Archive for the 'Digital Copyright Wars' Category

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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          "Brief of Digital Humanities and Law Scholars as Amici Curiae in Authors Guild v. Hathitrust"

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

          Matthew Jockers, Matthew Sag, and Jason Schultz have self-archived "Brief of Digital Humanities and Law Scholars as Amici Curiae in Authors Guild v. Hathitrust" in SSRN.

          Here's an excerpt:

          This Amicus Brief was filed in the United States Court of Appeal for the Second Circuit in the case of Authors Guild v. Hathitrust on June 4, 2013. The case is on Appeal from the United States District Court for the Southern District of New York, No. 11 CV 6351 (Baer, J.)

          Amici are over 100 professors and scholars who teach, write, and research in computer science, the digital humanities, linguistics or law, and two associations that represent Digital Humanities scholars generally. . . .

          The Court's ruling in this case on the legality of mass digitization could dramatically affect the future of work in the Digital Humanities. The Amici argue that the Court should affirm the decision of the district court below that library digitization for the purpose of text mining and similar non-expressive uses present no legally cognizable conflict with the statutory rights or interests of the copyright holders.

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            Library Copyright Alliance Files Brief in Georgia State University E-Reserves Case

            Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries on April 29th, 2013

            The Library Copyright Alliance has filed a brief in the Cambridge U. Press et al. v. Mark P. Becker et al. e-reserves copyright case that was prepared by the EFF and Jonathan Band.

            Here's an excerpt from the EFF announcement:

            In the amicus brief filed today, EFF urges the appeals court to see what the district court saw: the vast majority of uses at issue were protected fair uses. Moreover, as a practical matter, the licensing market the publishers say they want to create for e-reserves will never emerge—not least because libraries can't afford to participate in it. Even assuming that libraries could pay such fees, requiring this would thwart the purpose of copyright by undermining the overall market for scholarship. Given libraries' stagnant or shrinking budgets, any new spending for licenses must be reallocated from existing expenditures, and the most likely source of reallocated funds is the budget for collections. An excerpt license requirement thus will harm the market for new scholarly works, as the works assigned for student reading are likely to be more established pieces written by well-known academics. Libraries' total investment in scholarship will be the same but resources will be diverted away from new works to redundant payments for existing ones, in direct contradiction of copyright's purpose of "promot[ing] progress."

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              House Judiciary Committee Chairman Announces Comprehensive Review of Copyright Law

              Posted in Copyright, Digital Copyright Wars on April 25th, 2013

              House Judiciary Committee Chairman Bob Goodlatte has announced that his committee will undertake a comprehensive review of copyright law.

              Here's an excerpt from the announcement:

              There is little doubt that our copyright system faces new challenges today. The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners. Efforts to digitize our history so that all have access to it face questions about copyright ownership by those who are hard, if not impossible, to locate. There are concerns about statutory license and damage mechanisms. Federal judges are forced to make decisions using laws that are difficult to apply today. Even the Copyright Office itself faces challenges in meeting the growing needs of its customers—the American public.

              So it is my belief that a wide review of our nation's copyright laws and related enforcement mechanisms is timely. I am announcing today that the House Judiciary Committee will hold a comprehensive series of hearings on U.S. copyright law in the months ahead. The goal of these hearings will be to determine whether the laws are still working in the digital age. I welcome all interested parties to submit their views and concerns to the Committee.

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                "The Copyright Axis of Evil: The Academic Library Must Confront Threats to User Rights"

                Posted in Copyright, Digital Copyright Wars, Research Libraries on April 11th, 2013

                ACRL has released "The Copyright Axis of Evil: The Academic Library Must Confront Threats to User Rights" as part of the ACRL 2013 Proceedings.

                Here's an excerpt:

                This paper will define the key copyright developments that will challenge academic libraries over the next two years (2013-15) as they seek to support teaching, learning and research at their institutions. American libraries have benefited in significant ways from the availability of fair use (section 107) and various exceptions (section 108) in the US copyright law. But a new library treaty in development at the World Intellectual Property Organization highlights the expanding influence of global copyright developments on national policies.

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