Archive for the 'Mass Digitizaton' Category

"EFF Urges Appeals Court to Keep Protecting Fair Use"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on July 15th, 2014

EFF has released "EFF Urges Appeals Court to Keep Protecting Fair Use."

Here's an excerpt:

In this latest appeal, the Authors Guild (and its supporters) claim that fair use is being unjustly expanded, portraying Judge Chin's ruling and other recent court opinions as some kind of fair-use creep, stretching beyond the original intent of the doctrine. Specifically, the Guild argues that the first of the four statutory fair use factors—the purpose of the use, which asks whether the use of the copyrighted material is transformative and/or non-commercial—weighs against Google. The Authors Guild and its amici insist that a use cannot be transformative if it doesn't add new creative expression to the pre-existing work. But as Judge Chin so rightly recognized, a use can be transformative if serves a new and distinct purpose.

Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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    What Does the HathiTrust Decision Mean for Libraries?

    Posted in Copyright, Mass Digitizaton, Research Libraries on July 14th, 2014

    The Library Copyright Alliance has released What Does the HathiTrust Decision Mean for Libraries?.

    Here's an excerpt:

    The decision also demonstrates how the fair use right applies in the context of a specific library activity: mass digitization. The decision clearly indicates that the acts of a library digitizing the works in its collection, and the library's storage of the resulting digital files, are fair uses under section 107 of the Copyright Act. The decision, however, provides less certainty concerning the permissible access to those digital files. The only form of full-text access it addresses directly is access by the disabled. To be sure, this is an incredibly important result for these individuals. But the court provides little specific guidance concerning the permissibility of other forms of access. Nonetheless, the court's more general pronouncements concerning fair use should be helpful to libraries trying to determine the range of permitted access to their mass digitization projects.

    Digital Scholarship | "A Quarter-Century as an Open Access Publisher"

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      EU Advocate General Issues Opinion on Library Digitization

      Posted in Copyright, Digital Copyright Wars, Digitization, Libraries, Mass Digitizaton, Research Libraries on June 6th, 2014

      The European Union's Advocate General has issued an opinion on library digitization.

      Here's an excerpt from the announcement:

      Here's an excerpt:

      Next, the Advocate General considers that the directive does not prevent Member States from granting libraries the right to digitise the books from their collections, if their being made available to the public by dedicated terminals requires it. That may be the case where it is necessary to protect original works which, although still covered by copyright, are old, fragile or rare. That may also be the case where the work in question is consulted by a large number of students and its photocopying might result in disproportionate wear.

      However, Mr Jääskinen makes clear that the directive permits not the digitisation of a collection in its entirety, but only the digitisation of individual works. It is particularly important not to opt to use dedicated terminals where the sole purpose of doing so is to avoid the purchase of a sufficient number of physical copies of the work.

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        Copyright Office Seeks Comments on Orphan Works and Mass Digitization

        Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation, Mass Digitizaton on February 21st, 2014

        The US Copyright Office is seeking comments on orphan works and mass digitization and it will hold public roundtable discussions on these topics.

        Here's an excerpt from the announcement:

        The United States Copyright Office will host public roundtable discussions on potential legislative solutions for orphan works and mass digitization under U.S. copyright law on March 10-11, 2014, in Washington, D.C. Requests to participate should be submitted by February 24, 2014. For a participation request form, go to http://www.copyright.gov/orphan/participation-request-form.html.

        The Office is also seeking public comments on potential legislative solutions for orphan works and mass digitization under U.S. copyright law. A comment form will be posted on the Copyright Office website at http://www.copyright.gov/orphan/ no later than March 12, 2014. Comments are due by April 14, 2014, and will be posted on the Copyright Office website.

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          Subcommittee on Courts, Intellectual Property, and the Internet Scope of Fair Use Hearing

          Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on February 3rd, 2014

          The House Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on the scope of fair use on 1/28/14 (video).

          Here's an excerpt from "Fair Use Takes Center Stage at Judiciary Committee Hearing": :

          One area that got significant attention was the topic of mass digitization, which has been repeatedly determined by courts to be a fair and transformative use. Not only is it fair, but as Professor Peter Jaszi noted during the hearing it is also tremendously beneficial, enabling the indexing and searching of huge sets of works.

          Several panelists, however, pointed to the legal status of mass digitization as evidence of "fair use creep," stressing its supposed lack of "transformative" quality over the other fair use considerations. That's a mistake. Mass digitization is absolutely the sort of thing fair use is supposed to enable. Fair use is a flexible doctrine, not a rigid list of exceptions, so that it can accommodate changes in practices or technology.

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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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              "Laying the Groundwork for Newspaper Preservation through Collaboration and Communication: The Texas Digital Newspaper Program"

              Posted in Digitization, Mass Digitizaton, Open Access, Research Libraries, Texas Academic Libraries on July 29th, 2013

              Ana Krahmer and Mark Phillips have self-archived "Laying the Groundwork for Newspaper Preservation through Collaboration and Communication: The Texas Digital Newspaper Program" in the UNT Digital Library.

              Here's an excerpt:

              University of North Texas Libraries established the Texas Digital Newspaper Program (TDNP) to digitize any Texas newspaper title, of any date, and to digitally preserve and make them available via The Portal to Texas History. Through site visits to multiple Texas libraries and personal interviews with librarians, genealogists, educators, students, and historians, UNT Libraries prioritized newspaper digitization within the content scope for The Portal to Texas History and determined processes for acquiring and ingesting multiple formats of newspapers, including from physical papers, microfilm, and born-digital PDF print masters. . . .

              This presentation will elaborate on the financial, communicational, and technological processes involved in building the Texas Digital Newspaper Program. UNT Libraries digitally preserves and makes freely available, via The Portal to Texas History, over 1 million pages of Texas newspapers, spanning from 1829 to the present. The Texas Digital Newspaper Program is a case study in digital preservation and open access to digitized newspapers and is utilized by multiple communities of users, including genealogists, academic and lay historians, and K-12 and university researchers.

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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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