Archive for the 'Copyright' Category

"Copyright Roundup 3—Changes in UK Law"

Posted in Copyright, Digital Copyright Wars on June 2nd, 2014

Kevin Smith has published "Copyright Roundup 3—Changes in UK Law" in Scholarly Communications @ Duke.

Here's an excerpt:

Second, the British are now adopting an exception for text and data mining into their law. This is huge, and reinforces the idea I have expressed before that libraries should be reluctant about agreeing to licensing terms around TDM; the rights are likely already held by users in many cases, so those provisions really would have the effect, despite being promoted as assisting research, of putting constraints (and sometimes added costs) on what scholars can already do. This is probably true in the U.S., where fair use likely gets us further than vendor licenses would, and it has now been made explicit in the U.K.

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Open WiFi and Copyright: A Primer for Network Operators

Posted in Copyright, Digital Copyright Wars on May 26th, 2014

EFF has released Open WiFi and Copyright: A Primer for Network Operators.

Here's an excerpt from the announcement:

At EFF, we are big fans of open wireless. But we also know that operators of open networks sometimes worry that they could be legally responsible if people use their networks to engage in copyright infringement. We've put together a short white paper that generally explains the scope and limits of operator liability for the acts of users, and additional steps network operators may choose to take to further limit their legal risk. As we explain in the paper, copyright liability for the acts of your users is less likely than you might think, as long as you (1) simply provide a means of transmission; and (2) act reasonably and responsibly.

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WIPO Talks Collapse on Copyright Exceptions for Libraries Issue

Posted in Copyright, Libraries on May 7th, 2014

World Intellectual Property Organization talks on copyright exceptions for libraries have collapsed over EU concerns.

Here's an excerpt from the press release:

Discussions by the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright & Related Rights (SCCR) broke down in the early hours of Saturday morning 3 May, after the European Union (EU) attempted to block future discussion of copyright laws to aid libraries and archives fulfill their missions in the digital environment. . . .

The meeting ended in disarray at 1:30am on Saturday morning, after the EU tried to have crucial references to “text-based” work on copyright exceptions removed from the meeting conclusions—a move viewed by other Member States and library and archive NGOs present as an attempt to delay, if not derail, any progress on copyright exceptions at WIPO.

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Guarding Against Abuse: Restoring Constitutional Copyright

Posted in Copyright on May 5th, 2014

R Street has released Guarding Against Abuse: Restoring Constitutional Copyright.

Here's an excerpt:

Conservatives who care about the original public meaning of the Constitution must not abandon our constitutional obligation. Conservatives believe that the words of the Constitution mean something. If the words mean something, if they mean anything, then copyright must expire. . . .

Overall, we can be supporters of a copyright regime that protects and compensates creators, a noble goal, while recognizing that the current system has gone haywire. It's time to restore our founding principles and recognize that constitutional copyright would unleash new creativity and economic growth.

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“The Demand for Out-of-Print Works and Their (Un)Availability in Alternative Markets”

Posted in Copyright, Publishing on March 20th, 2014

Paul J. Heald has self-archived “The Demand for Out-of-Print Works and Their (Un)Availability in Alternative Markets.”

Here's an excerpt:

Prior studies demonstrate the shocking unavailability of most books published in the 20th Century, prompting The Atlantic Monthly headline: How Copyright Made Mid-Century Books Vanish. The unavailability of new editions of older works would be less problematic, however, if little consumer demand existed for those works. In addition, the lack of new editions would be much less troubling if the works were easily available in alternative forms or markets. Newly collected data provides evidence of the demand for out-of-print books and then charts the availability of out-of-print works in digital form (eBooks and .mp3), in used book stores, and in public libraries. The situation with books remains dismal, although music publishers on iTunes seem to be doing a much better job of digitizing older works and making them available than do book publishers. Some theories for this discrepancy are offered.

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"Can Formalities Save the Public Domain? Reconsidering Formalities for the 2010s"

Posted in Copyright, Digital Copyright Wars, Public Domain on March 18th, 2014

Niva Elkin-Koren has published "Can Formalities Save the Public Domain? Reconsidering Formalities for the 2010s" in The Berkeley Technology Law Journal.

Here's an excerpt:

In essence, formalities advocates argue that current copyright law protects too many works, and shifting back to an opt-in regime would help restore the balance in copyright law between incentives and access. Restoring formalities would arguably expand the public domain by increasing the number of works in which copyright is not affirmatively claimed. It has been further suggested that works of unknown authorship are underused. 8 This is due to uncertainty about whether they are protected by copyright or not, which creates a chilling effect. A notice requirement would signal to potential users which works are protected by copyright. A notice would also generate the information necessary for licensing, thereby facilitating the clearance of rights and reducing the problem of orphan works.

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MOOC Content Licensing Solution Launched

Posted in Copyright, Emerging Technologies, Publishing on March 10th, 2014

The Copyright Clearance Center has Launched the MOOC Content Licensing Solution.

Here's an excerpt from the announcement:

The MOOC Content Licensing Solution uses the current per-page or per-article academic-based pricing rightsholders have established through CCC's Electronic Course Content pay-per-use service. CCC offers digital rights from over 5,000 rightsholders around the world to public, private not-for-profit, and private for-profit U.S.-based institutions of higher education that conduct academic MOOCs.

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"E-Book Platforms for Academic Librarians"

Posted in Copyright, E-Books, Licenses, Publishing, Scholarly Books on February 25th, 2014

Audrey Powers has self-archived "E-Book Platforms for Academic Librarians."

Here's an excerpt:

The goal of this issue is to provide a succinct overview of e-book platforms for academic librarians as well as insights into where e-book platforms are headed in the future. Most of the authors work in academic libraries and their job responsibilities include developing, procuring, promoting, and educating users about e-books. The topics covered include an overview of e-book platforms including technical aspects and business models, lending platforms, aggregator platforms, commercial publisher platforms, and university press platforms. It is our hope that when you read these articles it will add to your knowledge base about the current and future state of e-book platforms in academic libraries.

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