Archive for the 'Digital Copyright Wars' Category

"’Safe Harbor’ for the Innocent Infringer in the Digital Age"

Posted in Copyright, Digital Copyright Wars on January 27th, 2014

Tonya M. Evans has self-archived "'Safe Harbor' for the Innocent Infringer in the Digital Age" in SSRN.

Here's an excerpt:

The primary goal of this Article is three-fold: (1) to explore the role of the innocent infringer archetype historically and in the digital age; (2) to highlight the tension between customary and generally accepted online uses and copyright law that compromise efficient use of technology and progress of the digital technologies, the Internet, and society at large; and (3) to offer a legislative fix in the form of safe harbor for direct innocent infringers. Such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far easier than ever to commit, extremely difficult to police, and often causes little, if any, cognizable market harm.

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    "This American Copyright Life: Reflections on Re-Equilibrating Copyright for the Internet Age"

    Posted in Copyright, Digital Copyright Wars on November 4th, 2013

    Peter S. Menell has self-archived "This American Copyright Life: Reflections on Re-Equilibrating Copyright for the Internet Age" in SSRN.

    Here's an excerpt:

    This article calls attention to the dismal state of copyright's public approval rating. Drawing on the format and style of Ira Glass's "This American Life" radio broadcast, the presentation unfolds in three parts: Act I—How did we get here?; Act II—Why should society care about copyright's public approval rating?; and Act III—How do we improve copyright's public approval rating (and efficacy)?

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      "Digital Copyright and Public Access: Why the Knowledge Principle Dictates a Fair Access Right for Public Libraries"

      Posted in Copyright, Digital Copyright Wars, Libraries on August 26th, 2013

      Jenny Lynn Sheridan has self-archived "Digital Copyright and Public Access: Why the Knowledge Principle Dictates a Fair Access Right for Public Libraries" in SSRN.

      Here's an excerpt:

      This Article proposes an alternative model to the conventional copyright theories, focusing on the critical role that access to knowledge resources plays in the dynamic processes at work in the production of knowledge and the creation of new works. This Article proposes a non-waivable "fair access" right exercisable by public libraries in order to realign copyright with its Constitutional justification, and more importantly to support the knowledge creation process for the future of our democratic society.

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        "A Perspective on the Merits of the Antitrust Objections to the Failed Google Books Settlement"

        Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on August 19th, 2013

        Pamela Samuelson has published "A Perspective on the Merits of the Antitrust Objections to the Failed Google Books Settlement" in the Harvard Journal of Law & Technology Occasional Paper Series.

        Here's an excerpt:

        This Article responds to critics of the antitrust objections to the ASA [Amended Settlement Agreement] by making three main points. Part II explains that Judge Chin's incomplete and unpersuasive analysis of the antitrust objections to the proposed settlement agreement is best understood as an effort to encourage the settling parties to adopt more competitive terms in any revised settlement agreement. Part III points out that the DOJ did not reach definitive conclusions on antitrust issues posed by the ASA. The DOJ was, however, obliged to submit an interim analysis because Judge Chin wanted the government's input before he ruled on whether the settlement should be approved and the DOJ did a creditable job under the circumstances. Part IV contends that there was more merit to the DOJ's antitrust concerns about the proposed settlement than some commentators have recognized.

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          Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate

          Posted in Copyright, Digital Copyright Wars, Reports and White Papers on July 26th, 2013

          The Berkman Center for Internet & Society has released Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate.

          Here's an excerpt from the announcement:

          In this paper, we use a new set of online research tools to develop a detailed study of the public debate over proposed legislation in the United States that was designed to give prosecutors and copyright holders new tools to pursue suspected online copyright violations. Our study applies a mixed-methods approach by combining text and link analysis with human coding and informal interviews to map the evolution of the controversy over time and to analyze the mobilization, roles, and interactions of various actors.

          This novel, data-driven perspective on the dynamics of the networked public sphere supports an optimistic view of the potential for networked democratic participation, and offers a view of a vibrant, diverse, and decentralized networked public sphere that exhibited broad participation, leveraged topical expertise, and focused public sentiment to shape national public policy.

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            The European Orphan Works Directive: An EIFL Guide

            Posted in Copyright, Digital Copyright Wars on June 19th, 2013

            EIFL has released The European Orphan Works Directive: An EIFL Guide.

            Here's an excerpt from the announcement:

            This Guide sets out the background and key provisions of the Directive. It makes recommendations for libraries for implementation in EIFL partner countries that are members of the EU, and advises libraries in EIFL partner countries with EU bilateral agreements on crafting solutions that best meet their local circumstances and capacity.

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              "The HathiTrust Case and Appeal: A Policy Brief"

              Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Publishing on June 14th, 2013

              The EDUCAUSE Policy Office has released "The HathiTrust Case and Appeal: A Policy Brief."

              Here's an excerpt:

              On October 10, 2012, Judge Harold Baer of the U.S. District Court in New York ruled in favor of the HathiTrust Digital Library (HDL) and its university partners in a copyright infringement suit brought by the Authors Guild (AG) and other groups. This policy brief outlines why this decision was important for higher education, what impact the February 2013 appeal might have, and next steps.

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                "British Invasion: How the United Kingdom’s Approach to International Harmonization of Copyright Law Can Inform United States Orphan Works Legislation"

                Posted in Copyright, Digital Copyright Wars on June 12th, 2013

                Abigail Bunce has self-archived "British Invasion: How the United Kingdom's Approach to International Harmonization of Copyright Law Can Inform United States Orphan Works Legislation" in SSRN.

                Here's an excerpt:

                This Note argues that the United States should propose and adopt legislation to resolve the orphan works issue based on the licensing system recently enacted in the United Kingdom. Part I discusses the common economic principles underlying the American and British copyright systems and traces their different approaches to international harmonization. Part II introduces orphan works and the various issues they present, from their first identification through their present controversy within the mass digitization context. Part III discusses the past and current approaches on the American, British, and European Union stages to solve the orphan works issue. Finally, Part IV evaluates and compares the approaches, arguing that while the U.S. should primarily adopt the system advocated by the U.K., the U.K. system could equally benefit from ideas inherent in the U.S. system.

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