Archive for the 'Copyright' Category

"Private But Eventually Public: Why Copyright in Unpublished Works Matters in the Digital Age"

Posted in Copyright, Digital Curation & Digital Preservation, Privacy on April 18th, 2013

Damien McCallig has published "Private But Eventually Public: Why Copyright in Unpublished Works Matters in the Digital Age" in the latest issue of SCRIPTed.

Here's an excerpt:

Digital life is no longer only concerned with online communication between living individuals; it now encompasses post-death phenomena of inheritance, legacy, mourning and further uses of our digital remains. Scholars and practitioners seeking an appropriate legal theory to claim, control and recover the digital remains of the dead and protect post-mortem privacy interests have identified copyright as a possible surrogate.

This article explores the links between copyright and privacy in unpublished works. It charts the historical development of perpetual copyright protection in unpublished works, reviews the reasons why perpetual protection for unpublished works has been abolished and analyses some of the privacy impacts of these changes. It argues that without perpetual copyright protection and the surrogate privacy protections in unpublished works, the fear that one's digital remains will eventually be opened to societal scrutiny may lead to the fettering of personal and private communication, while alive, and may promote the deletion of one's digital remains in contemplation of death.

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    "What Copyright Owes the Future"

    Posted in Copyright, Digital Curation & Digital Preservation, Public Domain on April 16th, 2013

    R. Anthony Reese has self-archived "What Copyright Owes the Future" in SSRN.

    Here's an excerpt:

    This Lecture explores the subject of preserving copyrighted works for the future in four steps. First, I look at why preserving creative works is important and valuable. Next, I examine the ways in which copyright law has traditionally encouraged—or not encouraged—the preservation of copyrighted works. Third, I explore how digital technology and computer networks, such as the Internet, pose new challenges for preserving creative works. And finally, I consider briefly how we might rethink and revise copyright law to respond to the challenges of preserving works of authorship for future audiences.

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      "The Copyright Axis of Evil: The Academic Library Must Confront Threats to User Rights"

      Posted in Copyright, Digital Copyright Wars, Research Libraries on April 11th, 2013

      ACRL has released "The Copyright Axis of Evil: The Academic Library Must Confront Threats to User Rights" as part of the ACRL 2013 Proceedings.

      Here's an excerpt:

      This paper will define the key copyright developments that will challenge academic libraries over the next two years (2013-15) as they seek to support teaching, learning and research at their institutions. American libraries have benefited in significant ways from the availability of fair use (section 107) and various exceptions (section 108) in the US copyright law. But a new library treaty in development at the World Intellectual Property Organization highlights the expanding influence of global copyright developments on national policies.

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        "The Next Great Copyright Act: A Primer"

        Posted in Copyright on April 8th, 2013

        Rick Marshall has self-archived "The Next Great Copyright Act: A Primer" in SSRN.

        Here's an excerpt:

        In early March, U.S. Register of Copyrights Maria A. Pallante visited Columbia Law School to deliver the 26th annual Horace S. Manges lecture. Her full remarks contained an impassioned plea for Congress to overhaul the existing copyright regime and create "The Next Great Copyright Act." Much of what she said during her lecture, she reiterated in her testimony on Wednesday before the House Subcommittee on Courts, Intellectual Property, and the Internet.

        What follows is a primer (complete with hyperlinks) for those who lack the time to read the Register's remarks or watch her testimony.

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          The Impact of the Supreme Court’s Decision in Kirtsaeng v. Wiley on Libraries

          Posted in Copyright, Libraries, Reports and White Papers on April 4th, 2013

          The Library Copyright Alliance has released The Impact of the Supreme Court's Decision in Kirtsaeng v. Wiley on Libraries.

          Here's an excerpt:

          This paper first provides background on this issue and an overview of the Kirtsaeng litigation. It then summarizes Justice Breyer's majority opinion, Justice Kagan's concurrence, and Justice Ginsburg's dissent, emphasizing the opinions' references to libraries. The paper next discusses the likely arguments of those who may seek to overturn the Court's decision and the shortcomings of those arguments. Finally, the paper concludes that the Supreme Court decision represents a complete victory for libraries, reaffirming the importance of libraries' engagement in policy debates.

