Archive for the 'Digital Copyright Wars' Category

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.

        | Scholarly Electronic Publishing Weblog | Digital Scholarship |

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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.

          | Digital Scholarship's Digital/Print Books | Digital Scholarship |

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            "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement"

            Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on December 12th, 2012

            Sean M. Flynn et al. have self-archived "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement" in SSRN.

            Here's an excerpt:

            Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.

            | Digital Scholarship's 2012 Publications | Digital Scholarship |

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              Authors Guild et al. v. Google: "Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal"

              Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on November 20th, 2012

              Pamela Samuelson and David R. Hansen have self-archived "Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal" in SSRN.

              Here's an excerpt:

              Summary of argument: Class certification was improperly granted below because the District Court failed to conduct a rigorous analysis of the adequacy of representation factor, as Rule 23(a)(4) requires. The three individual plaintiffs who claim to be class representatives are not academics and do not share the commitment to broad access to knowledge that predominates among academics. . . .

              Academic authors desire broad public access to their works such as that which the Google Books project provides. Although the District Court held that the plaintiffs had inadequately represented the interests of academic authors in relation to the proposed settlement, it failed to recognize that pursuit of this litigation would be even more adverse to the interests of academic authors than the proposed settlement was. . . .

              In short, a "win" in this case for the class representatives would be a "loss" for academic authors. It is precisely this kind of conflict that courts have long recognized should prevent class certification due to inadequate representation. The District Court failed to adequately address this fundamental conflict in its certification order, though it was well aware of the conflict through submissions and objections received from the settlement fairness hearing through to the hearings on the most recent class certification motions. Because of that failure, the order certifying the class should be reversed

              | Google Books Bibliography | Digital Scholarship |

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                Republican Study Committee Released Progressive Copyright Brief Then Withdrew It

                Posted in Copyright, Digital Copyright Wars, Reports and White Papers on November 19th, 2012

                The Republican Study Committee released “Three Myths about Copyright Law and Where to Start to Fix it,” which attracted immediate attention due to its progressive view of copyright. Now, the brief's PDF is blank.

                However, in “Republican Report: 3 Myths of Copyright, Quashed by MPAA and RIAA,” Ash McGonigal provides a working link to the full text in addition to a recap of the situation.

                | Digital Scholarship |

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