Archive for the 'Copyright' Category

Free a Book: Unglue.it Launches

Posted in Copyright, Creative Commons/Open Licenses, E-Books, Open Access on May 17th, 2012 by Charles W. Bailey, Jr.

Unglue.it has launched.

Here's an excerpt from the Frequently Asked Questions:

Unglue.it is a place for individuals and institutions to join together to give their favorite ebooks to the world. We work with rights holders to decide on fair compensation for releasing a free, legal edition of their already-published books, under Creative Commons licensing. Then everyone pledges toward that sum. When the threshold is reached (and not before), we collect the pledged funds and we pay the rights holders. They issue an unglued digital edition; you're free to read and share it, with everyone, on the device of your choice, worldwide.

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

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Association of American Publishers Issues Statement on Georgia State University E-Reserves Copyright Case Ruling

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on May 15th, 2012 by Charles W. Bailey, Jr.

The Association of American Publishers has issued a statement on the Georgia State University e-reserves copyright case ruling.

Here's an excerpt from the press release:

At the same time, we are disappointed with aspects of the Court's decision. Most importantly, the Court failed to examine the copying activities at GSU in their full context. Many faculty members have provided students with electronic anthologies of copyrighted course materials which are not different in kind from copyrighted print materials. In addition, the Court's analysis of fair use principles was legally incorrect in some places and its application of those principles mistaken. As a result, instances of infringing activity were incorrectly held to constitute fair use. . . .

The Court's ruling has important implications for the ongoing vitality of academic publishing as well as the educational mission of colleges and universities. Contrary to the findings of the Court, if institutions such as GSU are allowed to offer substantial amounts of copyrighted content for free, publishers cannot sustain the creation of works of scholarship. The resources available to educators will be fundamentally impaired.

| E-science and Academic Libraries Bibliography | Digital Scholarship |

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"Issue Brief: GSU Fair Use Decision Recap and Implications"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on May 15th, 2012 by Charles W. Bailey, Jr.

ARL has released "Issue Brief: GSU Fair Use Decision Recap and Implications."

Here's an excerpt:

Although the decision is certainly not perfect (the use of bright line rules for appropriate amount under factor 3 is particularly troubling), Judge Evans has written a thorough and thoughtful analysis of the issues, and her opinion represents an overwhelming victory for Georgia State individually, a major defeat for the plaintiff publishers and for the AAP and CCC, and overall a positive development for libraries generally. The substance of the opinion is not ideal, but it is far more generous than the publishers have sought, it establishes a very comfortable safe harbor for fair use of books on e-reserve, and libraries remain free to take more progressive steps.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

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Georgia State University E-Reserves Copyright Case Ruling (Cambridge University Press et al. v. Patton et al.)

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on May 13th, 2012 by Charles W. Bailey, Jr.

The ruling is in for the Cambridge University Press et al. v. Patton et al. case.

Here's an excerpt from the ruling:

Of the 99 alleged infringements that Plaintiffs maintained at the start of trial, only 75 were submitted for post-trial findings of fact and conclusions of law. This Order concludes that the unlicensed use of five excerpts (of four different books) infringed Plaintiffs' copyrights. The question now is whether Georgia State's 2009 Copyright Policy caused those infringements. The Court finds that it did, in that the policy did not limit copying in those instances to decidedly small excerpts as required by this Order. Nor did it proscribe the use of multiple chapters from the same book. Also, the fair use policy did not provide sufficient guidance in determining the "actual or potential effect on the market or the value of the copyrighted work," a task which would likely be futile for prospective determinations (in advance of litigation). The only practical way to deal with factor four in advance likely is to assume that it strongly favors the plaintiff-publisher (if licensed digital excerpts are available).

