Archive for the 'Copyright' Category

State of the Commons

Posted in Copyright, Creative Commons/Open Licenses, Reports and White Papers on November 21st, 2014

The Creative Commons has released State of the Commons.

Here's an excerpt from the announcement:

Today, we're releasing a new report that we think you will want to see. State of the Commons covers the impact and success of free and open content worldwide, and it contains the most revealing account we've ever published, including new data on what's shared with a CC license.

We found nearly 900 million Creative Commons-licensed works, dramatically up from our last report of 400 million in 2010. Creators are now choosing less restrictive CC licenses more than ever before – over half allow both commercial use and adaptations.

We're also celebrating the success of open policy worldwide. Fourteen countries have now adopted national open education policies, and open textbooks have saved students more than 100 million dollars. These are big moves making big impacts.

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

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    "Sustainable Free: Lessons Learned from the Launch of a Free Service Supporting Publishing in Art History"

    Posted in Copyright, Open Access, Publishing on November 17th, 2014

    James Shulman has published "Sustainable Free: Lessons Learned from the Launch of a Free Service Supporting Publishing in Art History" in LIBER Quarterly.

    Here's an excerpt:

    Hilary Ballon and Mariet Westermann, writing about the struggles of publishing in art history noted that "It is a paradox of the digital revolution that it has never been easier to produce and circulate a reproductive image, and never harder to publish one." If publishing in general is in crisis because of the seismic re-ordering in a digital world, the field of art history is the extreme tail of the spectrum; rights holders are accustomed to licensing image content for limited edition print runs. Given this particularly challenging corner of the publishing work, a project initiated by the Metropolitan Museum offers some hope of a collaborative way forward. What sociological re-engineering enabled progress on this problem? It is possible that there are other lessons here too, that might throw at least streaks of light on other process re-engineering provoked by digital innovation in publishing?

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

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      "The Social, Political and Legal Aspects of Text and Data Mining (TDM)"

      Posted in Copyright, Emerging Technologies, Publishing on November 17th, 2014

      Michelle Brook, Peter Murray-Rust, and Charles Oppenheim have published "The Social, Political and Legal Aspects of Text and Data Mining (TDM)" in D-Lib Magazine.

      Here's an excerpt:

      The ideas of textual or data mining (TDM) and subsequent analysis go back hundreds if not thousands of years. Originally carried out manually, textual and data analysis has long been a tool which has enabled new insights to be drawn from text corpora. However, for the potential benefits of TDM to be unlocked, a number of non-technological barriers need to be overcome. These include legal uncertainty resulting from complicated copyright, database rights and licensing, the fact that some publishers are not currently embracing the opportunities TDM offers the academic community, and a lack of awareness of TDM among many academics, alongside a skills gap.

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

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        "Copyright Incentives in the GSU Appeals Court Ruling"

        Posted in Copyright, E-Reserves, Publishing on November 14th, 2014

        Kevin L. Smith has published "Copyright Incentives in the GSU Appeals Court Ruling" in Library Journal.

        Here's an excerpt:

        The word "incentive" appears ten times in the ruling issued last month by the Eleventh Circuit Court of Appeals in the Georgia State University (GSU) copyright infringement case, but it is slightly unclear in this rather odd opinion just who is the object of the incentive created by copyright.

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

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          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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