Archive for the 'Copyright' Category

"The Copyright Self-Help Movement: Initiatives in the Library Community"

Posted in Author Rights, Copyright on July 10th, 2011

Gail P. Clement has published "The Copyright Self-Help Movement: Initiatives in the Library Community" in the latest issue of College & Research Libraries News.

Here's an excerpt:

In the library context, the self-help concept refers to collective actions by practitioners to maximize the balancing features in American copyright law. These features include the various limitations to owner's rights and the provision for a public domain. Copyright self-help complements scholarly communication initiatives that help campus authors retain the rights to reuse and share their own publications. In combination, both types of collective community action serve to maximize allowable uses of copyrighted materials (or identify public domain materials) in order to fuel scholarship, innovation, education, and culture.

| Digital Curation and Preservation Bibliography 2010 | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 |

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    "Making Sense of Fair Use"

    Posted in Copyright on July 7th, 2011

    Neil W. Netanel, Pete Kameron Endowed Chair in Law at the UCLA School of Law, has self-archived "Making Sense of Fair Use" in SSRN.

    Here's an excerpt:

    Specifically, the Article traces the rise to prominence of the transformative use paradigm, as adopted by the Supreme Court in Campbell v. Acuff-Rose, over the market-centered paradigm of Harper & Row v. The Nation and its progeny. The Article presents data showing that since 2005 the transformative use paradigm has come overwhelmingly to dominate fair use doctrine, bringing to fruition a shift towards the transformative use doctrine that began a decade earlier. The Article also finds a dramatic increase in defendant win rates on fair use that correlates with the courts' embrace of the transformative use doctrine.

    | Digital Scholarship Publications Overview |

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      Major U.S. ISPs Agree to Copyright Alert Plan

      Posted in Copyright, Digital Copyright Wars on July 7th, 2011

      Five U.S ISPs (AT&T, Cablevision Systems Corp., Comcast Corp., Time Warner Cable, and Verizon) have agreed to a copyright alert plan with the A2IM, IFTA, the MPAA (and major members), and the RIAA (and major members).

      Here's an excerpt from the press release:

      The new Copyright Alert System addresses these problems with a series of early alerts—up to six—in electronic form, notifying the subscriber that his or her account may have been misused for online content theft of film, TV shows or music. It will also put in place a system of "mitigation measures" intended to stop online content theft on those accounts that appear persistently to fail to respond to repeated Copyright Alerts. The system will also provide subscribers the opportunity for an independent review to determine whether a consumer's online activity in question is lawful or if their account was identified in error. There are no new laws or regulations established as a part of this voluntary agreement. Termination of a subscriber's account is not part of this agreement. ISPs will not provide their subscribers' names to rights' holders under this agreement.

      For an explanation "mitigation measures," see the "FAQ's on The Center for Copyright Information and Copyright Alert System."

      | Digital Scholarship Publications Overview |

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        Podcast: Pamela Samuelson on Codifying the Google Books Settlement

        Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on July 6th, 2011

        In this podcast, Pamela Samuelson discusses her 2011 paper "Legislative Alternatives to the Google Book Settlement" with Jerry Brito, Senior Research Fellow at the Mercatus Center at George Mason University.

        | Digital Curation and Preservation Bibliography 2010 | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 |

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          "STM Submission on the Open Public Consultation on the European Institute of Innovation and Technology"

          Posted in Copyright, Open Access, Publishing on July 5th, 2011

          STM: International Association of Scientific, Technical & Medical Publishers has released "STM Submission on the Open Public Consultation on the European Institute of Innovation and Technology."

          Here's an excerpt:

          Because the public interest is not served if access to and dissemination of trusted scientific publications and data is not sustainable, rules governing publication must allow publishers to obtain the exclusive use of copyrighted content in relevant media. . . so that the substantial investments they make in scholarly communication can be recovered.

          Read more about it at "STM Submission to European Institute of Innovation & Technology: A Critique."

          | Digital Scholarship Publications Overview |

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            Papers from Kenneth D. Crews’ Art Image Copyright and Licensing Study

            Posted in Copyright on July 5th, 2011

            Kenneth D. Crews has released a list of papers written in support of the Art Image Copyright and Licensing Study, which was funded by the Samuel H. Kress Foundation.

            Read more about it at "Interim Report: Art Image Copyright and Licensing Study."

            | Digital Curation and Preservation Bibliography 2010 | Electronic Theses and Dissertations Bibliography | Google Books Bibliography | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship Publications Overview |

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              Georgia State University Motion for Directed Verdict Granted in Part in Cambridge University Press et al. v. Patton et al. Case

              Posted in Copyright, Digital Copyright Wars, E-Reserves on June 13th, 2011

              U.S. District Court Judge Orinda D. Evans granted Georgia State University's motion for directed verdict in part in the Cambridge University Press et al. v. Patton et al. case. A directed verdict for the contributory infringement claim was granted.

              Here's an excerpt from "Publishers Lose Another Claim as GSU Trial Comes to a Close" by Brandon Butler:

              And just like that, Judge Orinda Evans threw out the second of the publishers' three claims. Now indirect infringement is the only remaining claim against GSU. . . .

              This claim is the hardest one for GSU to avoid because, in theory, the publishers just have to find one infringement by one professor to prove GSU is an 'indirect infringer.'

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

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                Recent Commentary about the Georgia State E-Reserves Copyright Case (Cambridge University Press et al. v. Patton et al.)

