Archive for the 'Digital Copyright Wars' Category

"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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"’Notice-and-Stay-Down’ Is Really ‘Filter-Everything’"

Posted in Copyright, Digital Copyright Wars on February 24th, 2017

Elliot Harmon has published "'Notice-and-Stay-Down' Is Really 'Filter-Everything'" in Deeplinks.

Here's an excerpt:

There's a debate happening right now over copyright bots, programs that social media websites use to scan users’ uploads for potential copyright infringement. A few powerful lobbyists want copyright law to require platforms that host third-party content to employ copyright bots, and require them to be stricter about what they take down. Big content companies call this nebulous proposal "notice-and-stay-down," but it would really keep all users down, not just alleged infringers. In the process, it could give major content platforms like YouTube and Facebook an unfair advantage over competitors and startups (as if they needed any more advantages). "Notice-and-stay-down" is really "filter-everything."

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EFF Submits Amicus Brief in Cambridge Press v. Georgia State University E-Reserves Copyright Case

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries on February 20th, 2017

The EFF has submitted an Amicus Brief in the Cambridge Press v. Georgia State University case.

Here's an excerpt from the announcement:

On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians' and students' rights to make fair use of excerpts from academic books and research.

Nearly a decade ago, three of the largest academic publishers in the world—backed by the Association of American Publishers (AAP) trade group—sued Georgia State University (GSU) for copyright infringement . . . GSU argued that posting excerpts in the e-reserve systems was a "fair use " of the material, thus not subject to licensing fees. GSU also changed its e-reserve policy to ensure its practices were consistent with a set of fair use best practices that were developed pursuant to a broad consensus among libraries and other stakeholders. . . .

But that was not enough to satisfy the publishers. Rather than declare victory, they've doggedly pursued their claims. It seems the publishers will not be content until universities and libraries agree to further decimate their budgets. As we explain in our brief, that outcome would undermine the fundamental purposes of copyright, not to mention both the public interest, and the interests of the authors of the works in question.

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"Out of Print: The Orphans of Mass Digitization"

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Public Domain, Publishing on January 30th, 2017

Mary Murrell has published "Out of Print: The Orphans of Mass Digitization" in Current Anthropology.

Here's an excerpt:

In the 2000s an interconnected set of elite projects in the United States sought to digitize "all books in all languages" and make them available online. These mass digitization projects were efforts to absorb the print book infrastructure into a new one centered in computer networks. Mass book digitization has now faded from view, and here I trace its setbacks through a curious figure—the "orphan"—that emerged from within these projects and acted ultimately as an agent of impasse. In legal policy debates, an "orphan" refers to a copyrighted work whose owner cannot be found, but its history, range of meanings, and deployments reveal it to be considerably more complex. Based on fieldwork conducted at a digital library engaged in mass digitization, this paper analyzes the "orphan" as a personifying metaphor that digital library activists embraced in order to challenge and/or disrupt the social relations that adhere in and around books.

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AAP and RIAA (and Others) Send Letters to Trump

Posted in Copyright, Digital Copyright Wars on December 16th, 2016

The AAP and the RIAA (and others) have send letters to Donald Trump expressing copyright concerns.

Here's the AAP letter.

Here's an excerpt:

Provisions of the Digital Millennium Copyright Act ("DMCA"), which Congress enacted in 1998 to encourage online availability of popular copyrighted works while promoting a balance of interests and cooperation between copyright owners and Internet service providers in dealing with online infringement of such works, wildly succeeded in encouraging such availability. However, the relevant DMCA provisions do not achieve that intended balance and cooperation due to numerous instances of judicial misapplication and the unanticipated appearance of service provider business models that foster, exploit and profit from online infringement by their users while offering only token compliance with the law.

Here's the RIAA letter.

Here's an excerpt:

However, much more needs to be done. Search engines, user upload content platforms, hosting companies, and domain name registrars and registries should follow others' example to effectively stop theft and assure fair payment.

Further, there is a massive "value grab" as some of these corporations weaken intellectual property rights for America's creators by exploiting legal loopholes never intended for them—perversely abusing U.S. law to underpay music creators, thus harming one of America's economic and job engines.