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            "Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after Authors Guild v. Hathitrust"

            Posted in Copyright, Digital Copyright Wars, Digital Curation & Digital Preservation, Digitization, Mass Digitizaton on April 1st, 2013

            Angel Siegfried Diaz has self-archived "Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after Authors Guild v. Hathitrust" in SSRN.

            Here's an excerpt from:

            This note discusses the future of digital libraries and other products reliant on mass digitization in the wake of the Hathitrust decision. First, this note presents an overview of U.S. copyright protection and the ways in which its goal of incentivizing authors has consistently been balanced by efforts to protect preservation, access, and fair use. . . .

            Second, this note discusses the trial court opinion in Authors Guild v. Hathitrust and the court's fair use finding regarding the full-text search index and copies for the print disabled. . . .

            Third, this note discusses the Hathitrust decision's effect on the future of the Google Books case and argues that the fair use ruling paves the road for a similar finding while also giving Google leverage in its ongoing settlement negotiations. . . .

            Fourth, after exploring the judicial efforts to protect useful technologies as a matter of public policy, this note explores legislative solutions that would better advance copyright's goals of promoting education, research, preservation, and access.

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              Archives and Copyright: Risk and Reform

              Posted in Copyright, Digital Archives and Special Collections, Digitization, Mass Digitizaton, Reports and White Papers on March 29th, 2013

              CREATe has released Archives and Copyright: Risk and Reform.

              Here's an excerpt:

              This paper considers the place of the archive sector within the copyright regime, and how copyright impacts upon the preservation, access to, and use of archival holdings. It will begin with a critical assessment of the current parameters of the UK copyright regime as it applies to the work of archivists, including recommendations for reform that have followed in the wake of the Gowers Review of Intellectual Property (2006-2010), the Hargreaves Review of Intellectual Property and Growth (2010-2011), the recent Consultation on Copyright (2011-12), as well as the government's response thereto: Modernising Copyright (2012). It considers the various problems the copyright regime presents for archives undertaking mass digitisation projects as well as recent European and UK initiatives in this domain.

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                Entire Editorial Board of Journal of Library Administration Resigns

                Posted in Author Rights, Copyright, Open Access, Publishing, Scholarly Journals on March 25th, 2013

                There have been several reports stating that the editorial board of the Journal of Library Administration has resigned. The Journal of Library Administration is published by Taylor & Francis, which publishes a number of library and information science journals.

                Here's an excerpt from Brian Mathews's "So I'm Editing This Journal Issue and . . ." in which he quotes an e-mail from Damon Jaggars:

                "The Board believes that the licensing terms in the Taylor & Francis author agreement are too restrictive and out-of-step with the expectations of authors in the LIS community."

                "A large and growing number of current and potential authors to JLA have pushed back on the licensing terms included in the Taylor & Francis author agreement. Several authors have refused to publish with the journal under the current licensing terms."

                "Authors find the author agreement unclear and too restrictive and have repeatedly requested some form of Creative Commons license in its place."

                "After much discussion, the only alternative presented by Taylor & Francis tied a less restrictive license to a $2995 per article fee to be paid by the author. As you know, this is not a viable licensing option for authors from the LIS community who are generally not conducting research under large grants."

                "Thus, the Board came to the conclusion that it is not possible to produce a quality journal under the current licensing terms offered by Taylor & Francis and chose to collectively resign."

                The Editorial Board members are:

                Damon Jaggars (Editor)
                Kristin Antelman
                Chris Bourg
                Lisa German
                Fred M. Heath
                Paula T. Kaufman
                Deanna B. Marcum
                Sarah C. Michalak
                James G. Neal
                Ann J. Wolpert
                Makoto Nakamoto
                Stephen Town

                Read more about it at "Editorial Board Resigns from T&F Journal to Protest Restrictive Licensing," "The Journal of Library Administration," and "My Short Stint on the JLA Editorial Board."

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