Archive for the 'Digital Copyright Wars' Category

"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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              "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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                      "Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after Authors Guild v. Hathitrust"

                      Posted in Copyright, Digital Copyright Wars, Digital Curation & Digital Preservation, Digitization, Mass Digitizaton on April 1st, 2013

                      Angel Siegfried Diaz has self-archived "Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after Authors Guild v. Hathitrust" in SSRN.

                      Here's an excerpt from:

                      This note discusses the future of digital libraries and other products reliant on mass digitization in the wake of the Hathitrust decision. First, this note presents an overview of U.S. copyright protection and the ways in which its goal of incentivizing authors has consistently been balanced by efforts to protect preservation, access, and fair use. . . .

                      Second, this note discusses the trial court opinion in Authors Guild v. Hathitrust and the court's fair use finding regarding the full-text search index and copies for the print disabled. . . .

                      Third, this note discusses the Hathitrust decision's effect on the future of the Google Books case and argues that the fair use ruling paves the road for a similar finding while also giving Google leverage in its ongoing settlement negotiations. . . .

                      Fourth, after exploring the judicial efforts to protect useful technologies as a matter of public policy, this note explores legislative solutions that would better advance copyright's goals of promoting education, research, preservation, and access.

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                        Digital Music Consumption on the Internet: Evidence from Clickstream Data

                        Posted in Copyright, Digital Copyright Wars, Reports and White Papers on March 20th, 2013

                        The Institute for Prospective Technological Studies. has released Digital Music Consumption on the Internet: Evidence from Clickstream Data.

                        Here's an excerpt:

                        This paper analyses the behaviour of digital music consumers on the Internet. Using clickstream data on a panel of more than 16,000 European consumers, we estimate the effects of illegal downloading and legal streaming on the legal purchases of digital music. Our results suggest that Internet users do not view illegal downloading as a substitute for legal digital music. Although positive and significant, our estimated elasticities are essentially zero: a 10% increase in clicks on illegal downloading websites leads to a 0.2% increase in clicks on legal purchase websites. Online music streaming services are found to have a somewhat larger (but still small) effect on the purchases of digital sound recordings, suggesting complementarities between these two modes of music consumption. According to our results, a 10% increase in clicks on legal streaming websites leads to up to a 0.7% increase in clicks on legal digital purchase websites. We find important cross country differences in these effects.

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