Archive for the 'Copyright' Category

"Digital Copyright and Public Access: Why the Knowledge Principle Dictates a Fair Access Right for Public Libraries"

Posted in Copyright, Digital Copyright Wars, Libraries on August 26th, 2013

Jenny Lynn Sheridan has self-archived "Digital Copyright and Public Access: Why the Knowledge Principle Dictates a Fair Access Right for Public Libraries" in SSRN.

Here's an excerpt:

This Article proposes an alternative model to the conventional copyright theories, focusing on the critical role that access to knowledge resources plays in the dynamic processes at work in the production of knowledge and the creation of new works. This Article proposes a non-waivable "fair access" right exercisable by public libraries in order to realign copyright with its Constitutional justification, and more importantly to support the knowledge creation process for the future of our democratic society.

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    "A Perspective on the Merits of the Antitrust Objections to the Failed Google Books Settlement"

    Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on August 19th, 2013

    Pamela Samuelson has published "A Perspective on the Merits of the Antitrust Objections to the Failed Google Books Settlement" in the Harvard Journal of Law & Technology Occasional Paper Series.

    Here's an excerpt:

    This Article responds to critics of the antitrust objections to the ASA [Amended Settlement Agreement] by making three main points. Part II explains that Judge Chin's incomplete and unpersuasive analysis of the antitrust objections to the proposed settlement agreement is best understood as an effort to encourage the settling parties to adopt more competitive terms in any revised settlement agreement. Part III points out that the DOJ did not reach definitive conclusions on antitrust issues posed by the ASA. The DOJ was, however, obliged to submit an interim analysis because Judge Chin wanted the government's input before he ruled on whether the settlement should be approved and the DOJ did a creditable job under the circumstances. Part IV contends that there was more merit to the DOJ's antitrust concerns about the proposed settlement than some commentators have recognized.

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      Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate

      Posted in Copyright, Digital Copyright Wars, Reports and White Papers on July 26th, 2013

      The Berkman Center for Internet & Society has released Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate.

      Here's an excerpt from the announcement:

      In this paper, we use a new set of online research tools to develop a detailed study of the public debate over proposed legislation in the United States that was designed to give prosecutors and copyright holders new tools to pursue suspected online copyright violations. Our study applies a mixed-methods approach by combining text and link analysis with human coding and informal interviews to map the evolution of the controversy over time and to analyze the mobilization, roles, and interactions of various actors.

      This novel, data-driven perspective on the dynamics of the networked public sphere supports an optimistic view of the potential for networked democratic participation, and offers a view of a vibrant, diverse, and decentralized networked public sphere that exhibited broad participation, leveraged topical expertise, and focused public sentiment to shape national public policy.

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        "First Amendment Constraints on Copyright after Golan v. Holder"

        Posted in Copyright, Public Domain on July 18th, 2013

        Neil Weinstock Netanel has self-archived "First Amendment Constraints on Copyright after Golan v. Holder" in SSRN.

        Here's an excerpt:

        Commentators have depicted the Supreme Court's January 2012 ruling in Golan v. Holder as a far-reaching repudiation of First Amendment limits on Congress's power to expand copyright and diminish the public domain. However, Golan imposes potentially significant First Amendment constraints on copyright protection even while granting fairly broad First Amendment immunity to Copyright Act amendments. It does so by effectively adopting Melville Nimmer's "definitional balancing" approach to resolving the tension between copyright and the First Amendment. . . As Golan applies that approach, neither Congress nor courts may "disturb" copyright law's idea/expression dichotomy or fair use privilege without running afoul of the First Amendment. Accordingly, following Golan, Copyright Act provisions and proposed legislation that would diminish one or both of those free speech safeguards remain vulnerable to First Amendment challenge.

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          "Creative Commons: Challenges and Solutions for Researchers; A Publisher’s Perspective of Copyright in an Open Access Environment"

          Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on July 15th, 2013

          Nicola Gulley has published "Creative Commons: Challenges and Solutions for Researchers; A Publisher's Perspective of Copyright in an Open Access Environment" in the latest issue of Insights: The UKSG Journal.

          Here's an excerpt:

          Copyright in the digital environment is evolving at an unprecedented rate. Copyright exists to protect the rights of an owner of an original piece of work by imposing restrictions on re-use but it does not always fit well with how we use and share information in the digital sphere.

          The growth of open access (OA) publishing has also added to the challenge as the right to reuse as well as read content has been emphasized.

          Creative Commons (CC) licences were introduced to try and bridge the gaps between the barriers imposed by traditional copyright and the realities of the digital environment but, as they are general licences, it is not always clear how they apply to specific situations.

          This article addresses some of the key questions around how the various licences can be applied in academic publishing, what some of the consequences are, and how they affect different research areas.

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            "How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs)"

            Posted in Copyright on July 9th, 2013

            Paul J. Heald has self-archived "How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs)" in SSRN.

            Here's an excerpt:

            A random sample of new books for sale on Amazon.com shows three times more books initially published in the 1850's are for sale than new books from the 1950's. Why? This paper presents new data on how copyright seems to make works disappear. First, a random sample of 2300 new books for sale on Amazon.com is analyzed along with a random sample of 2000 songs available on new DVD's. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to stifle distribution and access. . . . Second, the availability on YouTube of songs that reached number one on the U.S., French, and Brazilian pop charts from 1930-60 is analyzed in terms of the identity of the uploader, type of upload, number of views, date of upload, and monetization status. An analysis of the data demonstrates that the DMCA safe harbor system as applied to YouTube helps maintain some level of access to old songs by allowing those possessing copies (primarily infringers) to communicate relatively costlessly with copyright owners to satisfy the market of potential listeners.

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              The European Orphan Works Directive: An EIFL Guide

              Posted in Copyright, Digital Copyright Wars on June 19th, 2013

              EIFL has released The European Orphan Works Directive: An EIFL Guide.

              Here's an excerpt from the announcement:

              This Guide sets out the background and key provisions of the Directive. It makes recommendations for libraries for implementation in EIFL partner countries that are members of the EU, and advises libraries in EIFL partner countries with EU bilateral agreements on crafting solutions that best meet their local circumstances and capacity.

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                "The HathiTrust Case and Appeal: A Policy Brief"

                Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Publishing on June 14th, 2013

                The EDUCAUSE Policy Office has released "The HathiTrust Case and Appeal: A Policy Brief."

                Here's an excerpt:

                On October 10, 2012, Judge Harold Baer of the U.S. District Court in New York ruled in favor of the HathiTrust Digital Library (HDL) and its university partners in a copyright infringement suit brought by the Authors Guild (AG) and other groups. This policy brief outlines why this decision was important for higher education, what impact the February 2013 appeal might have, and next steps.

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