Archive for the 'Copyright' Category

UK Launches New Licensing Program for 91 Million Orphan Works

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on November 4th, 2014

The UK has launched a new licensing program for orphan works that will cover around 91 million works.

Here's an excerpt from the announcement:

A new licensing scheme launched today (29 October 2014) could give wider access to at least 91 million culturally valuable creative works-including diaries, photographs, oral history recordings and documentary films.

These works are covered by copyright, but rights holders cannot be found by those who need to seek permission to reproduce them. Under the new scheme, a licence can be granted by the Intellectual Property Office so that these works can be reproduced on websites, in books and on TV without breaking the law, while protecting the rights of owners so they can be remunerated if they come forward.

Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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    Fair-Use and E-Reserves: "A Reversal for Georgia State"

    Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on October 20th, 2014

    Kevin Smith has published "A Reversal for Georgia State" in Scholarly Communications @ Duke.

    Here's an excerpt:

    The Eleventh Circuit Court of Appeals has issued its ruling in the publisher appeal of a district court decision that found most instances of electronic reserve copying at Georgia State to be fair use. The appellate court ruling is 129 pages long, and I will have much more to say after I read it carefully. But the hot news right now is that the Court of Appeals has reversed the District Court's judgment and remanded the case back for proceedings consistent with the new opinion. The injunction issued by the District Court and the order awarding costs and attorney's fees to GSU have been vacated.

    Read more about it at "Publishers Win Reversal of Court Ruling That Favored 'E-Reserves' at Georgia State U." and "A Win for Publishers."

    Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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      "Bill Introduced in Congress to Let You Actually Own Things, Even if They Contain Software"

      Posted in Copyright, Legislation and Government Regulation on September 22nd, 2014

      Kit Walsh has published "Bill Introduced in Congress to Let You Actually Own Things, Even if They Contain Software in Deeplinks."

      Here's an excerpt:

      At last, someone in Congress has noticed how "intellectual property rights" are showing up in unexpected places and undermining our settled rights and expectation about the things we buy. Today, Representative Farenthold announced the introduction of the You Own Devices Act (YODA). If a computer program enables a device to operate, YODA would let you transfer ownership of a copy of that computer program along with the device. The law would override any agreement to the contrary (like the one-sided and abusive End-User License Agreements commonly included with such software). Also, if you have a right to receive security or bug fixes, that right passes to the person who received the device from you.

      Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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        "Copyright’s Paradox: The Public Interest and Private Monopoly"

        Posted in Copyright, Digital Copyright Wars on September 9th, 2014

        Nicholas Ruiz has self-archived "Copyright's Paradox: The Public Interest and Private Monopoly."

        Here's an excerpt:

        Copyright in its current state presents two major concerns: 1) The broad scope of the derivative right undermines the idea/expression dichotomy and adds doubt in the minds of the secondary users; and 2) The custom of extending durations of "existing" copyrights is unconstitutional and is causing a stagnate public domain. As a consequence of these problems, the free flow of ideas and dissemination of information has been thwarted. In response to these problems, I have researched possible remedies, looking to copyright systems abroad, other legal scholars, our history, and other developed areas of law.

        There must be some kind of mechanism to limit Congress' ability of extending existing copyright terms; otherwise the Constitutional mandate of a "limited" term will have no consequence. This comment suggests reinstating requisite formalities, the two-term copyright regime, and a new formulation of the derivative works right.

        Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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          "The Public Domain vs. The Museum: The Limits of Copyright and Reproductions of Two-Dimensional Works of Art"

          Posted in Copyright, Museums on September 9th, 2014

          Grischka Petri has self-archived "The Public Domain vs. The Museum: The Limits of Copyright And Reproductions of Two-Dimensional Works of Art."

          Here's an excerpt:

          The problem of museums and public institutions handling reproductions of works in their collections is not only a legal question but also one of museum ethics. Public museums are committed to spreading knowledge and to making their collections accessible. When it comes to images of their holdings, however, they often follow a restrictive policy. Even for works in the public domain they claim copyright for their reproductive photographs. This paper offers an analysis of the different interests at stake, a short survey of important cases, and practical recommendations.

          Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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            Google Settles American Society of Media Photographers, Inc. et al. v. Google Inc.

            Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on September 8th, 2014

            Google has settled the American Society of Media Photographers, Inc. et al. v. Google Inc. lawsuit. The agreement is confidential.

            Here's an excerpt from the press release:

            The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google. As the settlement is between the parties to the litigation, the court is not required to approve its terms.

