Archive for the 'Copyright' Category

"Public Knowledge Launches Report on Systemic Bias at the U.S. Copyright Office"

Posted in Copyright, Reports and White Papers on September 9th, 2016 by Charles W. Bailey, Jr.

Public Knowledge has released Public Knowledge Launches Report on Systemic Bias at the U.S. Copyright Office.

Here's an excerpt:

Today we're releasing our newest report, "Captured: Systemic Bias at the U.S. Copyright Office." This report examines the role of industry capture and the revolving door between the major entertainment industries and the Copyright Office, and the implications that capture has had on the policies the Office embraces. In the report, we investigate how the Copyright Office:

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"Library of Congress Might Become a Piracy Hub, RIAA Warns"

Posted in Copyright, Digital Copyright Wars on August 30th, 2016 by Charles W. Bailey, Jr.

Ernesto Van der Sar has published "Library of Congress Might Become a Piracy Hub, RIAA Warns" in TorrentFreak.

Here's an excerpt:

The U.S. Copyright Office is considering expanding the mandatory deposit requirement for publishers, so that record labels would also have to submit their online-only music to the Library of Congress. The Library would then allow the public to access the music. The RIAA, however, warns that this plan introduces some serious piracy concerns.

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"Publishers Appeal GSU Copyright Case"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries, Scholarly Journals on August 30th, 2016 by Charles W. Bailey, Jr.

Andrew Albanese has published "Publishers Appeal GSU Copyright Case" in Publishers Weekly.

Here's an excerpt:

Following their second district court loss in eight years of litigation, the publisher plaintiffs in Cambridge University Press vs. Patton (known commonly as the GSU e-reserves case) have again appealed the case.

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"European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers"

Posted in Copyright, Digital Copyright Wars on August 29th, 2016 by Charles W. Bailey, Jr.

The EFF has released "European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers" by Jeremy Malcolm.

Here's an excerpt:

A just-leaked draft impact assessment on the modernization of European copyright rules could spell the end for many online services in Europe as we know them. The document's recommendations foreshadow new a EU Directive on copyright to be introduced later this year, that will ultimately bind each of the European Union's 28 member states. If these recommendations by the European Commission are put in place, Europe's Internet will never be the same, and these impacts are likely to reverberate around the world. . . .

The Commission's proposal is to award publishers a new copyright-like veto power, layered on top of the copyright that already exists in the published content, allowing them to prevent the online reuse of news content even when a copyright exception applies. This veto power may last for as little as one year, or as many as 50—the Commission leaves this open for now.

This kind of veto power has been described as a link tax—notwithstanding the Commission's protestations that it isn't one-because when the publisher controls even the use of small snippets of news text surrounding a hyperlink to the original article, it essentially amounts to a tax on that link. The result, as seen in Spain, will be the closure of online news portals, and a reduction in traffic to news publishers.

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"Write up! A Study of Copyright Information on Library-Published Journals"

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Research Libraries, Scholarly Journals on July 20th, 2016 by Charles W. Bailey, Jr.

Melanie Schlosser has published "Write up! A Study of Copyright Information on Library-Published Journals" in the Journal of Librarianship and Scholarly Communication.

Here's an excerpt:

INTRODUCTION Libraries have a mission to educate users about copyright, and library publishing staff are often involved in that work. This article investigates a concrete point of intersection between the two areas—copyright statements on library-published journals. METHODS Journals published by members of the Library Publishing Coalition were examined for open access status, type and placement of copyright information, copyright ownership, and open licensing. RESULTS Journals in the sample were overwhelmingly (93%) open access. 80% presented copyright information of some kind, but only 30% of those included it at both the journal and the article level. Open licensing was present in 38% of the journals, and the most common ownership scenario was the author retaining copyright while granting a nonexclusive license to the journal or publisher. 9% of the sample journals included two or more conflicting rights statements. DISCUSSION 76% of the journals did not consistently provide accurate, easily-accessible rights information, and numerous problems were found with the use of open licensing, including conflicting licenses, incomplete licenses, and licenses not appearing at the article level. CONCLUSION Recommendations include presenting full copyright and licensing information at both the journal and the article level, careful use of open licenses, and publicly-available author agreements. External Data or Supplements:

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"The Economics of Book Digitization and the Google Books Litigation"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on June 14th, 2016 by Charles W. Bailey, Jr.

Hannibal Travis has self-archived "The Economics of Book Digitization and the Google Books Litigation."

Here's an excerpt from the announcement:

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and controversies surrounding fair use arguments in the digital environment. It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use.

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Finding the Public Domain: Copyright Review Management System Toolkit

Posted in Copyright, Public Domain on June 14th, 2016 by Charles W. Bailey, Jr.

The University of Michigan Library has released Finding the Public Domain: Copyright Review Management System Toolkit.

