Archive for the 'Digital Copyright Wars' Category

Fair-Use and E-Reserves: "A Reversal for Georgia State"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing on October 20th, 2014

Kevin Smith has published "A Reversal for Georgia State" in Scholarly Communications @ Duke.

Here's an excerpt:

The Eleventh Circuit Court of Appeals has issued its ruling in the publisher appeal of a district court decision that found most instances of electronic reserve copying at Georgia State to be fair use. The appellate court ruling is 129 pages long, and I will have much more to say after I read it carefully. But the hot news right now is that the Court of Appeals has reversed the District Court's judgment and remanded the case back for proceedings consistent with the new opinion. The injunction issued by the District Court and the order awarding costs and attorney's fees to GSU have been vacated.

Read more about it at "Publishers Win Reversal of Court Ruling That Favored 'E-Reserves' at Georgia State U." and "A Win for Publishers."

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

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    "Copyright’s Paradox: The Public Interest and Private Monopoly"

    Posted in Copyright, Digital Copyright Wars on September 9th, 2014

    Nicholas Ruiz has self-archived "Copyright's Paradox: The Public Interest and Private Monopoly."

    Here's an excerpt:

    Copyright in its current state presents two major concerns: 1) The broad scope of the derivative right undermines the idea/expression dichotomy and adds doubt in the minds of the secondary users; and 2) The custom of extending durations of "existing" copyrights is unconstitutional and is causing a stagnate public domain. As a consequence of these problems, the free flow of ideas and dissemination of information has been thwarted. In response to these problems, I have researched possible remedies, looking to copyright systems abroad, other legal scholars, our history, and other developed areas of law.

    There must be some kind of mechanism to limit Congress' ability of extending existing copyright terms; otherwise the Constitutional mandate of a "limited" term will have no consequence. This comment suggests reinstating requisite formalities, the two-term copyright regime, and a new formulation of the derivative works right.

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

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      Google Settles American Society of Media Photographers, Inc. et al. v. Google Inc.

      Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on September 8th, 2014

      Google has settled the American Society of Media Photographers, Inc. et al. v. Google Inc. lawsuit. The agreement is confidential.

      Here's an excerpt from the press release:

      The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google. As the settlement is between the parties to the litigation, the court is not required to approve its terms.

      This settlement does not affect Google's current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

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

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        "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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                        Copyright Office Seeks Comments on Orphan Works and Mass Digitization

                        Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation, Mass Digitizaton on February 21st, 2014

                        The US Copyright Office is seeking comments on orphan works and mass digitization and it will hold public roundtable discussions on these topics.

                        Here's an excerpt from the announcement:

                        The United States Copyright Office will host public roundtable discussions on potential legislative solutions for orphan works and mass digitization under U.S. copyright law on March 10-11, 2014, in Washington, D.C. Requests to participate should be submitted by February 24, 2014. For a participation request form, go to http://www.copyright.gov/orphan/participation-request-form.html.

                        The Office is also seeking public comments on potential legislative solutions for orphan works and mass digitization under U.S. copyright law. A comment form will be posted on the Copyright Office website at http://www.copyright.gov/orphan/ no later than March 12, 2014. Comments are due by April 14, 2014, and will be posted on the Copyright Office website.

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