Archive for the 'Digital Copyright Wars' Category

"The Rise, Fall, and Rise of ACTA?"

Posted in Copyright, Digital Copyright Wars on August 26th, 2014

Peter (Jay) Smith has published "The Rise, Fall, and Rise of ACTA?" in Digital Studies.

Here's an excerpt:

In July 2012 the European Parliament defeated the Anti-Counterfeiting Trade Agreement (ACTA). Supposedly the attempt to impose global norms on intellectual property rights and thereby restrict digital copyright was dead. Or was it? This paper argues that the spirit of ACTA may live on in a host of other trade agreements currently being negotiated. That is, ACTA, or even more restrictive versions of it, could be imposed through the back door at least upon weaker states through bilateral agreements with the United States and the European Union. The result could be a spaghetti bowl of rules on digital copyright with some countries enjoying more digital rights, online freedom, and privacy than others.

Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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    "EFF Urges Appeals Court to Keep Protecting Fair Use"

    Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on July 15th, 2014

    EFF has released "EFF Urges Appeals Court to Keep Protecting Fair Use."

    Here's an excerpt:

    In this latest appeal, the Authors Guild (and its supporters) claim that fair use is being unjustly expanded, portraying Judge Chin's ruling and other recent court opinions as some kind of fair-use creep, stretching beyond the original intent of the doctrine. Specifically, the Guild argues that the first of the four statutory fair use factors—the purpose of the use, which asks whether the use of the copyrighted material is transformative and/or non-commercial—weighs against Google. The Authors Guild and its amici insist that a use cannot be transformative if it doesn't add new creative expression to the pre-existing work. But as Judge Chin so rightly recognized, a use can be transformative if serves a new and distinct purpose.

    Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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      Economic Impacts of Adapting Certain Limitations and Exceptions to Copyright and Related Rights

      Posted in Copyright, Digital Copyright Wars, Digital Curation & Digital Preservation, Reports and White Papers on June 27th, 2014

      The European Commission has released Economic Impacts of Adapting Certain Limitations and Exceptions to Copyright and Related Rights.

      Here's an excerpt from the summary:

      The first part of the study is the report by Charles River Associates "Assessing the economic impacts of adapting certain limitations and exceptions to copyright and related rights in the EU" (Langus et al., 2013, henceforth "CRA Methodology Report"), which establishes a methodology to assess exceptions and limitations to copyright. . . .

      In turn, the present report uses the aforementioned methodology to assess the economic impacts of specific policy options in several topics of interest, in view of providing policy guidance on these topics. This report focuses on the following topics:

      • Digital preservation by cultural heritage and educational institutions;
      • The provision of remote access by cultural heritage and educational institutions to their collections for the benefit of their patrons;
      • E-lending by publicly accessible libraries;
      • Text and data mining for the purpose of scientific research;
      • Reproductions made by natural persons for private uses.

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        EU Advocate General Issues Opinion on Library Digitization

        Posted in Copyright, Digital Copyright Wars, Digitization, Libraries, Mass Digitizaton, Research Libraries on June 6th, 2014

        The European Union's Advocate General has issued an opinion on library digitization.

        Here's an excerpt from the announcement:

        Here's an excerpt:

        Next, the Advocate General considers that the directive does not prevent Member States from granting libraries the right to digitise the books from their collections, if their being made available to the public by dedicated terminals requires it. That may be the case where it is necessary to protect original works which, although still covered by copyright, are old, fragile or rare. That may also be the case where the work in question is consulted by a large number of students and its photocopying might result in disproportionate wear.

        However, Mr Jääskinen makes clear that the directive permits not the digitisation of a collection in its entirety, but only the digitisation of individual works. It is particularly important not to opt to use dedicated terminals where the sole purpose of doing so is to avoid the purchase of a sufficient number of physical copies of the work.

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          "Copyright Roundup 3—Changes in UK Law"

          Posted in Copyright, Digital Copyright Wars on June 2nd, 2014

          Kevin Smith has published "Copyright Roundup 3—Changes in UK Law" in Scholarly Communications @ Duke.

          Here's an excerpt:

          Second, the British are now adopting an exception for text and data mining into their law. This is huge, and reinforces the idea I have expressed before that libraries should be reluctant about agreeing to licensing terms around TDM; the rights are likely already held by users in many cases, so those provisions really would have the effect, despite being promoted as assisting research, of putting constraints (and sometimes added costs) on what scholars can already do. This is probably true in the U.S., where fair use likely gets us further than vendor licenses would, and it has now been made explicit in the U.K.

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            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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              "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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                "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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