Archive for the 'Copyright' Category

WIPO: Scoping Study on Copyright and Related Rights and the Public Domain

Posted in Copyright, Public Domain, Reports and White Papers on May 23rd, 2010

The World Intellectual Property Organization (WIPO) has released Scoping Study on Copyright and Related Rights and the Public Domain.

Here's an excerpt:

Protection of the public domain comprises two steps, as laid down by the [WIPO] Development Agenda: first, identifying the contours of the public domain, thereby helping to assess its value and realm, and, second, considering and promoting the conservation and accessibility of the public domain.

The present study will follow the same direction as it will first assess the scope of the public domain, as defined by copyright laws, history and philosophy, before turning to the issue of its effectiveness and greater availability to the public and society at large. This will lead to the formulation of some recommendations that, by viewing the public domain as material that should receive some positive status and protection, might help to support a robust public domain, as advocated by the Development Agenda.

Digital Video of Intellectual Property Breakfast Club Session on Google Book Settlement

Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 20th, 2010

BroadbandBreakfast.com has released a digital video of the Intellectual Property Breakfast Club's the Google Book Search Settlement and E-Book Licensing session on May 11, 2010.

Here's an excerpt from the announcement:

The panelists included:

  • Jonathan Band, Counsel, Library Copyright Alliance
  • Michael Capobianco, Vice President, Science Fiction & Fantasy Writers of America
  • Sherwin Siy, Deputy Legal Director, Public Knowledge

Digital Information Management Podcasts/Videos from DigIn

Posted in Copyright, Digital Curation & Digital Preservation, Digital Libraries, Information Schools on May 20th, 2010

The University of Arizona Digital Information Management (DigIn) certificate program has released a series of podcasts and videos about information management topics.

Here's the press release:

The University of Arizona Digital Information Management (DigIn) certificate program recently hosted a series of talks by members of the program's national advisory panel. The resulting podcasts offer an in-depth discussion of critical themes we explore regularly in the DigIn courses as we help information professionals meet the challenges we face in the digital environment today.

All podcasts are available at:

http://digin.arizona.edu/presentations.html

Friday, April 23, 2010
University of Arizona Main Library

"Career Paths for Information Professionals: Looking Ahead to 2020"

A panel discussion with members of the national advisory panel for the Digital Information Management (DigIn) graduate certificate program. This discussion examines the evolving role of the information professions today, and focuses on the skills and knowledge professionals need to build effective careers in a fast-changing environment.

Moderator:
Peter Botticelli
Director, DigIn program
http://digin.arizona.edu/

Panelists:
Charles Bailey, Jr.
Publisher, Digital Scholarship
http://www.digital-scholarship.org/

Richard Pearce-Moses
Past President, Society of American Archivists
Deputy Director for Technology and Information Resources,
Arizona State Library, Archives and Public Records

Christine Szuter
Professor of Practice and Director
Scholarly Publishing certificate program,
Arizona State University

Pete Watters
Technology Officer
Arizona State Library, Archives and Public Records

Friday, April 23, 2010 James E. Rogers College of Law

Roberta I. Shaffer Law Librarian of Congress

"Digitization and the Future of Law Libraries"

Legal Information is increasingly born digital and presents challenges of authenticity and preservation that are critical because of the role of legal authorities in establishing the "rule of law." This presentation by Roberta I. Shaffer, the Law Librarian of Congress, will discuss unique challenges that face law makers, law practitioners, and information professionals who are the stewards of our legal legacy. Ms. Shaffer will also discuss developments at the Library of Congress that are designed to address some of the concerns.