Here's an excerpt:

This toolkit is divided into three main parts. It is primarily designed for copyright review of books, but it is also useful for a range of copyright review activities. The first part of the toolkit consists of a series of preplanning documents, one or more of which can be used in early-stage project meetings to build your team and plan your approach when faced with key questions. . . .

The second part of the toolkit dives deeper into the practical considerations facing a copyright review project, including project leadership, the legal fundamentals for copyright review, technical elements, and observations related to project personnel. . . .

The third part of the toolkit includes reports on pilot projects and a series of appendices. Together these form valuable documentation from the [Copyright Review Management System] project.

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"After Copyright Win, GSU Seeks $3.3 Million from Publishers "

Posted in Copyright, Digital Copyright Wars, Research Libraries on May 3rd, 2016 by Charles W. Bailey, Jr.

Andrew Albanese has published "After Copyright Win, GSU Seeks $3.3 Million from Publishers" in Publishers Weekly.

Here's an excerpt:

After winning a key copyright decision, attorneys for Georgia State University want the publishers who brought the suit to pay more than $3.3 million dollars in fees and costs.

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"The Mystery of Creative Commons Licenses"

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Scholarly Journals on April 29th, 2016 by Charles W. Bailey, Jr.

De Gruyter Open has released "The Mystery of Creative Commons Licenses" by Witold Kieńć.

Here's an excerpt:

While more than half of open access papers are published under the terms of a liberal Creative Commons Attribution Licence, the majority of authors of open access works seem not to accept the terms of either this or any other Creative Commons license.

Despite the fact that the majority of journals indexed in the Directory of Open Access Journals use liberal Creative Commons Attribution (CC-BY) licence as a default, and that probably more than half of all articles published in open access serials are published under the terms of this licence, academic authors seem not to support liberal licensing. How is it possible? Are authors of more than 600 thousand CC-BY licensed works invisible in surveys? Or do they publish under the terms of this license against their will?

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"Policy: Google Books: The Final Chapter?"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on April 29th, 2016 by Charles W. Bailey, Jr.

Walt Crawford has published "Policy: Google Books: The Final Chapter?" in Cites & Insights: Crawford at Large.

Here's an excerpt:

On Monday, April 18, 2016, the U.S. Supreme Court declined to hear the Authors Guild appeal of a district court decision finding, once again, that Google Books Search is fair use. . . .

That should be the final chapter in this decade-long epic case, and maybe I should stop right here.

But let's look at a couple of the early commentaries after the denial (two of many), then go back for the usual chronological citations and notes on items since the last coverage of this legal marathon. The question mark in the essay's title? Well, the Authors Litigation Guild (the middle word isn't part of the name, but maybe it should be) seems as incapable of admitting defeat as it apparently is of recognizing that it only represents the interests of a few hundred or few thousand writers. And, of course, there's the enticing if unlikely counter possibility: what if Google asked to recover its legal costs, which must surely be in the millions of dollars?

See also: “Google Case Ends, but Copyright Fight Goes On.”

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"How Large is the ‘Public Domain’?: A Comparative Analysis of Ringer’s 1961 Copyright Renewal Study and HathiTrust CRMS Data"

Posted in Copyright, Public Domain on April 25th, 2016 by Charles W. Bailey, Jr.

College & Research Libraries has released an e-print of "How Large is the 'Public Domain'?: A Comparative Analysis of Ringer's 1961 Copyright Renewal Study and HathiTrust CRMS Data" by John P. Wilkin.

Here's an excerpt:

The 1961 Copyright Office study on renewals, authored by Barbara Ringer, has cast an outsized influence on discussions of the U.S. 1923-1963 public domain. As more concrete data emerges from initiatives such as the large-scale determination process in the Copyright Review Management System project, questions are raised about the reliability or meaning of the Ringer data. A closer examination of both the Ringer study and CRMS data demonstrates fundamental misunderstandings and misrepresentations of the Ringer data, as well as possible methodological issues. Estimates of the size of the corpus of public domain books published in the U.S. from 1923-1963 have been inflated by problematic assumptions, and we should be able to correct mistaken conclusions with reasonable effort.

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Developments in the Authors Guild v. Google and Cambridge University Press v. Patton (GSU E-Reserves) Cases

Posted in Copyright, Digital Copyright Wars on April 19th, 2016 by Charles W. Bailey, Jr.

The Supreme Court has declined to hear an appeal of the Authors Guild v. Google case, leaving in place the 2015 ruling by the United States Court of Appeals 2nd Circuit in favor of Google.

See: "Supreme Court Rejects Google Books Appeal."

Judge Orinda Evans has issued a remand decision in the Cambridge University Press v. Patton case that significantly reduces the number counts that the plaintiffs prevailed on.

See: "Publishers' Loss in GSU Copyright Case Just Got a Little Worse."

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