            This settlement does not affect Google's current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

            Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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              Intellectual Property: Law & the Information Society—Cases and Materials

              Posted in Copyright on August 29th, 2014

              Duke's Center for the Study of the Public Domain has released Intellectual Property: Law & the Information Society—Cases and Materials. Also available in paperback.

              Here's an excerpt from the press release:

              This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks-from logos to novels to drug formulae-and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property-trademark, copyright and patent-but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.

              Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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                "Terms of Service on Social Media Sites"

                Posted in Copyright, Social Media/Web 2.0 on August 28th, 2014

                Corinne Hui Yun Tan has self-archived "Terms of Service on Social Media Sites".

                Here's an excerpt:

                This article considers the provisions within the terms of service ('TOS') of the social media behemoths of today—Facebook, YouTube, Twitter and the Wikimedia Foundation. In particular, it examines the main provisions that purport to regulate, from a copyright perspective, generative activities on social media sites. This empirical work is undertaken so that the article can shed light on the relationship between the contractual and copyright regimes. To do so, the article identifies the instances where the contractual regime is to some extent aligned with the copyright regime, and further, where there are potential incompatibilities between the two regimes.

                Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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                  "The Rise, Fall, and Rise of ACTA?"

                  Posted in Copyright, Digital Copyright Wars on August 26th, 2014

                  Peter (Jay) Smith has published "The Rise, Fall, and Rise of ACTA?" in Digital Studies.

                  Here's an excerpt:

                  In July 2012 the European Parliament defeated the Anti-Counterfeiting Trade Agreement (ACTA). Supposedly the attempt to impose global norms on intellectual property rights and thereby restrict digital copyright was dead. Or was it? This paper argues that the spirit of ACTA may live on in a host of other trade agreements currently being negotiated. That is, ACTA, or even more restrictive versions of it, could be imposed through the back door at least upon weaker states through bilateral agreements with the United States and the European Union. The result could be a spaghetti bowl of rules on digital copyright with some countries enjoying more digital rights, online freedom, and privacy than others.

                  Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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                    "STM’s New Publishing Licenses Raise Antitrust Concerns Amid Wider Efforts to Pollute Open Access Standards"

                    Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on August 25th, 2014

                    Ariel Katz has published "STM's New Publishing Licenses Raise Antitrust Concerns Amid Wider Efforts to Pollute Open Access Standards" in LSE Impact of Social Sciences.

                    Here's an excerpt:

                    For antitrust purposes, when a group of publishers adopts a set of uniform licenses, or when it recommends that its members adopt them, they tread in the area of antitrust law's core concern: "price fixing". In antitrust lingo the term price fixing is not limited to coordinating on price, but applies to any coordination that affects the quantity, quality, or any other feature of the product. Indeed, "[t]erms of use are no less a part of 'the product,'"[1] and competition between publishers is supposed to ensure optimal license terms just as it is expected to guarantee competitive prices. Therefore, when a group of publishers coordinates license terms, their concerted action is not conceptually different for antitrust purposes from a decision to coordinate subscription fees (downstream) or submission fees (upstream), and when the group represents the leading publishers and affects the majority of publications, antitrust concerns are further heightened.

                    Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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                      "How Streaming Media Could Threaten the Mission of Libraries"

                      Posted in Copyright, Libraries, Licenses, Research Libraries on August 25th, 2014

                      Steve Kolowich has published "How Streaming Media Could Threaten the Mission of Libraries" in Wired Campus.

                      Here's an excerpt:

                      Welcome to content licensing, a great source of anxiety for librarians in the digital era. In previous decades, the university librarians might have bought a CD of the Dudamel album for $25 and kept it in circulation it for as long as the disc remained viable. Here they were asked to pay the publisher 10 times that amount (plus a licensing fee that would probably exceed the processing fee) for access to a quarter of the album for two years.

                      Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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                        Digital Legal Deposit, An IPA Special Report

                        Posted in Copyright, Legislation and Government Regulation, Publishing on August 21st, 2014

                        The International Publishers Association has released Digital Legal Deposit, An IPA Special Report.

                        Here's an excerpt from the press release:

                        A new IPA report reveals how policies and processes are being developed and implemented which allow digital content, whether in the form of e-books, journals, blogs or website content, to be collected and archived. It contains in-depth analysis of schemes in Germany, the Netherlands, the UK, France and Italy, as well as details from Japan, China, Brazil, the United States, Australia and Canada.

                        Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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