Archive for the 'Copyright' Category

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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                "Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest"

                Posted in Copyright, Digital Copyright Wars on February 24th, 2014

                Vicenç Feliú has self-archived "Orphans in Turmoil: How a Legislative Solution Can Help Put the Orphan Works Dilemma to Rest" in SSRN.

                Here's an excerpt:

                The orphan works issue has continued to grow in the U.S. despite strong efforts to find a workable solution. Stake holders on both sides of the issue have proposed and opposed solutions and compromises that could have alleviated the problem, and we are still no closer to an agreement. This paper posits that the solutions offered in the proposed legislation of 2006 and 2008 provide a strong working foundation for a legislative answer to the issue. To make that answer workable, a new legislative effort would have to take into account the questions raised by stakeholders to the previous legislative attempts and provide workable answers. This paper also proposes those answers can be found in the working models used by other jurisdictions attempting to solve the orphan works dilemma.

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                  Copyright Office Seeks Comments on Orphan Works and Mass Digitization

                  Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation, Mass Digitizaton on February 21st, 2014

                  The US Copyright Office is seeking comments on orphan works and mass digitization and it will hold public roundtable discussions on these topics.

                  Here's an excerpt from the announcement:

                  The United States Copyright Office will host public roundtable discussions on potential legislative solutions for orphan works and mass digitization under U.S. copyright law on March 10-11, 2014, in Washington, D.C. Requests to participate should be submitted by February 24, 2014. For a participation request form, go to http://www.copyright.gov/orphan/participation-request-form.html.

                  The Office is also seeking public comments on potential legislative solutions for orphan works and mass digitization under U.S. copyright law. A comment form will be posted on the Copyright Office website at http://www.copyright.gov/orphan/ no later than March 12, 2014. Comments are due by April 14, 2014, and will be posted on the Copyright Office website.

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                    "Copyright and Inequality"

                    Posted in Copyright on February 20th, 2014

                    Lea Shaver has self-archived "Copyright and Inequality."

                    Here's an excerpt:

                    The prevailing theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. The majority of the world's people experience copyright law not as a boon to consumer choice, but as a barrier to acquiring knowledge and taking part in cultural life. The resulting patterns of privilege and disadvantage, moreover, reinforce and perpetuate preexisting social divides. Class and culture combine to explain who wins, and who loses, from copyright protection. . . . This article highlights and explores these relationships between copyright and social inequality, offering a new perspective on what is at stake in debates over copyright reform on issues ranging from fair use to fashion and everything in between.

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                      "Impact of Public Domain Resources On Public Libraries in the United States"

                      Posted in Copyright, Creative Commons/Open Licenses, Libraries, Public Domain on February 19th, 2014

                      Anne Arendt and Dustin Fife have published "Impact of Public Domain Resources On Public Libraries in the United States" in the Journal of Librarianship and Information Science.

                      Here's an excerpt:

                      Ownership and rights issues relating to electronic resources can be a source of angst, confusion and litigation. This is due in part to the automatic copyright many individuals receive, including in the United States, upon creation of an original work. However, there are options available for relaxing these rights. One of these options is Creative Commons Zero. . . . Based on the above, this document researches the awareness, complexity and effects of Creative Commons Zero and related licenses on libraries as perceived by library directors and managers across the United States. In order to accomplish this, a quantitative survey was administered in an anonymous web-based format.

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                        Only 20.56 % of Jounals in DOAJ Use CC BY or CC BY-SA License

                        Posted in Copyright, Creative Commons/Open Licenses, Open Access, Publishing, Scholarly Journals on February 17th, 2014

                        The post "CC-BY Dominates under the Creative Commons licensed Journals in the Directory of Open Access Journals (DOAJ)" analyzes the use of Creative Commons licences by journals in the Directory of Open Access Journals.

                        Here's an excerpt:

                        A total of 2,016 (or 20.56 %) of the guided journal in DOAJ therefore use a license (CC-BY or CC-BY-SA), which is compatible with the requirements of the Open Definition and allow a restriction-free use of the contents within the meaning of Open Access defined the Budapest Open Access Initiative, the RCUK Open Access policy and the Berlin Declaration.

                        If we consider the subset of journals that use any CC license that the claims of the Open Definition sufficient licenses dominate even slightly: About 54% of all journals that use a CC license , use either CC-BY ( 52.77 %) or CC-BY-SA (1.40 %). Surprisingly low is the proportion of journals which use the most restrictive CC license CC-BY-NC-ND : Only 737 journals (7.52 % of all journals and 19.80% under the CC-licensed journals). This license variant neither allows edits or allows to create derivative works (such as translations) nor a commercial use is possible. Surprisingly allow more than half (2,060, 55.35 %) of which is under a CC license Journals a commercial exploitation of the contents, only 44.65% (1662) prohibit this.

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