Archive for the 'Copyright' Category

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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              Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate

              Posted in Copyright, Digital Copyright Wars, Reports and White Papers on July 26th, 2013

              The Berkman Center for Internet & Society has released Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate.

              Here's an excerpt from the announcement:

              In this paper, we use a new set of online research tools to develop a detailed study of the public debate over proposed legislation in the United States that was designed to give prosecutors and copyright holders new tools to pursue suspected online copyright violations. Our study applies a mixed-methods approach by combining text and link analysis with human coding and informal interviews to map the evolution of the controversy over time and to analyze the mobilization, roles, and interactions of various actors.

              This novel, data-driven perspective on the dynamics of the networked public sphere supports an optimistic view of the potential for networked democratic participation, and offers a view of a vibrant, diverse, and decentralized networked public sphere that exhibited broad participation, leveraged topical expertise, and focused public sentiment to shape national public policy.

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                "First Amendment Constraints on Copyright after Golan v. Holder"

                Posted in Copyright, Public Domain on July 18th, 2013

                Neil Weinstock Netanel has self-archived "First Amendment Constraints on Copyright after Golan v. Holder" in SSRN.

                Here's an excerpt:

                Commentators have depicted the Supreme Court's January 2012 ruling in Golan v. Holder as a far-reaching repudiation of First Amendment limits on Congress's power to expand copyright and diminish the public domain. However, Golan imposes potentially significant First Amendment constraints on copyright protection even while granting fairly broad First Amendment immunity to Copyright Act amendments. It does so by effectively adopting Melville Nimmer's "definitional balancing" approach to resolving the tension between copyright and the First Amendment. . . As Golan applies that approach, neither Congress nor courts may "disturb" copyright law's idea/expression dichotomy or fair use privilege without running afoul of the First Amendment. Accordingly, following Golan, Copyright Act provisions and proposed legislation that would diminish one or both of those free speech safeguards remain vulnerable to First Amendment challenge.

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