authors depositing pre-prints of their articles into repositories, and requesting embargo periods that go beyond what is already stated in the publishers' own policies.

              We strongly urge institutions not to enter into individual agreements with publishers that supersede the existing policies of the publisher or any previous licensing agreements.

              We also call on the publishers not to further hinder the deposit—and accessibility—of pre-prints with additional restrictions, regulations and policies. Proliferation of this practice will result in an environment that is confusing to navigate for end users, and increasingly difficult for individual institutions to effectively maintain.

              Read more about it at "Double Talk."

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

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                "Google Book Search in the Gridlock Economy"

                Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on April 13th, 2011

                Douglas Lichtman has self-archived "Google Book Search in the Gridlock Economy" in SSRN.

                Here's an excerpt:

                Michael Heller's The Gridlock Economy popularizes a concept that Heller has developed over nearly two decades of influential academic writing: the notion that, when it comes to property rights, too many rights-endowed cooks really can spoil the broth. I was asked in this conference to apply Heller's insight to the Google Book Search project, and the request at first seemed natural. Heller himself suggested that Google Book Search might be an apt poster child for the gridlock phenomenon; Google likewise can often be heard to complain, in Heller-esque tones, that the only way to build a comprehensive search engine for books is to take the books without asking. This Essay, however, questions the example and offers a refinement on Heller's theory. Gridlock, I argue, is not simply a catch-all for situations where a large number of permissions are in play. It is more narrowly a reference to situations where a large number of permissions are in play, and those permissions intertwine.

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

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                  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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