Archive for the 'Copyright' Category

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

Posted in Copyright, Libraries, Public Domain, Research Libraries on January 19th, 2016

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

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

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

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

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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"Trade Officials Announce Conclusion of TPP—Now the Real Fight Begins"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on October 6th, 2015

The EFF has released "Trade Officials Announce Conclusion of TPP—Now the Real Fight Begins" by Maira Sutton.

Here's an excerpt:

Trade officials have announced today that they have reached a final deal on the Trans-Pacific Partnership (TPP). Their announcement came after a drawn out round of negotiation in Atlanta, Georgia, which was mainly held up around disagreements over medicine patent rules and tariffs over autos and dairy.

We have no reason to believe that the TPP has improved much at all from the last leaked version released in August, and we won't know until the U.S. Trade Representative releases the text. So as long as it contains a retroactive 20-year copyright term extension, bans on circumventing DRM, massively disproportionate punishments for copyright infringement, and rules that criminalize investigative journalists and whistleblowers, we have to do everything we can to stop this agreement from getting signed, ratified, and put into force.

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"Help the Copyright Office Understand How to Address Mass Digitization"

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on September 28th, 2015

The DPLA has published "Help the Copyright Office Understand How to Address Mass Digitization" in the DPLA Blog.

Here's an excerpt:

The U.S. Copyright Office recently issued a report and a request for comments on its proposal for a new licensing system intended to overcome copyright obstacles to mass digitization. While the goal is laudable, the Office's proposal is troubling and vague in key respects.

The overarching problem is that the Office's proposal doesn't fully consider how libraries and archives currently go about digitization projects, and so it misidentifies how the law should be improved to allow for better digital access. It's important that libraries and archives submit comments to help the Office better understand how to make recommendations for improvements.

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"Important Win for Fair Use in ‘Dancing Baby’ Lawsuit"

Posted in Copyright, Digital Copyright Wars on September 16th, 2015

The EFF has released "Important Win for Fair Use in 'Dancing Baby' Lawsuit."

Here's an excerpt:

The Electronic Frontier Foundation (EFF) represents Stephanie Lenz, who-back in 2007-posted a 29-second video to YouTube of her children dancing in her kitchen. The Prince song "Let's Go Crazy" was playing on a stereo in the background of the short clip. Universal Music Group sent YouTube a notice under the Digital Millennium Copyright Act (DMCA), claiming that the family video infringed the copyright in Prince's song. EFF sued Universal on Lenz's behalf, arguing that Universal abused the DMCA by improperly targeting a lawful fair use.

Today [September 14, 2015], the United States Court of Appeals for the Ninth Circuit ruled that copyright holders like Universal must consider fair use before trying to remove content from the Internet. It also rejected Universal's claim that a victim of takedown abuse cannot vindicate her rights if she cannot show actual monetary loss.

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"Sharing Research Data and Intellectual Property Law: A Primer"

Posted in Copyright, Data Curation, Open Data, and Research Data Management on September 2nd, 2015

Michael W. Carroll has published "Sharing Research Data and Intellectual Property Law: A Primer" in PLOS Biology.

Here's an excerpt:

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security laws that regulate sharing certain types of data, this Perspective explains how to work through the general intellectual property and contractual issues for all research data.

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Enquiries Into Intellectual Property’s Economic Impact

Posted in Copyright, Open Access, Reports and White Papers on August 28th, 2015

OECD has released Enquiries Into Intellectual Property's Economic Impact.

Here's an excerpt from "Chapter 7: Legal Aspects of Open Access to Publicly Funded Research":

To explain the interplay between open access and IP laws, this chapter provides an overview of the IP regimes that protect research outputs in a sample of OECD jurisdictions. It then reviews the open access policies that are in place in some of those jurisdictions and examines two contexts in which IP questions can arise when open access principles are applied: public/private partnerships and text and data mining.

Also of interest: "Chapter 5: Copyright in the Digital Era: Country Studies."

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Copyright Reform for a Digital Economy

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation, Reports and White Papers on August 27th, 2015

The Computer & Communications Industry Association, has released Copyright Reform for a Digital Economy.

Here's an excerpt:

Congress can accommodate new technology innovation by:

(a) ensuring that fair use, which is integral to the fabric of the Copyright Act, remains a central consideration in any legislative effort;

(b) preserving the first sale doctrine to ensure that contractual restrictions do not limit the free movement of goods in the economy as more products increasingly incorporate digital components; and

(c) reforming the licensing landscape to ensure greater transparency as to copyright ownership and to better police against anticompetitive conduct, particularly where rights ownership is highly concentrated, and reforming Copyright Office functions to improve the quality and public availability of data about copyrighted works.

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Creative Commons License Court Decision: "Defining Derivatives"

Posted in Copyright, Creative Commons/Open Licenses on August 25th, 2015

Kevin Smith has published "Defining Derivatives" in Scholarly Communications @ Duke in which he discusses the Drauglis V. Kappa Map Group decision. In this case, a photographer sued a publisher who used his CC BY-SA licensed photo on Flickr without permission.

Here's an excerpt:

One thing that is clear, and this is my second point, is that a Share Alike provision does not require that the second work be made available for free, as long as a derivative is not created. The compilation atlas containing Drauglis' photo was sold, of course, and the court said that was OK because there was no non-commercial restriction on the license and the commercial work was not a derivative (which would activate the share alike restriction).

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