Archive for the 'Copyright' Category

"How Institutionalized Are Model License Use Terms: An Analysis of E-journal License Use Rights Clauses from 2000-2009"

Posted in Copyright, Electronic Resources, Licenses on April 17th, 2012

College & Research Libraries has released "How Institutionalized Are Model License Use Terms: An Analysis of E-journal License Use Rights Clauses from 2000-2009," a preprint by Kristin R. Eschenfelder et al.

Here's an excerpt:

This paper explored the degree to [which] use terms proposed by model licenses have become institutionalized across different publishers' licenses. It examined model license use terms in four areas: downloading, scholarly sharing, interlibrary loan and electronic reserves. Data collection and analysis involved content analysis of 224 electronic journal licenses spanning 2000-2009. Analysis examined how use terms changed over time, differences between consortia and site license use terms and differences between commercial and non-commercial publisher license use terms. Results suggest that some model license use terms have become institutionalized while others have not.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

Be Sociable, Share!

    Supreme Court to Hear First-Sale Doctrine Case Next Term

    Posted in Copyright on April 16th, 2012

    The Supreme Court will hear an important first-sale doctrine case (Supap Kirtsaeng v. John Wiley & Sons) in its next term.

    Here's an excerpt from the case summary:

    The question presented is how these [first-sale doctrine] provisions apply to a copy that was made and legally acquired abroad and then imported into the United States. Can such a foreign-made product never be resold within the United States without the copyright owner's permission, as the Second Circuit held in this case? Can such a foreign-made product sometimes be resold within the United States without permission, but only after the owner approves an earlier sale in this country, as the Ninth Circuit held in Costco? Or can such a product always be resold without permission within the United States, so long as the copyright owner authorized the first sale abroad, as the Third Circuit has indicated?

    Read more about it at "First Sale Goes to the Supreme Court, Again" and "Supreme Court Will Hear Case over Foreign Textbooks Imported and Resold in U.S."

    | Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

    Be Sociable, Share!

      Intellectual Property and the U.S. Economy: Industries in Focus

      Posted in Copyright on April 11th, 2012

      The US Commerce Department has released Intellectual Property and the U.S. Economy: Industries in Focus.

      Here's an excerpt from the press release:

      While IP is used in virtually every segment of the U.S. economy, the report identifies the 75 industries that use patent, copyright, or trademark protections most extensively. These "IP-intensive industries" are the source—directly or indirectly—of 40 million jobs. That's more than a quarter of all the jobs in this country. Some of the most IP-intensive industries include: Computer and peripheral equipment, audio and video equipment manufacturing, newspaper and book publishers, Pharmaceutical and medicines, Semiconductor and other electronic components, and the Medical equipment space. . . .

      The report has several important findings, including:

      • IP-intensive industries contributed $5.06 trillion to the U.S. economy or 34.8 percent of GDP in 2010.
      • 40 million jobs, or 27.7 percent of all jobs, were directly or indirectly attributable to the most IP-intensive industries in 2010.
      • Between 2010 and 2011, the economic recovery led to a 1.6 percent increase in direct employment in IP-intensive industries, faster than the 1.0 percent growth in non-IP-intensive industries.

      | Digital Scholarship's Digital/Print Books | Digital Scholarship |

      Be Sociable, Share!

        New French Law: Digital Exploitation of 20th Century Unavailable Books

        Posted in Copyright on March 28th, 2012

        France has implemented a new law on the Digital Exploitation of 20th Century Unavailable Books.

        Here's an excerpt from the Library of Congress' summary:

        This Law adds a new chapter to the French Intellectual Property Code, comprising articles L.134-1 to L.134-9. Article L. 134-1 provides that an unavailable book is "a book published in France before January 1, 2001, which is commercially unavailable and is not currently published in paper or digital format." (Id.) The Law creates a public database specifically dedicated to unavailable books, accessible at no charge, which will list these titles. . . .

        After a book has been registered in the database for six months without any opposition, a collective management society approved by the Ministry of Culture will be authorized to grant a publisher a non-exclusive license for digital exploitation of the book for a period of five years, which will be renewable (art. L.134-3). . . .

