Archive for the 'Copyright' Category

"Knowledge Level of Library Deans and Directors in Copyright Law"

Posted in Copyright, Research Libraries on December 2nd, 2013

John Eye has published "Knowledge Level of Library Deans and Directors in Copyright Law" in the latest issue of the Journal of Librarianship and Scholarly Communication.

Here's an excerpt:

A random sample of academic library deans and directors was asked to complete a web-based survey articulating their level of copyright knowledge and perceptions associated with how they are able to apply it toward their work with policies. . . .

Deans and directors of academic libraries have a working knowledge of copyright law but more training is needed to provide library professionals with the tools necessary to carry out the work of effectively managing collections and services, especially in this new and emerging digital environment

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    "This American Copyright Life: Reflections on Re-Equilibrating Copyright for the Internet Age"

    Posted in Copyright, Digital Copyright Wars on November 4th, 2013

    Peter S. Menell has self-archived "This American Copyright Life: Reflections on Re-Equilibrating Copyright for the Internet Age" in SSRN.

    Here's an excerpt:

    This article calls attention to the dismal state of copyright's public approval rating. Drawing on the format and style of Ira Glass's "This American Life" radio broadcast, the presentation unfolds in three parts: Act I—How did we get here?; Act II—Why should society care about copyright's public approval rating?; and Act III—How do we improve copyright's public approval rating (and efficacy)?

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      Open Access Clauses in Publishers’ Licenses: Current State and Lessons Learned

      Posted in Copyright, Licenses, Open Access, Publishing, Reports and White Papers, Scholarly Journals, Self-Archiving on October 28th, 2013

      COAR has released Open Access Clauses in Publishers' Licenses: Current State and Lessons Learned.

      Here's an excerpt from the announcement:

      As Open Access (OA) policies and laws are being adopted world-wide, the scholarly community is shifting its efforts from advocacy towards practical implementation and support. One of the major routes for making articles open access is through OA repositories. However the variety and lack of clarity of publishers' policies regarding article deposit can be a significant barrier to author compliance of OA policies.

      In order to overcome this barrier, some organizations have successfully negotiated authors' or deposit rights with publishers in the context of purchasing content licenses. This report documents the existing OA licensing language that has been implemented by organizations around the world and presents some suggestions for their successful adoption. The report concludes that OA clauses offer a feasible option for institutions to address some of the obstacles to article deposit into repositories.

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        "Copyright in the Digital Age"

        Posted in Copyright, Libraries, Research Libraries on September 10th, 2013

        Kyle K. Courtney has self-archived "Copyright in the Digital Age" in SSRN.

        Here's an excerpt:

        The goal of this chapter is to provide the fundamental instruction for some of the most popular topics facing law libraries in the digital age. Whether it is scanning chapters for e-reserves or accessing databases online, knowledge of copyright law can help mitigate risk, and enhance our patron's services. As librarians, we want to provide whatever our patron's desire. But, we also must balance the law versus the patrons needs. Fortunately, copyright law does not always restrict a patron's uses. In many cases a solid understanding of copyright can help ease a patron's fears, or provide legal alternatives to a patron's request, or help educate the community at large.

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          New Roles for New Times: Transforming Liaison Roles in Research Libraries

          Posted in ARL Libraries, Copyright, Digital Humanities, Research Libraries, Scholarly Communication on September 9th, 2013

          ARL has released New Roles for New Times: Transforming Liaison Roles in Research Libraries.

          Here's an excerpt:

          The liaison role in research libraries is rapidly evolving. An engagement model in which library liaisons and functional specialists collaborate to understand and address the wide range of processes in instruction and scholarship is replacing the traditional tripartite model of collections, reference, and instruction. New roles in research services, digital humanities, teaching and learning, digital scholarship, user experience, and copyright and scholarly communication are being developed at research libraries across the country, requiring professional development and re-skilling of current staff, creative approaches to increase staff capacity, the development of new spaces and infrastructure, and collaborative partnerships within libraries, across campus units, and among research institutions.

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            Draft Policy on Open Access for Data and Information

            Posted in Copyright, Data Curation, Open Data, and Research Data Management, Open Access, Publishing on September 6th, 2013

            The EU e-infrastructure coordination pro-iBiosphere project has released the Draft Policy on Open Access for Data and Information.

            Here's an excerpt from the announcement:

            The document addresses legal issues that hamper an integrative system for managing biodiversity knowledge in Europe. It describes the importance for scientists to have access to documents and data in order to synthesize disparate information and to facilitate data mining (or similar research techniques). It explores some aspects of copyright and database protection that influence access to and re-use of biodiversity data and information and refers to exceptions and limitations of copyright or database protection provided for within the relevant EU Directives.

            The scientists also suggest that publicly funded institutions should refrain from claiming intellectual property rights for biodiversity data and information published or made accessible by them. Re-use of biodiversity data and information for research purposes should be allowed without any form of authorization. The only claims that publicly funded institutions should make are to ensure users fully acknowledge the sources of information that they rely on.

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              "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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