Archive for the 'Copyright' Category

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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          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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