        In addition, the Law provides an exception for libraries. It states that the collective management society must authorize libraries that are accessible to the public to digitally reproduce at no cost and distribute to their patrons unavailable books, where a holder of the right to reproduce the work in its paper format has not been found within ten years of the first authorization to reproduce, provided that the library does not receive any commercial profit. If the collective management society refuses to grant such a right, it has to state the grounds for that refusal (art. L.134-8). The holder of the right to reproduce the work in its paper format may at any time request that the collective management society withdraw the right granted to a library (id).

        | Google Books Bibliography | Digital Scholarship |

        Be Sociable, Share!

          In AAP Meeting Video, RIAA Chairman Discusses How US ISPs Will Enforce Copyright Restrictions This July

          Posted in Copyright, Digital Copyright Wars on March 25th, 2012

          At the Association of American Publishers' 2012 Annual Meeting, Cary Sherman, Chairman and CEO of the Recording Industry Association of America, discussed how US ISPs will begin a copyright enforcement program this July. (See the AAP's USTREAM page, Content Industries and Copyright entry.)

          The ISPs will be acting in accordance with a "Memorandum of Understanding" that outlines a graduated response and "mitigation measures."

          Read more about it at "As ISPs Prepare to Police Web Piracy, Questions of Efficacy and Motive Remain," "ISP Copyright Alerts: Your Questions Answered," "ISP Piracy Warnings: What You Need to Know," and "RIAA Chief: ISPs to Start Policing Copyright by July 1."

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

          Be Sociable, Share!

            "Wait for It. . . Commons, Copyright and the Private (Re)Ordering of Scientific Publishing"

            Posted in Copyright, Open Access, Publishing on March 19th, 2012

            Jorge L. Contreras has self-archived "Wait for It. . . Commons, Copyright and the Private (Re)Ordering of Scientific Publishing" in SSRN.

            In this paper, Contreras critiques various open access strategies, and he proposes that publishers be granted one-year exclusive licenses as an alternative to these strategies.

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

            Be Sociable, Share!

              "Teaching with Google Books: Research, Copyright, and Data Mining"

              Posted in Copyright, E-Books, Google and Other Search Engines, Mass Digitizaton on March 12th, 2012

              Nathan Rinne has self-archived "Teaching with Google Books: Research, Copyright, and Data Mining" in E-LIS.

              Here's an excerpt:

              Google's Google Books site is a rich resource that is probably underutilized by most educators. It has all kinds of potential for a) getting students into the research process in a way that they will enjoy (for example, they can see how a famous quote has been used/quoted, find out which books cite the journal article they are interested in, or check to see if a specific book covers a topic that they want to explore, etc.); b) teaching them about the deeper civic purpose and the evolving state of copyright law; and, c) exploring, with the help of Google Book's Ngram viewer, the promise and ethics surrounding the issue of data-mining and "non-consumptive" research, or research that is accomplished by "mining" books for data, as opposed to reading them.

              | Google Books Bibliography | Digital Scholarship |

              Be Sociable, Share!

                "Orphan Works: Mapping the Possible Solution Spaces"

                Posted in Copyright, Digital Copyright Wars on March 12th, 2012

                David Robert Hansen has self-archived "Orphan Works: Mapping the Possible Solution Spaces" in SSRN.

                Here's an excerpt:

                This paper surveys a range of proposed orphan works solutions. The goal is to acquaint the reader with the wide variety of solution types, and to identify the positive and negative aspects of each. The paper discusses four general categories of proposed solutions to the orphan works problem: Remedy-limitation approaches, such as the one advocated in the 2006 U.S. Copyright office proposal, that are predicated on a user's good-faith, reasonable search for rights holders; administrative systems, such as the one adopted in Canada, that allow users to petition a centralized copyright board to license specific reuses of orphan works; access and reuse solutions that are tailored to rely upon the existing doctrine of fair use; and extended collective licensing schemes, which permit collective management organizations ('CMOs') to license the use of works that are not necessarily owned by CMO members, but that are representative of the CMO members' works.

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

                Be Sociable, Share!

                  Page 20 of 103« First...10...1819202122...304050...Last »

                  DigitalKoans

                  DigitalKoans

                  Digital Scholarship

                  Copyright © 2005-2015 by Charles W. Bailey, Jr.

                  Creative Commons License

                  This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.