Archive for the 'Digital Copyright Wars' Category

Lots of Institutional Repositories Keep E-prints Safe

Posted in Copyright, Digital Copyright Wars, Digital Repositories, Disciplinary Archives, Institutional Repositories, Open Access, Open Science, Publishing, Research Libraries, Scholarly Journals, Self-Archiving on October 12th, 2017

The seductive allure of a commercial mega repository is two-fold: (1) everything is conveniently in one place, and (2) a company is taking care of the dreary and expensive business of running it.

Everything seems fine: problem solved! That is until something goes wrong, such as the repository being bought and controlled by a publisher or being threatened by lawsuits by a coterie of publishers.

Then it's important to remember: it's a company, and companies exist to make a profit.

Heh, companies are great. I wouldn't have just had that tasty cup of coffee without them. But, we should be very clear about what motivates companies and controls their behavior. And we shouldn't be shocked if they do things that aren't motivated by lofty goals.

I know: institutional repositories are hard work. The bloom is off the rose. But they exist to serve higher education, not make money, and they part of the academic communities they serve. And they can't be bought. And their universities don't often go out of business. And there are a lot of them. And they are not likely to be attractive targets for lawsuits unless something has gone very, very wrong at the local level.

Copyright is complicated. No one is advocating that we ignore it and just shove e-prints into IR's willy-nilly. Getting faculty to understand the ins and outs of e-print copyright is no picnic, nor is monitoring for compliance. But the battle is easier to fight at the local level where one-on-one faculty to librarian communication is possible.

For self-archiving to flourish in the long run, institutional repositories must flourish. By and large, librarians establish, run, and support them, and they are the quiet heroes of green open access who will continue to provide a sustainable and reliable infrastructure for self-archiving.

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"ResearchGate Backs Down"

Posted in Copyright, Digital Copyright Wars, Open Access, Open Science, Publishing, Scholarly Journals, Self-Archiving on October 11th, 2017

Lindsay McKenzie has published "ResearchGate Backs Down" in Inside Higher Ed.

ResearchGate is removing "large numbers" of e-prints to comply with publisher demands.

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Coalition for Responsible Sharing’s Statement: "Publishers and Societies Take Action against ResearchGate’s Copyright Infringements"

Posted in Copyright, Digital Copyright Wars, Digital Repositories, E-Prints, Open Access, Open Science, Publishing, Scholarly Journals, Self-Archiving on October 6th, 2017

The Coalition for Responsible Sharing has released "Publishers and Societies Take Action against ResearchGate’s Copyright Infringements."

Here's an excerpt:

Numerous attempts to agree with ResearchGate on amicable solutions, including signing up to the Voluntary Principles of Article Sharing on Scholarly Collaboration Networks and implementing a user-friendly technical solution, remained unsuccessful. Members of the Coalition for Responsible Sharing are therefore now resorting to formal means to alter ResearchGate's damaging practices. The coalition members include the American Chemical Society, Brill, Elsevier, Wiley and Wolters Kluwer. These organizations will begin to issue takedown notices to ResearchGate requesting that infringing content be removed from the site. Concurrently, The American Chemical Society and Elsevier are asking the courts to clarify ResearchGate's copyright responsibility.

See also: "ResearchGate: Publishers Take Formal Steps to Force Copyright Compliance."

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"Publishers Taking Legal Action against ResearchGate to Limit Unlicensed Paper Sharing on Networking Site"

Posted in Copyright, Digital Copyright Wars, Digital Repositories, Open Access, Open Science, Publishing, Scholarly Journals, Self-Archiving on October 5th, 2017

Jyllian Kemsley and Andrea Widener have published "Publishers Taking Legal Action against ResearchGate to Limit Unlicensed Paper Sharing on Networking Site" in Chemical & Engineering News.

Publishers could issue "millions" of take-down notices to ResearchGate.

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"Will Ruling in ReDigi Case Open the Door to a Used E-book Market?"

Posted in Copyright, Digital Copyright Wars, Publishing on August 24th, 2017

Andrew Albanese has published "Will Ruling in ReDigi Case Open the Door to a Used E-book Market?" in Publishers Weekly.

Here's an excerpt:

Should there be a legal market for reselling "used" digital files, like the secondary market that currently exists for books or CDs in the analog world?

Read more about Capitol Records, LLC v. ReDigi Inc.

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Lessons From History: The Copyright Office Belongs in the Library of Congress

Posted in Copyright, Digital Copyright Wars, Reports and White Papers, Research Libraries on August 11th, 2017

ALA has released Lessons From History: The Copyright Office Belongs in the Library of Congress.

Here's an excerpt from the announcement:

Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, [Alisa] Holahan's analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time.

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"For Second Time, Appeals Court Hears GSU E-Reserves Case"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries on August 5th, 2017

Andrew Albanese has published "For Second Time, Appeals Court Hears GSU E-Reserves Case" in Publishers Weekly.

