Archive for the 'Copyright' Category

"’Safe Harbor’ for the Innocent Infringer in the Digital Age"

Posted in Copyright, Digital Copyright Wars on January 27th, 2014

Tonya M. Evans has self-archived "'Safe Harbor' for the Innocent Infringer in the Digital Age" in SSRN.

Here's an excerpt:

The primary goal of this Article is three-fold: (1) to explore the role of the innocent infringer archetype historically and in the digital age; (2) to highlight the tension between customary and generally accepted online uses and copyright law that compromise efficient use of technology and progress of the digital technologies, the Internet, and society at large; and (3) to offer a legislative fix in the form of safe harbor for direct innocent infringers. Such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far easier than ever to commit, extremely difficult to police, and often causes little, if any, cognizable market harm.

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    "E-Book Monopolies and the Law"

    Posted in Copyright, Digital Rights Management, E-Books, Publishing on January 22nd, 2014

    Angela Daly has self-archived "E-Book Monopolies and the Law" in SSRN

    Here's an excerpt:

    This article will examine the legality of the digital rights management ("DRM") measures used by the major e-book publishers and device manufacturers in the United States, European Union and Australia not only to enforce their intellectual property rights but also to create monopolistic content silos, restrict interoperability and affect the ability for users to use the content they have bought in the way they wish. The analysis will then proceed to the recent competition investigations in the US and EU over price-fixing in e-book markets, and the current litigation against Amazon in the US for an alleged abuse of its dominant position. A final point will be made on possible responses in Australia to these issues taking into account the jurisprudence on DRM in other scenarios.

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      Safe to Be Open: Study on the Protection of Research Data and Recommendation for Access And Usage

      Posted in Copyright, Data Curation, Open Data, and Research Data Management, Digital Curation & Digital Preservation, Open Access on January 20th, 2014

      OpenAIRE has released Safe to Be Open: Study on the Protection of Research Data and Recommendation for Access And Usage.

      Here's an excerpt from the announcement:

      This study addresses the most important legal issues when implementing an open access e-infrastructure for research data. It examines the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications. The existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from the general European perspective as well as from that of selected EU Member States. Various examples and usage scenarios are used to explain the scope of protection of the potentially relevant IP rights. In addition different licence models are analysed in order to identify the licence that is best suited to the aim of open access, especially in the context of the infrastructure of OpenAIREplus. Based on the outcomes of these analyses, some recommendations to the European legislator as well as data- and e-infrastructure providers are given on improving the rights situation in relation to research data.

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        Creative Commons 4.0 Licenses Released

        Posted in Copyright, Creative Commons/Open Licenses on December 4th, 2013

        The Creative Commons has released version 4.0 of its licenses.

        Here's an excerpt from the announcement:

        We proudly introduce our 4.0 licenses, now available for adoption worldwide. The 4.0 licenses—more than two years in the making—are the most global, legally robust licenses produced by CC to date. We have incorporated dozens of improvements that make sharing and reusing CC-licensed materials easier and more dependable than ever before.

        We had ambitious goals in mind when we embarked on the versioning process coming out of the 2011 CC Global Summit in Warsaw. The new licenses achieve all of these goals, and more. The 4.0 licenses are extremely well-suited for use by governments and publishers of public sector information and other data, especially for those in the European Union. This is due to the expansion in license scope, which now covers sui generis database rights that exist there and in a handful of other countries.

        Among other exciting new features are improved readability and organization, common-sense attribution, and a new mechanism that allows those who violate the license inadvertently to regain their rights automatically if the violation is corrected in a timely manner.

        You can find highlights of the most significant improvements on our website, track the course of the public discussion and evolution of the license drafts on the 4.0 wiki page, and view a recap of the central policy decisions made over the course of the versioning process.

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          "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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