Archive for the 'Copyright' Category

"Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest"

Posted in Copyright, Digital Copyright Wars on February 24th, 2014

Vicenç Feliú has self-archived "Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest" in SSRN.

Here's an excerpt:

The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative attempts and provide workable answers. This paper also proposes those answers can be found in the working models used by other jurisdictions attempting to solve the orphan works dilemma.

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    Copyright Office Seeks Comments on Orphan Works and Mass Digitization

    Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation, Mass Digitizaton on February 21st, 2014

    The US Copyright Office is seeking comments on orphan works and mass digitization and it will hold public roundtable discussions on these topics.

    Here's an excerpt from the announcement:

    The United States Copyright Office will host public roundtable discussions on potential legislative solutions for orphan works and mass digitization under U.S. copyright law on March 10-11, 2014, in Washington, D.C. Requests to participate should be submitted by February 24, 2014. For a participation request form, go to http://www.copyright.gov/orphan/participation-request-form.html.

    The Office is also seeking public comments on potential legislative solutions for orphan works and mass digitization under U.S. copyright law. A comment form will be posted on the Copyright Office website at http://www.copyright.gov/orphan/ no later than March 12, 2014. Comments are due by April 14, 2014, and will be posted on the Copyright Office website.

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      "Copyright and Inequality"

      Posted in Copyright on February 20th, 2014

      Lea Shaver has self-archived "Copyright and Inequality."

      Here's an excerpt:

      The prevailing theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. The majority of the world's people experience copyright law not as a boon to consumer choice, but as a barrier to acquiring knowledge and taking part in cultural life. The resulting patterns of privilege and disadvantage, moreover, reinforce and perpetuate preexisting social divides. Class and culture combine to explain who wins, and who loses, from copyright protection. . . . This article highlights and explores these relationships between copyright and social inequality, offering a new perspective on what is at stake in debates over copyright reform on issues ranging from fair use to fashion and everything in between.

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        "Impact of Public Domain Resources On Public Libraries in the United States"

        Posted in Copyright, Creative Commons/Open Licenses, Libraries, Public Domain on February 19th, 2014

        Anne Arendt and Dustin Fife have published "Impact of Public Domain Resources On Public Libraries in the United States" in the Journal of Librarianship and Information Science.

        Here's an excerpt:

        Ownership and rights issues relating to electronic resources can be a source of angst, confusion and litigation. This is due in part to the automatic copyright many individuals receive, including in the United States, upon creation of an original work. However, there are options available for relaxing these rights. One of these options is Creative Commons Zero. . . . Based on the above, this document researches the awareness, complexity and effects of Creative Commons Zero and related licenses on libraries as perceived by library directors and managers across the United States. In order to accomplish this, a quantitative survey was administered in an anonymous web-based format.

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          Only 20.56 % of Jounals in DOAJ Use CC BY or CC BY-SA License

          Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Scholarly Journals on February 17th, 2014

          The post "CC-BY Dominates under the Creative Commons licensed Journals in the Directory of Open Access Journals (DOAJ)" analyzes the use of Creative Commons licences by journals in the Directory of Open Access Journals.

          Here's an excerpt:

          A total of 2,016 (or 20.56 %) of the guided journal in DOAJ therefore use a license (CC-BY or CC-BY-SA), which is compatible with the requirements of the Open Definition and allow a restriction-free use of the contents within the meaning of Open Access defined the Budapest Open Access Initiative, the RCUK Open Access policy and the Berlin Declaration.

          If we consider the subset of journals that use any CC license that the claims of the Open Definition sufficient licenses dominate even slightly: About 54% of all journals that use a CC license , use either CC-BY ( 52.77 %) or CC-BY-SA (1.40 %). Surprisingly low is the proportion of journals which use the most restrictive CC license CC-BY-NC-ND : Only 737 journals (7.52 % of all journals and 19.80% under the CC-licensed journals). This license variant neither allows edits or allows to create derivative works (such as translations) nor a commercial use is possible. Surprisingly allow more than half (2,060, 55.35 %) of which is under a CC license Journals a commercial exploitation of the contents, only 44.65% (1662) prohibit this.

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            E-print Copyright Debate Continues: "Its the Content, Not the Version!"

            Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Scholarly Journals on February 7th, 2014

            Kevin Smith has published "Its the Content, Not the Version!" in Scholarly Communications @ Duke.

            Here's an excerpt:

            Throughout this discussion, the proponents of the position that copyright is transferred only in a final version really do not make any legal arguments as such, just an assertion of what they wish were the situation (I wish it were too). But here is a legal point—the U.S. copyright law makes the difficulty with this position pretty clearly in section 202 when it states the obvious principle that copyright is distinct from any particular material object that embodies the copyrighted work. So it is simply not true to say that version A has a copyright and version B has a different copyright.

            See also: "Where Copyrights Come from (Part I)—Copyediting Does–Not–Create a New Copyright" by Nancy Sims.

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              "Guest Post: Charles Oppenheim on Who Owns the Rights to Scholarly Articles"

              Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Scholarly Journals on February 5th, 2014

              Charles Oppenheim has published "Guest Post: Charles Oppenheim on Who Owns the Rights to Scholarly Articles" in Open and Shut.

              Here's an excerpt:

              Posting D [draft article] on an OA repository is the so-called "Harnad-Oppenheim" solution, first proposed by Stevan Harnad and me more than 10 years ago.

              When the solution was first enunciated, publishers dismissed it for two reasons: firstly, why would anyone want to read a draft when the final perfect version can be obtained via the publisher? And secondly, it would be difficult to track down a copy of D anyway. Their comments remain valid today, though the second one is not as strong because of services such as Google Scholar. But no publisher suggested that the solution was illegal because publishers owned the copyright to D, and they were right not to do so. The law is clear that I own the copyright in D. That is why I am so puzzled that some recent non-publisher commentators seem to think publishers own the copyright in D.

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                "Last Sale? Libraries’ Rights in the Digital Age"

                Posted in Copyright, Digital Copyright Wars, Licenses on February 4th, 2014

                Jennifer Jenkins has published "Last Sale? Libraries' Rights in the Digital Age" in College & Research Libraries News.

                Here's an excerpt:

                What's the difference between a sale and license? Normally, the law is skeptical of limitations on transfers of property. Can Snickers say you merely "licensed" that candy bar because there was fine print on the label? A court would be unlikely to agree. Can libraries argue that though e-books come with "a license," the library is nevertheless an "owner" with first sale rights? The answer at the moment is "probably not."

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