Friday, April 23, 2010 University of Arizona Main Library

Richard Pearce-Moses
Past President, Society of American Archivists
Director of Digital Government Information,
Arizona State Library, Archives and Public Records
http://rpm.lib.az.us/

"Curating the Digital Past: Lessons from the PeDALS Project"

As the volume and complexity of digital information continues to grow, archivists and librarians have begun to develop the tools needed to preserve society’s legacy of digital records. This presentation by Richard Pearce-Moses will discuss the PeDALS project, a nationally-recognized digital preservation initiative funded by the Library of Congress, National Digital Information Infrastructure and Preservation Program (NDIIPP) as part of its Preserving State Government Information initiative. This initiative focuses on capturing, preserving, and providing access to a rich variety of state and local government digital information.

DigIn is part of the University of Arizona School of Information Resources and Library Science. Major funding for the program comes from the U.S. Institute of Museum and Library Services (IMLS), which has also provided scholarship funding.

Additional details on the program, including course descriptions, admissions requirements and application forms may be found on the program website:

digin.arizona.edu

Applicants may also contact the DigIn staff at:

digin@email.arizona.edu

Anti-Counterfeiting Trade Agreement: Impact on Individuals and Intermediaries

Posted in Copyright, Digital Copyright Wars, Reports and White Papers on May 19th, 2010

The Australian Digital Alliance has released Anti-Counterfeiting Trade Agreement: Impact on Individuals and Intermediaries.

Here's an excerpt:

ACTA might have a negative impact on individuals as Internet citizens and as consumers of digital technologies because some of its requirements go beyond Australian law. ACTA will facilitate excessive damages payouts by mandating the controversial 'lost sale analysis' for the assessment of damages and encouraging punitive style statutory damages that set arbitrary amounts for infringement. ACTA will also broaden the scope of commercial scale infringement to criminalise purely private acts that occur in the homes of some Australians, and will create a new criminal offence for 'camcording'. ACTA may strengthen existing procedures to lock up copyright material and prevent Australians from accessing or using it in certain legitimate ways.

"Catching Up with the RIAA"

Posted in Copyright, Digital Copyright Wars, P2P File Sharing on May 13th, 2010

Walt Crawford has published "Catching Up with the RIAA" in Cites & Insights: Crawford at Large.

Here's an excerpt:

Briefly, Jammie Thomas was the defendant in the first case where an RIAA filesharing infringement suit actually went to a jury—despite RIAA's best efforts to avoid that happening. Thomas seemed like a sympathetic defendant: Single mother, Native American. But her IP address was attached to a KaZaA account offering more than 1,700 recordings with a user name she'd apparently used for years on several different accounts…and shortly after receiving a settlement letter from RIAA, Thomas had Best Buy replace the hard drive in her PC. And, under questioning, said it had been replaced a year earlier. To make a long story short—up to October 2007, at least—the jury found her guilty, not surprising given the evidence in the case. The judgment was for $220,000. She appealed the decision, in part based on a claimed flaw in the jury instructions. That's where things stood at the time of the earlier article.

Court activities can sometimes seem to be in very slow motion. Most of this article brings things up to date on the Thomas case—and, so you're not too surprised, it's not over yet. (There's other stuff about RIAA and copyright at the end of the article—but the Jammie Thomas saga is fascinating.)

Cynthia S. Arato's Analysis of the Google Books Settlement

Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 10th, 2010

Cynthia S. Arato, a Partner at Macht, Shapiro, Arato & Isserles, has sent an eighteen-page memo on the Google Books Settlement to the Open Book Alliance that summarizes "the objections and argument that we lodged against the proposed settlement of the 'Google Books' lawsuit on behalf of leading foreign publishing and authors' associations, foreign publishers, and foreign authors."

Here's an excerpt:

Numerous provisions of the proposed Google Books settlement would, if approved, violate the treaty obligations of the U.S. For this reason, and because of its myriad other defects, the settlement should not be approved by the court. If the settlement is approved, it may give rise to legal action against the U.S. before an international tribunal and will certainly expose the U.S. to diplomatic stress.