Read more about it at "The GSU Decision—Not an Easy Road for Anyone" and “Inside the Georgia State Opinion.”

| Scholarly Electronic Publishing Bibliography 2010: "SEP [Scholarly Electronic Publishing Bibliography] is compiled with utter professionalism. It reminds me of the work of the best artisans who know not only every item that leaves their workshops, but each component used to create them—providing the ideal quality control." — Péter Jacsó ONLINE 27, no. 3 (2003): 73-76. | Digital Scholarship |

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Public Domain: Communia Final Report

Posted in Copyright, Public Domain, Reports and White Papers on May 10th, 2012 by Charles W. Bailey, Jr.

The Communia has released the Communia Final Report.

Here's an excerpt:

This Public[3] Report is the outcome of the work of the COMMUNIA Network on the Digital Public Domain (hereinafter "COMMUNIA"). This Report was undertaken to (i) review the activities of COMMUNIA; (ii) investigate the state of the digital public domain in Europe; and (iii) recommend policy strategies for enhancing a healthy public domain and making digital content in Europe more accessible and usable.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

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"Orphan Works as Grist for the Data Mill"

Posted in Copyright, Digital Copyright Wars on May 9th, 2012 by Charles W. Bailey, Jr.

Matthew Sag has self-archived "Orphan Works as Grist for the Data Mill" in SSRN.

Here's an excerpt:

The phenomenon of library digitization in general, and the digitization of so-called "orphan works" in particular, raises many important copyright law questions. However, as this article explains, correctly understood, there is no orphan works problem for certain kinds of library digitization. . . .

The nonexpressive use of copyrighted works has tremendous potential social value: it makes search engines possible, it provides an important data source for research in computational linguistics, automated translation and natural language processing. And increasingly, the macro-analysis of text is being used in fields such as the study of literature itself. So long as digitization is confined to data processing applications that do not result in infringing expressive or consumptive uses of individual works, there is no orphan works problem because the exclusive rights of the copyright owner are limited to the expressive elements of their works and the expressive uses of their works.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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Copyright: "IP Watchlist 2011"

Posted in Copyright on May 8th, 2012 by Charles W. Bailey, Jr.

Consumers International has released the "IP Watchlist 2011" .

Here's an excerpt:

The Consumers International (CI) IP Watchlist, now in its third year, assesses the fairness of the world's intellectual property (IP) laws and enforcement practices from an important yet under-represented perspective: that of the ordinary consumer. Using a detailed checklist of over 50 criteria, applied to over 20 countries, the Watchlist provides a snapshot of how a number of the world's major IP regimes support, or fail to support, consumers' access to educational, cultural and scientific knowledge.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

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"Abandoning the Orphans: An Open Access Approach to Hostage Works"

Posted in Copyright, Open Access on May 7th, 2012 by Charles W. Bailey, Jr.

Lydia Pallas Loren has self-archived "Abandoning the Orphans: An Open Access Approach to Hostage Works" in SSRN.

Here's an excerpt:

Metaphors shape how we approach challenging legal issues. Reorienting the metaphor from "orphans" to "hostages" illuminates the real problem with copyright owners that cannot be located: lock-up of expressive works. Solving the hostage work problem requires creating protections for those who act as "special forces" and free the hostages. If an entity is not negligent in gathering and disclosing information that identifies a work as a "hostage work" and that entity provides an open access copy of the work together with the hostage freeing information, then that entity should be immune from monetary liability for infringement. Copyright owners should retain the ability to obtain injunctive relief to either correct inaccurate status or owner information, or obtain removal of the digital copy of the work from an open access database. This injunctive power would translate into an enforceable obligation of open access providers to update inaccurate information and remove works inappropriately designated as hostage works. For derivative work creators, courts should freely apply equitable doctrines to prevent inappropriate injunctive relief and limit the ability of later re-surfacing copyright owners to sue derivative work creators.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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"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 by Charles W. Bailey, Jr.

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 |

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Supreme Court to Hear First-Sale Doctrine Case Next Term

Posted in Copyright on April 16th, 2012 by Charles W. Bailey, Jr.

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 |

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

Posted in Copyright on April 11th, 2012 by Charles W. Bailey, Jr.

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 |

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

Posted in Copyright on March 28th, 2012 by Charles W. Bailey, Jr.

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 |

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