Archive for the 'Copyright' Category

"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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DPLA, Creative Commons, Europeana, and Partners Launch RightsStatements.org

Posted in Copyright, Creative Commons/Open Licenses on April 15th, 2016 by Charles W. Bailey, Jr.

The Digital Public Library of America, the Creative Commons, Europeana, and other partners have launched RightsStatements.org .

Here's an excerpt from the announcement:

In May 2015, the International Rights Statements Working Group released two white papers with our recommendations for establishing standardized rights statements for describing copyright and reuse status of digital cultural heritage materials, and the enabling technical infrastructure for those statements. After working for nearly a year to implement the recommendations of the white papers, the Digital Public Library of America and Europeana are proud to announce the launch of RightsStatements.org.

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"A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again"

Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on April 7th, 2016 by Charles W. Bailey, Jr.

David Kravets has published "A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again" in Ars Technica.

Here's an excerpt:

Meet Alexandra Elbakyan, the developer of Sci-Hub, a Pirate Bay-like site for the science nerd. It's a portal that offers free and searchable access "to most publishers, especially well-known ones."

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Cambridge Press v. Georgia State University: "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries"

Posted in Copyright, Digital Copyright Wars, Publishing, Research Libraries, Scholarly Journals on April 6th, 2016 by Charles W. Bailey, Jr.

Kevin Smith has published "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries" in Scholarly Communications @ Duke.

Here's an excerpt:

So this ruling, like each ruling in the case, is clearly a disaster for the plaintiff publishers. Once again it establishes that there is significant space for fair use in higher education, even when that use is not transformative. Nevertheless, it is a difficult victory for libraries, in the sense that the analysis it uses is not one we can replicate; we simply do not have access to the extensive data about revenue, of which Judge Evans makes such complex use.

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"Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability"

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

The Center for Internet and Society has released "Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability."

Here's an excerpt:

This short paper shows that the "digital threat" discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might incentivise piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially in the digital environment.

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Creative Commons Integration, from A to Z

Posted in Copyright, Creative Commons/Open Licenses on March 25th, 2016 by Charles W. Bailey, Jr.

The Creative Commons has released Creative Commons Integration, from A to Z.

Here's an excerpt:

What: This toolkit covers the elements for a basic Creative Commons platform integration, including aligning legal terms to CC tools; installing the CC license chooser; displaying CC licensed content with the correct logos and links; and how to communicate CC to your users.

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Authors Guild vs. Google on Supreme Court Calendar for April 1

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on March 24th, 2016 by Charles W. Bailey, Jr.

According to an article by Andrew Albanese in Publishers Weekly, the Authors Guild vs. Google case is on the Supreme Court's calendar for its April 1 conference.

See also: "After Latest Filings, Google Case Now in Supreme Court's Hands."

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"Creative Commons Licenses: Empowering Open Access"

Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing on March 14th, 2016 by Charles W. Bailey, Jr.

Thomas Margoni and Diane M. Peters have self-archived "Creative Commons Licenses: Empowering Open Access."

Here's an excerpt:

Open access (OA) is a concept that in recent years has acquired popularity and widespread recognition. International statements and scholarly analysis converge on the following main characteristics of open access: free availability on the public Internet, permission for any users to read, download, copy, distribute, print, search, and link to the full texts of these articles, crawl them for indexing, pass them as data to software, and use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the Internet itself. The only legal constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.

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"Google Asked to Remove 100,000 ‘Pirate Links’ Every Hour"

Posted in Copyright, Digital Copyright Wars on March 7th, 2016 by Charles W. Bailey, Jr.

Ernesto Van der Sar has published "Google Asked to Remove 100,000 'Pirate Links' Every Hour" in TorrentFreak.

Here's an excerpt:

Copyright holders are continuing to increase the number of pirate links they want Google to remove from its search results, which have now reached a record-breaking 100,000 reported URLs per hour. This remarkable milestone is more than double the number of pirated links that were reported around the same time last year.

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White Paper on Remixes, First Sale, and Statutory Damages

Posted in Copyright, Digital Copyright Wars, Reports and White Papers on February 1st, 2016 by Charles W. Bailey, Jr.

The Department Of Commerce Internet Policy Task Force has released White Paper on Remixes, First Sale, and Statutory Damages.