Copyright for Creativity—A Declaration for Europe

Posted in Copyright, Digital Copyright Wars on May 9th, 2010

A coalition of organizations, including the European Bureau of Library, Information and Documentation Associations (EBLIDA), the International Federation of Library Associations and Institutions (IFLA), the German Library Association (GLA), the Stichting LIBER Foundation (LIBER), the Special Libraries Association (SLA), and others, has released Copyright for Creativity—A Declaration for Europe.

Here's an excerpt from the press release:

Copyright is based on both protection of creative works and exceptions to that protection, which allow for businesses and creators to innovate, make creative reuses of content, and to build on the work of others. For example, copyright protects a novelist’s rights over her novel, while an exception recognising parody would allow another writer to create a new work of parody based on the original. While copyright protects an academic’s published research, exceptions allow for others to cite, copy in-part, and quote from that research. A balance is therefore struck between the need to protect creators’ rights, and the public benefit that can be realised through reuses, references, and other derivations of the work being created.

These exceptions are key to enabling legitimate reuses and innovation, and the activity of a number of socially and economically important stakeholders depends on them. While the public debate and political agenda around copyright focuses heavily on measures to protect ownership of creative works, the Copyright for Creativity declaration sets out a positive agenda by identifying a set of objectives that need to be achieved if copyright is to fully drive digital competitiveness, creativity and innovation.

Among its recommendations, the declaration calls for European copyright law to act as a spur to innovation, support education and research, facilitate digital preservation and archiving, and harmonise exceptions further across the EU. Also accompanying the declaration are clear examples of the shortcomings of the existing copyright regime; these examples illustrate the application of copyright exceptions in everyday life and their benefit to everyone.

Today’s declaration is only a start, as the coalition expects many more signatories to join after the launch. Given that Members of the European Parliament already support the declaration, the coalition also expects it to serve as a basis for a much needed debate on copyright and the way to ensure that it best serves the interest of creators, innovators and users alike.

Digital Video of Copyright, Content and Class Action Lawsuits: A Debate on the Google Book Search Settlement Meeting

Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 4th, 2010

The Information Technology and Innovation Foundation has released a digital video of its Copyright, Content and Class Action Lawsuits: A Debate on the Google Book Search Settlement meeting.

Participants included:

  • Daniel Castro, Senior Analyst, Information Technology and Innovation Foundation
  • Allan Adler, Vice President of Government Affairs, Association of American Publishers,
  • Peter Brantley, Director of Access, Internet Archive
  • Dan Clancy, Engineering Director, Google Book Search
  • Alan Inouye, Director, Office for Information Policy, American Library Association

Library Copyright Alliance and Others Release "Concerns with April 2010 ACTA Text"

Posted in Copyright, Digital Copyright Wars on May 3rd, 2010

The Library Copyright Alliance and other organizations have released "Concerns with April 2010 ACTA Text."

Here's an excerpt:

The proposed statutory damages language in Article 2.2.2 differs from section 504(c) [of the U.S. Copyright Act] in several critical respects. First, section 504(c)(2) directs the court to reduce statutory damages in cases of innocent infringement. If the court finds that the infringer was not aware and had no reason to believe that its acts constituted infringement, the court can reduce the award to $200. And the court can remit statutory damages altogether if a library, archives, or educational institution believed that its copying was a fair use. In contrast, Article 2.2.2 make no provision whatsoever for innocent infringement. By mandating statutory damages without relief for innocent infringement, ACTA could subject U.S. entities to significantly greater damages overseas than in the U.S., thereby discouraging international expansion.

Official ACTA Draft Text to Be Made Public on April 21st

Posted in Copyright, Digital Copyright Wars on April 18th, 2010

The Office of the United States Trade Representative has announced that the draft text of the Anti-Counterfeiting Trade Agreement (ACTA) will be made public on 4/21/10.

Here's an excerpt from the press release:

The 8th round of negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) was held in Wellington, New Zealand from 12-16 April 2010, hosted by New Zealand. Participants were welcomed by New Zealand's Minister of Trade Hon Tim Groser at a function attended by a wide range of stakeholders with an interest in the ACTA negotiations.

