Archive for the 'Copyright' Category

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 |

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    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 |

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      "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 |

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        "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 |

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          "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 |

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            Digital Copyright: Authors Guild Files Motion for Partial Judgment on the Pleadings in Authors Guild et al. v. Hathitrust et al.

            Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on March 5th, 2012

            The Authors Guild has filed a motion for partial judgment on the pleadings in the Authors Guild et al. v. Hathitrust et al. case.

            Here's an excerpt from the associated "Memorandum of Law in Support of Plaintiffs' Motion for Partial Judgment on the Pleadings":

            Defendants are wildly exceeding the special privileges Congress granted to libraries under Section 108 by systematically digitizing, reproducing, distributing and putting at risk millions of works through their mass book digitization program. Defendants' so-called orphan works program is similarly inimical to the Copyright Act, as it violates Section 108(h)'s explicit limitation of libraries' use of orphan works to the twenty year period preceding the end of their copyright term. Neither fair use under Section 107, nor any other statutory exception under the Copyright Act, can justify Defendants' systematic and concerted digitization, reproduction, distribution and other unauthorized uses of millions of copyright-protected library books. Accordingly, Plaintiffs urge the Court to grant their motion for partial judgment on the pleadings.

            Read more about it at "GBS: Authors Guild Goes for an Early Knockout," "Guild Motion Asks for Quick Ruling on HathiTrust's Fair Use Defense," and "A Masterpiece of Misdirection."

            | Digital Bibliographies | Digital Scholarship |

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              Two Videos on the Code of Best Practices in Fair Use for Academic and Research Libraries

              Posted in Copyright on February 23rd, 2012

              The UCLA Library has released two videos on ARL's Code of Best Practices in Fair Use for Academic and Research Libraries. Peter Jaszi and Brandon Butler are the featured speakers.

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

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                A New Day for Website Archiving 2.0

                Posted in Copyright, Digital Curation & Digital Preservation on February 23rd, 2012

                The Association of Research Libraries has released A New Day for Website Archiving 2.0.

                Here's an excerpt:

                A central issue in the fair use analysis is whether the use is "transformative." Campbell v. Acuff-Rose, 510 U.S. 569, 579 (1994). In the website archiving context, the question is whether a library's reproduction and subsequent display of entire websites without material alteration is "transformative." The case law and legal opinions discussed below all indicate that library website archiving for the purpose of preservation and scholarship is transformative as that term is used by courts in the fair use context.

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

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