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"What Kind of World Is STM Living In?

Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Research Libraries, Scholarly Journals on September 20th, 2016

The League of European Research Universities has released What Kind of World Is STM Living In.

Here's an excerpt:

4 September saw the International Association of STM publishers (STM) issue a response to the EC's proposed Directive on Copyright in the Digital Single Market, which flies in the face of LERU's views contained in its own Press Release. Amongst other things, STM is calling for the extension of ancillary copyright to cover academic publishing, implying that they will take legal action if this does not happen. . . . Ancillary copyright in this case would extend copyright protection, not allowing academics and universities freely to link to/use the world of information on the Internet, placing publishers in control of the information environment. LERU rejects this as counter to academic freedom and to the EC's vison for Open Science.

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"State of the Union 2016: Commission Proposes Modern EU Copyright Rules for European Culture to Flourish and Circulate"

Posted in Copyright, Digital Copyright Wars on September 15th, 2016

The European Commission has released "State of the Union 2016: Commission Proposes Modern EU Copyright Rules for European Culture to Flourish and Circulate."

Here's an excerpt:

"I want journalists, publishers and authors to be paid fairly for their work, whether it is made in studios or living rooms, whether it is disseminated offline or online, whether it is published via a copying machine or commercially hyperlinked on the web."—President Juncker, State of the Union 2016

Read more about it at: "EU Announces Absolutely Ridiculous Copyright Proposal That Will Chill Innovation, Harm Creativity"; "EU Digital Copyright Reform Proposals Slammed as Regressive"; and "EU Copyright Plans a Big Win for Old Media, But Public Concerns Ignored."

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"Library of Congress Might Become a Piracy Hub, RIAA Warns"

Posted in Copyright, Digital Copyright Wars on August 30th, 2016

Ernesto Van der Sar has published "Library of Congress Might Become a Piracy Hub, RIAA Warns" in TorrentFreak.

Here's an excerpt:

The U.S. Copyright Office is considering expanding the mandatory deposit requirement for publishers, so that record labels would also have to submit their online-only music to the Library of Congress. The Library would then allow the public to access the music. The RIAA, however, warns that this plan introduces some serious piracy concerns.

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"Publishers Appeal GSU Copyright Case"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries, Scholarly Journals on August 30th, 2016

Andrew Albanese has published "Publishers Appeal GSU Copyright Case" in Publishers Weekly.

Here's an excerpt:

Following their second district court loss in eight years of litigation, the publisher plaintiffs in Cambridge University Press vs. Patton (known commonly as the GSU e-reserves case) have again appealed the case.

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"European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers"

Posted in Copyright, Digital Copyright Wars on August 29th, 2016

The EFF has released "European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers" by Jeremy Malcolm.

Here's an excerpt:

A just-leaked draft impact assessment on the modernization of European copyright rules could spell the end for many online services in Europe as we know them. The document's recommendations foreshadow new a EU Directive on copyright to be introduced later this year, that will ultimately bind each of the European Union's 28 member states. If these recommendations by the European Commission are put in place, Europe's Internet will never be the same, and these impacts are likely to reverberate around the world. . . .

The Commission's proposal is to award publishers a new copyright-like veto power, layered on top of the copyright that already exists in the published content, allowing them to prevent the online reuse of news content even when a copyright exception applies. This veto power may last for as little as one year, or as many as 50—the Commission leaves this open for now.

This kind of veto power has been described as a link tax—notwithstanding the Commission's protestations that it isn't one-because when the publisher controls even the use of small snippets of news text surrounding a hyperlink to the original article, it essentially amounts to a tax on that link. The result, as seen in Spain, will be the closure of online news portals, and a reduction in traffic to news publishers.

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"The Economics of Book Digitization and the Google Books Litigation"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on June 14th, 2016

Hannibal Travis has self-archived "The Economics of Book Digitization and the Google Books Litigation."

Here's an excerpt from the announcement:

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and controversies surrounding fair use arguments in the digital environment. It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use.

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