Archive for the 'Digital Copyright Wars' Category

"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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              Presentations from the Congressional Internet Caucus Advisory Committee’s State of the Net Conference

              Posted in Copyright, Data Curation, Open Data, and Research Data Management, Digital Copyright Wars, Digital Culture on February 14th, 2013

              The Congressional Internet Caucus Advisory Committee has released presentations from the State of the Net conference.

              Here's a description of the conference:

              Attracting over 600 attendees annually, the State of the Net Conference provides unparalleled opportunities to network and engage on key policy issues. The State of the Net Conference is the largest information technology policy conference in the U.S. and the only one with over 50 percent Congressional staff and government policymakers in attendance. The State of the Net Conference is the only tech policy conference routinely recognized for its balanced blend of academics, consumer groups, industry and government.

              Here's an example presentation: First Sale and No Resale: Could SCOTUS and the Internet Redefine Content Ownership? .

              | Scholarly Electronic Publishing Weblog | Digital Scholarship |

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                EFF and Public Knowlege’s Comments on Copyright Office’s Orphan Works Inquiry

                Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Publishing on February 7th, 2013

                The Electronic Frontier Foundation and Public Knowledge have released their comments on the Notice of Inquiry by the Copyright Office for comments regarding orphan works, Docket No. 2012-12.

                Here's an excerpt:

                A range of options, none of them exclusive, can alleviate the problems created by the prevalence of orphan works. Even in the absence of more systemic change that can stem the growing number of works whose copyright information disappears into obscurity, the application of fair use and legislative work on damages reduction (both for orphan works specifically and for good faith fair uses generally) can allow a variety of users to bring a variety of works to the public. Mass digitization projects promise to be a part of that process, and should be able to proceed in many cases under current law. However, more ambitious plans for broader, publicly available MDPs could be incentivized to serve the public interest with additional damages limitations, attended by public interest conditions. We

                | Google Books Bibliography (XHTML website; over 320 entries) | Digital Scholarship |

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                  Surprise Brief by Justice Department in Georgia State University E-Reserves Case

                  Posted in Copyright, Digital Copyright Wars, E-Reserves, Libraries on February 4th, 2013

                  The Justice Department has filed a brief in the Cambridge University Press et al. v. Patton et al. case by for a 21-day extension in which to "to file any amicus brief in support of appellants or in support of neither party."

                  Here's an excerpt from "Obama Administration Considers Joining Publishers in Fight to Stamp out Fair Use at Universities":

                  In digging into this, we've heard from a few sources that it's actually the US Copyright Office that has asked the DOJ to weigh in on the side of the publishers and against the interests of public universities and students.

                  Read more about it at "Publishers and Library Groups Spar in Appeal to Ruling on Electronic Course Reserves," "Unwelcome Intervention?," and "U.S. Attorneys May Weigh in On GSU E-Reserves Case."

                  | Google Books Bibliography (XHTML website; over 320 entries) | Digital Scholarship |

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                    "The Authors Guild v. Hathitrust: A Way Forward for Digital Access to Neglected Works in Libraries"

                    Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on January 30th, 2013

                    James Aaron has self-archived "The Authors Guild v. Hathitrust: A Way Forward for Digital Access to Neglected Works in Libraries" in SSRN.

                    Here's an excerpt:

                    This Comment begins by describing the HathiTrust Orphan Works Project and what it renames the neglected works problem. Next, it examines the legality of the project under current copyright law, focusing mainly on fair use under section 107, and concludes that it is unclear whether the project violates copyright law. Finally it analyzes whether this result fits the policy goals of copyright, and because it does not, proposes both legislative and judicial changes to copyright law to make it clear that in the proper circumstances, nonprofit, educational uses of neglected works do not violate copyright law.

                    | Google Books Bibliography (XHTML website; over 320 entries) | Digital Scholarship |

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                      "Open-Sourcing the Global Academy: Aaron Swartz’s Legacy"

                      Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on January 30th, 2013

                      Rebecca Gould has self-archived "Open-Sourcing the Global Academy: Aaron Swartz's Legacy" in SSRN.

                      Here's an excerpt:

                      This essay examines Swartz's Open Access vision, and traces the challenges he faced in carrying out his dream. Arguing that Open Access is the future of scholarship in the digital age, I outline concrete strategies for bringing Swartz's dream to fruition.

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                        "SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements"

                        Posted in Copyright, Digital Copyright Wars on January 21st, 2013

                        Michael A. Carrier has published "SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements" in the Northwestern Journal of Technology and Intellectual Property.

                        Here's an excerpt:

                        In this article, I discuss the effects of four copyright proposals on innovation: the Stop Online Piracy Act (SOPA), PROTECT IP Act (PIPA), Anti-Counterfeiting Trade Agreement (ACTA), and Trans-Pacific Partnership Agreement (TPP). These proposals contain provisions that would impose copyright liability in a vague and far-reaching manner that would harm innovators, dissuade venture capitalists, and ultimately stifle innovation.

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