Archive for the 'Copyright' Category

Cornell University Library Will Not Sign E-Resources Licenses with Nondisclosure Clauses

Posted in ARL Libraries, Copyright, Electronic Resources, Licenses on March 22nd, 2011

The Cornell University Library has adopted a policy of not signing e-resources licenses with nondisclosure clauses.

Here's an excerpt from the policy:

To promote openness and fairness among libraries licensing scholarly resources, Cornell University Library will not enter into vendor contracts that require nondisclosure of pricing information or other information that does not constitute a trade secret. All new and renewed licenses submitted with nondisclosure clauses will not be signed but henceforth will be referred to the Associate University Librarian for Scholarly Resources and Special Collections for further negotiation. . . .

It has become apparent to the library community that the anticompetitive conduct engaged in by some publishing firms is in part a result of the inclusion of nondisclosure agreements in contracts.1 As Robert Darnton recently noted, by "keeping the terms secret, … one library cannot negotiate for cheaper rates by citing an advantage obtained by another library."2 For this reason, the International Coalition of Library Consortia's "Statement of Current Perspective and Preferred Practices for the Selection and Purchase of Electronic Information" states that "Non-disclosure language should not be required for any licensing agreement, particularly language that would preclude library consortia from sharing pricing and other significant terms and conditions with other consortia."3 The more that libraries are able to communicate with one another about vendor offers, the better they are able to weigh the costs and benefits of any individual offer. An open market will result in better licensing terms.

Read more about it at "Cornell U. Library Takes a Stand with Journal Vendors: Prices Will Be Made Public."

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

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    ELI2011 Podcast: How to Fix Copyright

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

    EDUCAUSE has released ELI2011 Podcast: How to Fix Copyright in which William Patry, Senior Copyright Counsel for Google, discusses needed copyright changes. Both digital audio and video versions of the talk are available.

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      Lasting Change: Sustaining Digital Scholarship and Culture in Canada

      Posted in Copyright, Digital Curation & Digital Preservation, Digital Humanities, Reports and White Papers, Scholarly Communication on February 24th, 2011

      The Sustaining Digital Scholarship for Sustainable Culture Group has released Lasting Change: Sustaining Digital Scholarship and Culture in Canada.

      Here's an excerpt:

      This report reflects the growing concern in the scholarly and cultural communities, and beyond, regarding the sustainability of Canada's digital knowledge and heritage. Canada's digital advantage is only of value if it can be carried into the future. Canadians must meet the challenge of preserving and enhancing scholarly and artistic knowledge production and our culture in a digital environment. This report reviews the current state of knowledge about the sustainability of digital scholarship and related cultural activity in Canada and identifies research opportunities that emerge from consideration of the literature.

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        Internet Archive and Library Partners Launch E-Book Lending Collection

        Posted in Copyright, E-Books, Libraries on February 24th, 2011

        The Internet Archive and a group of academic and public library partners have launched an e-book lending collection, which contains over 80,000 e-books. The majority of books were published in the 20th century.

        Here's an excerpt from the announcement:

        Any OpenLibrary.org account holder can borrow up to 5 eBooks at a time, for up to 2 weeks. Books can only be borrowed by one person at a time. People can choose to borrow either an in-browser version (viewed using the Internet Archive’s BookReader web application), or a PDF or ePub version, managed by the free Adobe Digital Editions software. This new technology follows the lead of the Google eBookstore, which sells books from many publishers to be read using Google's books-in-browsers technology. Readers can use laptops, library computers and tablet devices including the iPad.

        Read more about it at "Open Library Launches New 'Digitize and Lend' E-Book Lending Program."

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          Final Guidelines on Copyright Clearance and IPR Management

          Posted in Copyright, Digital Media, Reports and White Papers on February 23rd, 2011

          The European Film Gateway project has released Final Guidelines on Copyright Clearance and IPR Management.

          Here's an excerpt from the announcement:

          The report includes:

          • an overview of legal frameworks in EU countries for the film sector
          • guidelines how to successfully clear rights related to film works
          • copyright basics (moral rights vs. exploitation rights, orphan works etc)
          • diligent search guidelines for rights holders

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            "Intellectual Property’s Great Fallacy"

            Posted in Copyright on February 22nd, 2011

            Eric E. Johnson has self-archived "Intellectual Property’s Great Fallacy" in SSRN.

            Here's an excerpt:

            Intellectual property law has long been justified on the belief that external incentives are necessary to get people to produce artistic works and technological innovations that are easily copied. This Essay argues that this foundational premise of the economic theory of intellectual property is wrong. Using recent advances in behavioral economics, psychology, and business-management studies, it is now possible to show that there are natural and intrinsic motivations that will cause technology and the arts to flourish even in the absence of externally supplied rewards, such as copyrights and patents.

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              "Comments Submitted to the U.S. Copyright Office Regarding Pre-1972 Sound Recordings"

              Posted in Copyright on February 21st, 2011

              Kenneth D. Crews has self-archived "Comments Submitted to the U.S. Copyright Office Regarding Pre-1972 Sound Recordings" in SSRN.

              Here's an excerpt:

              The U.S. Copyright Office solicited comments regarding the possibility of extending federal copyright protection to sound recordings fixed before February 15, 1972. Such recordings may have some state or common law copyright protection, but most are in the public domain. These comments outline some of the complications in lawmaking that often result from extending protection to works that were previously available to the public without copyright protection. Lessons are derived from such examples as the creation of new protection for architectural works and the restoration of foreign works.

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                "Bibliographic Indeterminacy and the Scale of Problems and Opportunities of ‘Rights’ in Digital Collection Building"

                Posted in Copyright, Digitization, Public Domain on February 20th, 2011

                The Council on Library and Information Resources has released "Bibliographic Indeterminacy and the Scale of Problems and Opportunities of 'Rights' in Digital Collection Building" as the first paper in its new "Ruminations" series.

                Here's an excerpt from the announcement:

                CLIR has launched a new publication series, "Ruminations." The series will feature short research papers and essays that bring new perspective to issues related to planning for and managing organizational and institutional change in the evolving digital environment for scholarship and teaching.

                We inaugurate the new series with a report by John P. Wilkin that posits the scope of works in the public domain and probable extent of orphan works in our research library collections, based on an analysis of the HathiTrust book corpus. The question of rights status is critical since it governs how works can be used or reused, especially in the digital environment.

                Recent research shows that HathiTrust's collection—which currently holds more than 5 million digitized books—is highly representative of research library collections. On this premise, Wilkin has analyzed HathiTrust's holdings and drawn preliminary conclusions about the proportion of works that are in-copyright, in the public domain, or are orphans—that is, works whose holders cannot be located.

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