Archive for the 'Copyright' Category

HathiTrust Responds to First Amended Complaint in Authors Guild, Inc. et al. v. HathiTrust et al. Copyright Case

Posted in Copyright, Digital Copyright Wars on December 5th, 2011

HathiTrust has responded to the plaintiffs' First Amended Complaint in the Authors Guild, Inc. et al. v. HathiTrust et al. copyright case.

Read more about it at "HathiTrust Answers Authors Guild Lawsuit; Trial Schedule Set" and "Authors Guild v. HathiTrust et al. Resources."

| Digital Scholarship's Digital Bibliographies | Digital Scholarship |

SOPA/PIPA Alternative: "Fighting the Unauthorized Trade of Digital Goods while Protecting Internet Security, Commerce and Speech"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on December 4th, 2011

Senator Ron Wyden and others have released a draft proposal, "Fighting the Unauthorized Trade of Digital Goods while Protecting Internet Security, Commerce and Speech," that presents an alternative to the Stop Online Piracy Act (SOPA) and the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA).

Here's an excerpt:

We found that using trade laws to address the flow of infringing digital goods into the United States makes it possible to avoid many of the pitfalls that would arise from other legislative proposals currently being advanced to combat online infringement. Namely by putting the regulatory power in the hands of the International Trade Commission—versus a diversity of magistrate judges not versed in Internet and trade policy—will ensure a transparent process in which import policy is fairly and consistently applied and all interests are taken into account. When infringement is addressed only from a narrow judicial perspective, important issues pertaining to cybersecurity and the promotion of online innovation, commerce and speech get neglected. By approaching digital good infringement as a matter of regulating international commerce, we are able to take all of these factors into account.

Read more about it at "SOPA on the Ropes? Bipartisan Alternative to 'Net Censorship Emerges."

| Digital Scholarship's Digital Bibliographies | Digital Scholarship |

"Copyright Policy and Practice in Electronic Reserves among ARL Libraries"

Posted in Copyright, Digital Copyright Wars, E-Reserves on December 1st, 2011

College & Research Libraries has released a preprint of "Copyright Policy and Practice in Electronic Reserves among ARL Libraries."

Here's an excerpt:

This paper presents the results of a survey of 110 ARL institutions regarding their copyright policies for providing electronic reserves. It compiles descriptive statistics on library practice as well as coding responses to reveal trends and shared practices. Finally, it presents conclusions about policy-making, decision-making and risk aversion in ARL institutions.

| Digital Scholarship's Digital Bibliographies | Digital Scholarship |

World Intellectual Property Organization: Draft Compilation on Limitations and Exceptions for Libraries and Archives

Posted in Copyright, Libraries on November 28th, 2011

The World Intellectual Property Organization's Standing Committee on Copyright and Related Rights has released the Draft Compilation on Limitations and Exceptions for Libraries and Archives.

Here's an excerpt from the "SCCR Releases Draft Compilation on Limitations and Exceptions for Libraries and Archives":

The Draft Compilation is an extensive document, which the library delegation warmly welcomed. Its 45 pages contain comments and proposals by Member States on each of the 10 clusters of limitations and exceptions for libraries and archives. It is extremely encouraging that Ecuador has now tabled additional language for each cluster that mirrors the proposals contained in IFLA's TLIB 4.1 document. Consequently, IFLA believes the Draft Compilation is an extremely valuable document going forward.

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

Scoping Study on Copyright and Related Rights and the Public Domain

Posted in Copyright, Public Domain, Reports and White Papers on November 21st, 2011

The World Intellectual Property Organization has released Scoping Study on Copyright and Related Rights and the Public Domain.

Here's an excerpt from the announcement:

The scoping study includes an illustrative comparison of national legislations that directly, or indirectly, define the public domain; and a survey of initiatives and tools, which may affect access, use, identification and location of public domain material.

| Digital Scholarship |

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.

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