Here's an excerpt:

The U.S. Department of Commerce has played a key role in addressing Internet policy-related issues since it launched the Internet Policy Task Force in April 2010. Two years ago, the Task Force published a Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy—the most comprehensive assessment of digital copyright policy issued by any Administration since 1995. The review process that culminated in this White Paper serves as a testament to the importance the Administration has placed on the development of updated and balanced copyright law in the digital environment.

Read more about it at "The Commerce Department Has Good Recommendations for Fixing Copyright Law —But More Is Needed."

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"NYPL Shows Academic Libraries What ‘Public Domain’ Means"

Posted in Copyright, Libraries, Public Domain, Research Libraries on January 19th, 2016 by Charles W. Bailey, Jr.

Rick Anderson has published "NYPL Shows Academic Libraries What ‘Public Domain’ Means" in The Scholarly Kitchen.

Here's an excerpt:

In far too many libraries, public-domain documents and images are treated as if they were under copyright—and, even worse, in many cases the policies in question are written as if the holding libraries were themselves the copyright holders. Sometimes this is because the librarians who control access to those images genuinely don't understand copyright law: they believe that simply digitizing an image results in a copyrightable document (it doesn't), or that owning the physical item gives one legal say over how its intellectual content can be used (also untrue). The result is that in many academic libraries, intellectual content that the public has a right to access, copy, adapt, and generally reuse in any way we wish is being locked down and restricted by—ironically enough—librarians.

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Harvard Launches State Copyright Resource Center

Posted in Copyright on December 3rd, 2015 by Charles W. Bailey, Jr.

Harvard's Office for Scholarly Communication has launched the State Copyright Resource Center.

Here's an excerpt from the announcement:

The State Copyright Resource Center aims to clarify the ambiguity around the copyright status of state-produced works. . . .

In brief, while the U.S. Copyright Act affirms that works produced by the U.S. federal government are ineligible for copyright protection (17 U.S.C. ยง 105), this law does not assert the same status for works created by state governments. As a result, many states assert a copyright interest in the surveys, reports, and other documents they produce, and many more lack clear legal guidance on the issue. This resource aims to gather the sources of law in each state to provide assistance to those seeking to make use of state-created works.

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Strategic Plan 2016-2020: Positioning the United States Copyright Office for the Future

Posted in Copyright, Reports and White Papers on December 2nd, 2015 by Charles W. Bailey, Jr.

The United States Copyright Office has released Strategic Plan 2016-2020: Positioning the United States Copyright Office for the Future.

Here's an excerpt from the announcement:

Register of Copyrights Maria A. Pallante today released the Copyright Office's Strategic Plan, setting forth the Office's performance objectives for the next five years. This release follows a thirty-day comment period, during which the Office solicited feedback from stakeholders and the public on a draft of the plan. The Register is grateful for the comments received by the Office, which are reflected in the final Strategic Plan.

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"Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines on November 16th, 2015 by Charles W. Bailey, Jr.

The Program on Information Justice and Intellectual Property at the American University Washington College of Law has released a digital video of Judge Pierre N. Leval's "Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law" lecture.

Here's an excerpt from the announcement:

At the Fourth Annual Peter A. Jaszi Distinguished Lecture in Intellectual Property, Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit will present a lecture on the role of the fair use doctrine within the structure of copyright law. Judge Leval is responsible for introducing the concept of transformative use to United States fair use jurisprudence and will discuss the development of the doctrine to date. He is the author of the court's opinion in Authors Guild Inc., et al. v. Google, Inc. (October 16, 2015) in which the court held that Google's digitization of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. Judge Leval also authored Toward a Fair Use Standard, 103 HARV. L. REV. 1105 (1990).

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Requirements for the Technical Infrastructure for Standardized International Rights Statements

Posted in Copyright, Creative Commons/Open Licenses, Reports and White Papers on October 8th, 2015 by Charles W. Bailey, Jr.

International Rights Statements Working Group has released Requirements for the Technical Infrastructure for Standardized International Rights Statements.

Here's an excerpt from the announcement:

Over the past fifteen months, representatives from the Europeana and DPLA networks, in partnership with Creative Commons, have been developing a collaborative approach to internationally interoperable rights statements that can be used to communicate the copyright status of cultural objects published via the DPLA and Europeana platforms.

The purpose of these rights statements is to provide end users of our platforms with easy to understand information on what they can and cannot do with digital items that they encounter via these platforms. Having standardized interoperable rights statements will also make it easier for application developers and other third parties to automatically identify items that can be re-used.

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