Archive for the 'Copyright' Category

The Triangle Research Libraries Network’s Intellectual Property Rights Strategy for Digitization of Modern Manuscript Collections and Archival Record Groups

Posted in Copyright, Digitization on February 16th, 2011

The Triangle Research Libraries Network has released The Triangle Research Libraries Network's Intellectual Property Rights Strategy for Digitization of Modern Manuscript Collections and Archival Record Groups.

Here's an excerpt from the OCLC press release:

This is the first formally published strategy for providing access to unpublished materials online based on an approach created by OCLC Research and the RLG Partnership.

This approach is described in a document titled, "Well-intentioned practice for putting digitized collections of unpublished materials online" and is the output of an "Undue Diligence" invitational seminar held in the spring of 2010. During this event, OCLC Research convened a group of RLG Partner experts from archives, special collections and the law to develop and define streamlined, community-accepted procedures for managing copyright in the digital age that would cut costs and boost confidence in libraries' and archives' ability to increase visibility of and access to unpublished materials online. The group acknowledged that, although there is risk in digitizing materials that may be in copyright, this risk should be balanced with the harm to scholarship and society inherent in not making collections fully accessible. Based on this premise, they identified a practical approach to selecting collections, making decisions, seeking permissions, recording outcomes, establishing policy and working with future donors, which OCLC Research staff outlined in the "Well-intentioned practice" document and posted online.

Since then, a community of practice has formed around these procedures and many professional organizations have publicly endorsed them, including the Rare Book and Manuscript Section (RBMS) of the American Library Association (ALA), and leading academic library professionals and scholarly communications officers.

Based on this ever-growing agreement within the profession, the Triangle Research Libraries Network (TRLN) member libraries created a Network's Intellectual Property Rights Strategy for Digitization of Modern Manuscript Collections and Archival Record Groups to specify the well-reasoned risk management practices to support their large-scale digitization project called "Content, Context, and Capacity: A Collaborative Digitization Project on the Long Civil Rights Movement in North Carolina." This project will present free and open online access to a total of forty digitized manuscript collections or archival record groups, accompanied by the broad summary descriptions and contents lists found in the finding aids created when the collections were processed. For the first time, these resources will cross the boundaries of the four libraries' reading rooms—bringing together a vast quantity of research material for the era between the 1930s and 1980s. This free and open online availability of full collections will facilitate new scholarly collaborations across institutions, and even nations, and will support the development of educational tools for students and the use of primary sources in classrooms.

Read more about it at "Well-Intentioned Practice for Putting Digitized Collections of Unpublished Materials Online."

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    How to License Research Data

    Posted in Copyright, Creative Commons/Open Licenses, Data Curation, Open Data, and Research Data Management on February 14th, 2011

    The Digital Curation Centre has released How to License Research Data.

    Here's an excerpt:

    This guide will help you decide how to apply a licence to your research data, and which licence would be most suitable. It should provide you with an awareness of why licensing data is important, the impact licences have on future research, and the potential pitfalls to avoid. It concentrates on the UK context, though some aspects apply internationally; it does not, however, provide legal advice. The guide should interest both the principal investigators and researchers responsible for the data, and those who provide access to them through a data centre, repository or archive.

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      Creative Commons and Public Sector Information: Flexible Tools to Support PSI Creators and Re-Users

      Posted in Copyright, Creative Commons/Open Licenses, Open Access, Reports and White Papers on February 13th, 2011

      The European Public Sector Information (PSI) Platform has released Creative Commons and Public Sector Information: Flexible Tools to Support PSI Creators and Re-Users.

      Here's an excerpt:

      Public sector information (PSI) is meant for wide re-use, but this information will only achieve maximum possible impact if users understand how they may use it. Creative Commons tools, which signify availability for re-use to users and require attribution to the releasing authority, are ideal tools for the sharing of public sector information. There is also increasing interest in open licenses and other tools to share publicly funded information, data, and content, including various kinds of cultural resources, educational materials, and research findings; Creative Commons tools are applicable here and recommended for these purposes too.

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        Managing Digital Collections: A Collaborative Initiative on the South African Framework

        Posted in Copyright, Data Curation, Open Data, and Research Data Management, Digital Curation & Digital Preservation, Digital Libraries, Metadata on February 10th, 2011

        The National Research Foundation has released Managing Digital Collections: A Collaborative Initiative on the South African Framework.

        Here's an excerpt:

        The objective of this Framework is to provide high-level principles for planning and managing the full digital collection life cycle. It aims to

        • provide an overview of some of the major components and activities involved in creating good digital collections
        • provide a sense of the landscape of digital collections management
        • identify existing resources that support the development of sound local practices
        • encourage community participation in the ongoing development of best practices for digital collection building
        • contribute to the benefits of sound data management practices, as well as the goals of data sharing and long term access
        • introduce data management and curation issues
        • assist cultural heritage organisations to create and manage complex digital collections
        • assist funding organisations who wish to encourage and support the development of good digital collections
        • advocate the use of internationally-created appropriate open community standards to ensure quality and to increase global interoperability for better exchange and re-use of data and digital content.

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          2010 U.S. Intellectual Property Enforcement Coordinator Annual Report on Intellectual Property Enforcement

          Posted in Copyright, Digital Copyright Wars, Reports and White Papers on February 8th, 2011

          Victoria A. Espinel, U.S. Intellectual Property Enforcement Coordinator, has released the 2010 U.S. Intellectual Property Enforcement Coordinator Annual Report on Intellectual Property Enforcement.

          Read more about it at "IP Czar Report Hits on All the Lobbyist Talking Points; Warns of More Draconian Copyright Laws to Come" and "White House Will Propose New Digital Copyright Laws."