Here's an excerpt:

In the hearing, which went for just over an hour, a three-judge panel of the 11th Circuit in Atlanta, once again pressed attorneys for the fault lines in the decade-old copyright case, with much of the hearing focusing on whether Judge Orinda Evans correctly evaluated the fourth factor of the four factor fair use test (the effect on the market), and then properly weighted that factor in making her fair use determinations.

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"EU Research Committee Wants to Gift Publishers New Rights to Restrict Access to Scientific Research"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing, Scholarly Journals on July 21st, 2017

COMMUNIA has released "EU Research Committee Wants to Gift Publishers New Rights to Restrict Access to Scientific Research."

Here's an excerpt:

Last week the Culture and Education Committee (CULT) and the Committee on Industry, Research and Energy (ITRE) voted on their final opinions on the Commission’s Directive on Copyright in the Digital Single Market. . . .

The introduction of a new right for press publishers (aka the “link tax”) to extract fees from search engines for incorporating short snippets of—or even linking to—their content in article 11 is one of the most controversial issues of the proposed directive. Adopting this type of ancillary right at the EU level would have a strong negative impact on all stakeholders, including publishers, authors, journalists, researchers, online service providers, and readers. . . .

In the votes last week in the CULT and ITRE committees, the press publishers right was also carried through – and even expanded. Both of the recent opinions remove the restriction that the right applies to digital uses only, meaning that if adopted it would cover all uses—both digital and in print. Even worse, ITRE—the committee responsible for policy relating to the promotion of research—voted to extend the press publishers right to cover scientific publications.

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"Copyright Reform Is Never Happening"

Posted in Copyright, Digital Copyright Wars on April 18th, 2017

Andrew Albanese has published "Copyright Reform Is Never Happening" in Publishers Weekly.

Here's an excerpt:

But here's what’s most troublesome to me: this bill [the Register of Copyrights Selection and Accountability Act (H.R. 1695)] can so easily be seen as an attempt to keep Maria Pallante's views on copyright intact at the Copyright Office, that it could very well taint anything that might eventually come from the House Judiciary Committee review.

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"Looking into Pandora’s Box: The Content of Sci-Hub and Its Usage"

Posted in Copyright, Digital Copyright Wars, Publishing, Scholarly Journals on April 11th, 2017

Bastian Greshake has self-archived "Looking into Pandora's Box: The Content of Sci-Hub and Its Usage."

Here's an excerpt:

By utilizing the recently released corpus of Sci-Hub and comparing it to the data of ~28 million downloads done through the service, this study tries to address some of these questions. The comparative analysis shows that both the usage and complete corpus is largely made up of recently published articles, with users disproportionately favoring newer articles and 35% of downloaded articles being published after 2013. These results hint that embargo periods before publications become Open Access are frequently circumnavigated using Guerilla Open Access approaches like Sci-Hub.

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"Leveraging Exceptions and Limitations for Digital Curation and Online Collections: The U.S. Case"

Posted in Copyright, Digital Archives and Special Collections, Digital Copyright Wars, Digital Curation & Digital Preservation on March 17th, 2017

Patricia Aufderheide has published "Leveraging Exceptions and Limitations for Digital Curation and Online Collections: The U.S. Case" in Libellarium: Journal for the Research of Writing, Books, and Cultural Heritage Institutions.

Here's an excerpt:

Librarians wanting to use digital affordances for their patron’s and public benefit have increasingly found themselves frustrated by copyright law designed for a pre-digital era. In the U.S., this frustration has driven the nation’s most prestigious library group, the Association of Research Libraries, to explore the utility of the major exception to copyright monopoly rights, fair use, in order to accomplish basic curation and collection goals in a digital era. The ARL's efforts to clarify how libraries can employ fair use has resulted in sometimes-dramatic changes in how work is done, and has permitted innovation at some universities. Its approach demonstrates the power of consensus in a professional field to permit innovation within the law.

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"Copyright Compliance and Infringement in ResearchGate Full-Text Journal Articles"

Posted in Copyright, Digital Copyright Wars, E-Prints, Open Access, Publishing, Scholarly Journals, Self-Archiving on March 2nd, 2017

Hamid R. Jamali has self-archived "Copyright Compliance and Infringement in ResearchGate Full-Text Journal Articles."

Here's an excerpt:

This study aims to investigate the extent to which ResearchGate members as authors of journal articles comply with publishers' copyright policies when they self-archive full-text of their articles on ResearchGate. . . . The key finding was that 201 (51.3%) out of 392 non-OA articles infringed the copyright and were non-compliant with publishers' policy. While 88.3% of journals allowed some form of self-archiving (SHERPA/RoMEO green, blue or yellow journals), the majority of non-compliant cases (97.5%) occurred when authors self-archived publishers' PDF files (final published version).

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