Participants in the negotiations included Australia, Canada, the European Union, represented by the European Commission, the EU Presidency (Spain) and EU Member States, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States of America. . . .

Overall, therefore, there was a general sense from this session that negotiations have now advanced to a point where making a draft text available to the public will help the process of reaching a final agreement. For that reason, and based on the specific momentum coming out of this meeting, participants have reached unanimous agreement that the time is right for making available to the public the consolidated text coming out of these discussions, which will reflect the substantial progress made at this round.

It is intended to release this on Wednesday 21 April.

In agreeing to release publicly this draft text in the particular circumstances of this negotiation, participants reaffirmed the importance of maintaining the confidentiality of their respective positions in trade negotiations.

ACTA will not interfere with a signatory's ability to respect its citizens' fundamental rights and liberties, and will be consistent with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) and will respect the Declaration on TRIPS and Public Health.

There is no proposal to oblige ACTA participants to require border authorities to search travellers' baggage or their personal electronic devices for infringing materials. In addition, ACTA will not address the cross-border transit of legitimate generic medicines.

While the participants recognise the importance of responding effectively to the challenge of Internet piracy, they confirmed that no participant is proposing to require governments to mandate a "graduated response" or "three strikes" approach to copyright infringement on the Internet.

Lawrence Lessig: "Getting Our Values around Copyright Right"

Posted in Copyright, Creative Commons/Open Licenses, Digital Copyright Wars on April 15th, 2010

Lawrence Lessig has published "Getting Our Values around Copyright Right" in the latest issue of EDUCAUSE Review.

Here's an excerpt:

The existing system of copyright cannot work in the digital age. Either we will force our kids to stop creating, or they will force on us a revolution. Both options, in my view, are not acceptable. There is a growing copyright abolitionist movement—people who believe that copyright was a good idea for a time long gone and that we need to eliminate it and move on in a world where there is no copyright. I am against abolitionism. I believe copyright is an essential part of the cultural industries and will be essential in the digital age—even though I also believe it needs to be radically changed in all sorts of important ways and doesn't apply the same in science and in education. Copyright is essential to a diverse and rich (in all senses of that word) culture.

Europeana Publishes Public Domain Charter

Posted in Copyright, Digital Libraries, Mass Digitizaton, Public Domain on April 14th, 2010

The Europeana Foundation, the governing body of the Europeana service, has published its Public Domain Charter. The Europeana beta currently links users to around 6 million digital objects. About 10 million digital objects are expected to be available this year, when version 1.0 becomes operational.

Here's an excerpt from the announcement:

Today Europeana officially publishes the Public Domain Charter. It takes a strong position in support of the Public Domain, saying that:

Europeana belongs to the public and must represent the public interest. The Public Domain is the material from which society creates cultural understanding and knowledge. Having a thriving Public Domain is essential to economic and social well-being. Digitisation of Public Domain content does not create new rights over it. Works that are in the Public Domain in analogue form continue to be in the Public Domain once they have been digitised. . . .

The Charter is published by the Europeana Foundation, our governing body (now completing its name change from the EDL Foundation). The Charter is a policy statement, not a contract. It doesn't bind any of Europeana's content providers. It recognises the dilemma in which heritage institutions find themselves. Our partners' drive to digitise and make Public Domain content accessible is tempered by a recognition of the costs involved, and the need to arrive at the most appropriate agreements with those who are willing and able to fund digitisation programmes—including the private sector.

We are developing plans to label the rights associated with a digitised item very clearly so that they are understood by Europeana's users, who will be able to exclude content from their results that requires payment or doesn't comply with the Public Domain Charter. Rights labelling will become a requirement when submitting content to Europeana by the end of this year.

While Public-Private Partnerships are an important means of getting content digitised, the Charter recommends that deals are non-exclusive, for very limited time periods, and don't take material out of the Public Domain.


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