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            Special Issue of PLATFORM: Journal of Media and Communication about the Creative Commons

            Posted in Copyright, Creative Commons/Open Licenses on February 7th, 2011

            PLATFORM: Journal of Media and Communication has published a special issue about the Creative Commons.

            Here's an excerpt from the issue's editorial by Elliott Bledsoe and Jessica Coates:

            We are privileged to be able to begin this issue with an interview with one of the leading thinkers in the field, Esther Wojcicki, the Vice-Chair of the Creative Commons Board of Directors. Esther is an award winning journalist and educator, who has taught at Palo Alto High School in California for 25 years and blogs regularly for The Huffington Post and Hotchalk. She is an articulate and experienced advocate of open, using it in her professional and personal life. In Wojcicki’s interview she introduces us to the background philosophy of Creative Commons through the lens of her experience, giving her take on why rights literacy is necessary to teach a generation that will work and play primarily on the net.

            Providing a broader overview of where things are at, the issue commences with Rachel Cobcroft’s piece chronicling the development of the international Creative Commons Case Studies initiative. The 2-year-old qualitative research project uses real world examples to gauge the impact of the Creative Commons licensing scheme's legal, technological, social, media and policy initiatives. As well as providing the fundamentals of the Creative Commons model, Cobcroft's piece examines the progress of open content licensing; identifies models of implementation and licensing trends across industry sectors as diverse as music, government, wikis and fashion; and, perhaps most importantly, explores individual motivations for the adoption of open philosophies.

            A similar focus on motivations is central to our second piece by Cheryl Foong. However, in contrast to the broad picture provided by Cobcroft, Foong takes a narrow focus for her analysis, asking the question can open philosophies go hand in hand with commercial gain? Drawing on examples of adoption of Creative Commons licensing by content creators and intermediaries, Foong concludes that, if used wisely, the open licensing scheme can be a useful tool for those creators who wish to circumvent traditional distribution channels dominated by content intermediaries, while maintaining a level of control over their copyright works. However, Foong identifies a need for caution – giving your work away is not a business model in itself, and only those who can successfully adapt the tools provided by the open movement to, as Techdirt CEO Mike Masnick puts it, connect with fans and give them a reason to buy,. . . will achieve success in this space.

            The message that open is valuable, but does not solve all problems is taken up in our third paper, a collaborative piece by Alexandra Crosby and Ferdiansyah Thajib. Viewed through the lens of video activism in Indonesia, Crosby and Thajib seek to explore the experience of individual creators attempting to tackle the behemoth of copyright in the liberated, but confusing, internet age. In doing so, they argue that while open licensing is an improvement on the models of the past, there is not yet a solution for the problems of copyright management that fits the Indonesian context. Of particular concern are issues of collaboration and credit in a world where attribution is the new currency, and the increasing gap between the global rhetoric of copyright enforcement and the diversity of practices on the ground. In the end Crosby and Thajib conclude that if the commons movement is to be successful in Indonesia, it must address cultural issues, images of imperialism and practical barriers to clear and open licensing in a society where no strong copyright tradition exists.

            The final paper by Peter Jakobsson also focuses on the principle of collaboration that underpins the current commons movement, but with a more critical, theoretical eye. Relying primarily on the analytical model provided by Rene Girard's theory of mimetic desire, Jakobsson examines the relationship between the growing trend, and rhetoric, of cooperation on the ‘social web' and the often undervalued importance of competition in the same field. In doing so, he argues that both competition and collaboration are not only valuable but central to the new forms and platforms of cultural production. Most interestingly, to demonstrate his argument he draws on the real world example of YouTube's Partnership program, demonstrating that even in a limitless world, scarcity still exists in resources such as viewer attention.

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              "The Impact of the Supreme Court’s Decision in Costco v. Omega on Libraries"

              Posted in Copyright, Libraries, Research Libraries on January 31st, 2011

              The Library Copyright Alliance has released "The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries."

              Here's an excerpt:

              On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States. In a 4 to 4 vote, the Supreme Court affirmed the lower court's judgment "by an equally divided Court." This means that the Ninth Circuit's ruling stands within the Ninth Circuit, but is not a binding precedent on courts in the rest of the country. Libraries must now decide whether to change their purchasing and lending practices in light of the Supreme Court's decision. This memorandum suggests that a combination of defenses, including section 602(a)(3)(C) of the Copyright Act, the Ninth Circuit's Drug Emporium exception, implied license, and fair use, allow libraries throughout the country to continue their existing purchasing and circulation practices with a fair degree of confidence that they will not infringe copyright by doing so.

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                Three Chapters from Access-Right: The Future of Digital Copyright Law

                Posted in Copyright, Digital Copyright Wars on January 27th, 2011

                Zohar Efroni has self-archived three chapters from Access-Right: The Future of Digital Copyright Law in SSRN.

                • "Access." Here's an excerpt:

                  This chapter scrutinizes the notion of "access to information" and attempts to translate it into a vocabulary property law can process and analyze. It turns out that very little about "access to information" as a property concept is self-explanatory.

                • "The Digital Reproduction Right." Here's an excerpt:

                  It shall be posited that and explained why the reproduction right belongs to past chapters in copyright law's evolution; it has grown evidently unsuitable to lead the copyright system into the digital future.

                • "Anticircumvention Laws." Here's an excerpt:

                  This chapter provides a broad overview and analysis on anticircumvention laws in the U.S. and Europe. . . . The statutory anticircumvention texts reviewed in this chapter do not provide straightforward answers to the nexus problem, that is, the relationship between anticircumvention bans and conventional copyright infringement.

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