Archive for the 'Copyright' Category

S.978 Would Make Unauthorized Streaming a Felony with 5 Year Maximum Sentence

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on May 30th, 2011

Senator Amy Klobuchar and two cosponsors have introduced S.978, which would make unauthorized streaming of copyrighted works a felony.

Here's an excerpt:

‘(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if–

‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and

‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or

‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’

Read more about it at "New Bill Upgrades Unauthorized Internet Streaming to a Felony" and “U.S. Bill To Criminalize Illicit Movie/Music Streaming.”

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

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    Library Copyright Alliance Statement on Copyright Reform

    Posted in Copyright, Libraries, Research Libraries on May 17th, 2011

    The Library Copyright Alliance has issued a statement on copyright reform.

    Here's an excerpt:

    Because of the favorable treatment such activities likely would receive in the courts under sections 107 and 504(c)(2), libraries would support an effort to amend the Copyright Act to benefit libraries only if it offered significant benefits over the status quo. To do so, a proposal must contain at least the following features:

    • The non-commercial use (i.e., reproduction, distribution, public performance, public display, or preparation of a derivative work) by a nonprofit library or archives of a work when it possesses a copy of that work in its collection:
      • would not be subject to statutory damages;
      • would not be subject to actual damages if the use ceases when the library or archives receives an objection from the copyright owner of the work; and
      • would be subject to injunctive relief only to the extent that the use continues after the library or archives receives an objection from the copyright owner of the work.
    • This limitation on remedies would apply to the employees of the library or archives, as well as to a consortium that includes the library or archives.
    • Copyright owner objections would have no effect on a library’s rights under fair use.

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

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      PROTECT IP Act Introduced in Senate

      Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on May 15th, 2011

      Senators Patrick Leahy (D-Vt.), Orrin Hatch (R-Utah), and Chuck Grassley (R-Iowa) have introduced the PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act) in the Senate.

      Here's an excerpt from the press release:

      The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PROTECT IP Act, follows bipartisan legislation introduced in 2010, which won the unanimous support of Senate Judiciary Committee members. The PROTECT IP Act narrows the definition of a rogue website, while ensuring that law enforcement can get at the "worst-of-the-worst" websites dedicated to selling infringing goods. Copyright infringement and the sale of counterfeit goods reported cost the U.S. economy billions of dollars and hundreds of thousands of jobs, as well as billions of dollars in lost tax revenue for federal, state and local governments. . . .

      The PROTECT IP Act will provide law enforcement with important tools to stop websites dedicated to online piracy and the sale of counterfeit goods, which range from new movie and music releases, to pharmaceuticals and consumer products. Key updates to the PROTECT IP Act include:

      • A narrower definition of an Internet site "dedicated to infringing activities";
      • Authorization for the Attorney General to serve an issued court order on a search engine, in addition to payment processors, advertising networks and Internet service providers;
      • Authorization for both the Attorney General and rights holders to bring actions against online infringers operating an internet site or domain where the site is "dedicated to infringing activities," but with remedies limited to eliminating the financial viability of the site, not blocking access;
      • Requirement of plaintiffs to attempt to bring an action against the owner or registrant of the domain name used to access an Internet site "dedicated to infringing activities" before bringing an action against the domain name itself;
      • Protection for domain name registries, registrars, search engines, payment processors, and advertising networks from damages resulting from their voluntary action against an Internet site "dedicated to infringing activities," where that site also "endangers the public health," by offering controlled or non-controlled prescription medication.

      Read more about it at "Leahy's Protect IP Bill Even Worse Than COICA," "The 'PROTECT IP' Act: COICA Redux," and "Senate Bill Amounts to Death Penalty for Web Sites."

      | Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications | Scholarly Electronic Publishing Bibliography |

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        E-Reserves and Copyright: Proposed Injunction in Cambridge University Press et al. v. Patton et al. Case

        Posted in Copyright, Digital Copyright Wars, E-Reserves on May 15th, 2011

        Cambridge University Press and other plaintiffs have submitted a proposed injunction in the Cambridge University Press et al. v. Patton et al. case. The trial starts on 5/16/11.

        Here's an excerpt:

        II. Subject only to the provisions of Paragraph III hereof, GSU shall be and is permanently enjoined and restrained from creating, reproducing, transmitting, selling, or in any manner distributing, or assisting, participating in, soliciting, encouraging, or facilitating the creation, reproduction, download, display, sale, or distribution in any manner of, copies, whether in hard copy format, digital or electronic computer files, or any other format, of any and all Works without permission.

        Read more about it at "A Nightmare Scenario for Higher Education" and "The Missing Preface or, How Publishers Are Misusing 20th Century Guidelines to End Fair Use at GSU."

        | Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications | Scholarly Electronic Publishing Weblog |

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          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.

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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.

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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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