                Posted in Copyright, Digital Copyright Wars, E-Reserves on June 12th, 2011

                Below is some recent commentary about the Cambridge University Press et al. v. Patton et al. case.

                "A Nightmare Scenario for Higher Education" by Kevin Smith. Here's an excerpt:

                First, if this injunction were adopted as proposed, it would enjoin everyone at Georgia State, including students, who would seem to largely lose their fair use rights by virtue of enrolling at GSU. It would apply to e-reserves, faculty web pages and any learning management systems in use or adopted in the future. It would make GSU responsible for every conceivable act of copying that took place on their campus. In short, administrators at Georgia State would have to look over the shoulders of each faculty member whenever they uploaded course material to an LMS or any other web page. . . .

                Not only would GSU have to micromanage each faculty member’s choices about how to teach every class, they would also have to give the plaintiff publishers access to all of the computer systems on campus so that they too could examine each professor’s decisions.

                "The Georgia State Filing—A Declaration of War on the Faculty?" by Paul Courant. Here's an excerpt:

                Call me gullible, but even now I am not fully persuaded that academic publishers are the enemies of faculty and the university. However, I do think that something has gone horribly wrong when entities that were created to serve scholarship employ legal procedures that would hamstring scholars and students who engage in customary and effective behaviors in their teaching and learning. I hope that Judge Evans will recognize that the publishers’ proposal is a plain violation of copyright and would be destructive of vital public purposes.

                "What's at Stake in the Georgia State Copyright Case." The Chronicle of Higher Education published comments from prominent experts in this article. Here's an excerpt from Dorothea Salo's contribution:

                Should a ruling come down that adds so much complication, cost, or risk to provisions about electronic reserves that institutions and their libraries no longer feel safe offering them, faculty and librarians will unite at last in shared outrage on the far shore of the Rubicon.

                "Georgia State, Copyright and the Future of Higher Education" by Tracy Mitrano. Here's an excerpt:

                We need senior leadership in our institutions, guided by national associations, to pull that campus radical of the 1960's out of the suits and high heels we now don and get serious about a direction of change that preserves us.

                "The Georgia State University Lawsuit Injunction: Back to the Future" by Peggy Hoon. Here's an excerpt:

                However, this proposed injunction is so onerous, so intrusive, so far-reaching, and so incompatible with the reality of teaching and learning in the 21st century, that simply widely publicizing the existence of and contents of the proposed injunction may well achieve what the library community has been trying to do for the last twenty years.

                **WAKE UP THE FACULTY AND MOBILIZE THEM TO RECLAIM CONTROL OF THEIR OWN WORKS OF AUTHORSHIP AND THEIR OWN SYSTEM OF SCHOLARLY COMMUNICATION.**

                This injunction is your fuel—now LIGHT that fire!

                | Digital Scholarship | Digital Scholarship Publications Overview |

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                  Maria Pallante Named Register of Copyrights

                  Posted in Copyright, People in the News on June 2nd, 2011

                  Maria Pallante has been named Register of Copyrights.

                  Here's an excerpt from the press release:

                  Librarian of Congress James H. Billington has appointed Maria A. Pallante as the 12th Register of Copyrights and director of the United States Copyright Office, effective today. Pallante served as the Acting Register for the past five months, following the retirement of Marybeth Peters on December 31, 2010. . . .

                  Pallante has had wide-ranging experience in copyright transactions, policy and litigation, in both the government and private sectors. In addition to Acting Register, she has held several key positions within the Copyright Office: Associate Register for Policy and International Affairs (2008-2010), Deputy General Counsel (2007-2008), and Policy Advisor (1996-1997). She spent much of her career in New York, working there from 1999-2007 as intellectual property counsel and director of the licensing group for the worldwide Guggenheim Museums, where she advised on programmatic and business initiatives related to publishing, product development and branding. She has led two national author organizations, working as Executive Director of the National Writers Union (1993-1995) and as Assistant Director of the Authors Guild (1991-1993), and was associate counsel at the Washington-based law firm and literary agency, Lichtman, Trister, Singer and Ross.

                  Pallante is a 1990 graduate of the George Washington University Law School. She earned her bachelor’s degree in history from Misericordia University, where she was also awarded an honorary doctorate of humane letters. She completed a clerkship in administrative law under the Hon. G. Marvin Bober, appellate division, U.S. Department of Labor. During her career, Pallante has been a frequent speaker on copyright law at events in the United States and abroad, and has testified before Congress several times, including on the Copyright Reform Act (1993); Orphan Works (2006) and Online Enforcement of Rogue Websites (2011). She was a member of the Librarian’s 1993 Advisory Committee on Copyright Registration and Deposit and is currently serving on the Department of Education's Advisory Commission on Accessible Instructional Materials in Post-Secondary Education for Students with Disabilities.

                  Read more about it at "Public Knowledge Statement on Maria Pallante's Appointment as Register of Copyrights."

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

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                    "Owning the Right to Open Up Access to Scientific Publications"

                    Posted in Copyright, Open Access on May 31st, 2011

                    Lucie Guibault has self-archived "Owning the Right to Open Up Access to Scientific Publications" in SSRN.

                    Here's an excerpt:

                    Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. In France, a similar presumption applies to works created by employees of the State. Even if researchers are in a position to exercise the rights on their works, they may, nevertheless, be required to transfer these to a publisher in order to get their article or book published. This paper, therefore, analyses the legal position of researchers, research institutions and publishers respectively, and considers what the consequences are for the promotion of OA publishing in light of the principles laid down in the Berlin Declaration and the use of Creative Commons licenses.

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

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                      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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