Archive for the 'Mass Digitizaton' Category

"14 Million Books & 6 Million Visitors: HathiTrust Growth and Usage in 2016"

Posted in Digital Repositories, E-Books, Mass Digitizaton on February 14th, 2017 by Charles W. Bailey, Jr.

HathiTrust has released 14 Million Books & 6 Million Visitors: HathiTrust Growth and Usage in 2016 .

Here's an excerpt from the announcement:

The HathiTrust collection continues to grow steadily. As of January 1st, 2017, there are 14,816,187 volumes in the collection. Over one million volumes were added to the collection over the course of the preceding year, scanned from the library collections of 39 contributors. . . .

Within the HathiTrust certified trusted repository, 38% of the collection is available to users to access in full view, and the remaining 62% is made available in other ways: all users can search across and within those limited view books; researchers can now perform transformational, non-consumptive research within these books; and users with print disabilities can access the full text.

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"Out of Print: The Orphans of Mass Digitization"

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Public Domain, Publishing on January 30th, 2017 by Charles W. Bailey, Jr.

Mary Murrell has published "Out of Print: The Orphans of Mass Digitization" in Current Anthropology.

Here's an excerpt:

In the 2000s an interconnected set of elite projects in the United States sought to digitize "all books in all languages" and make them available online. These mass digitization projects were efforts to absorb the print book infrastructure into a new one centered in computer networks. Mass book digitization has now faded from view, and here I trace its setbacks through a curious figure—the "orphan"—that emerged from within these projects and acted ultimately as an agent of impasse. In legal policy debates, an "orphan" refers to a copyrighted work whose owner cannot be found, but its history, range of meanings, and deployments reveal it to be considerably more complex. Based on fieldwork conducted at a digital library engaged in mass digitization, this paper analyzes the "orphan" as a personifying metaphor that digital library activists embraced in order to challenge and/or disrupt the social relations that adhere in and around books.

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"Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use"

Posted in Copyright, Digitization, Mass Digitizaton, Research Libraries on September 13th, 2016 by Charles W. Bailey, Jr.

Michelle M. Wu has published "Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use" in the Journal of Copyright in Education and Librarianship.

Here's an excerpt:

Academic libraries face numerous stressors as they seek to meet the needs of their users through technological advances while adhering to copyright laws. This paper seeks to explore one specific proposal to balance these interests, the impact of recent decisions on its viability, and the copyright challenges that remain after these decisions

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"The Economics of Book Digitization and the Google Books Litigation"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on June 14th, 2016 by Charles W. Bailey, Jr.

Hannibal Travis has self-archived "The Economics of Book Digitization and the Google Books Litigation."

Here's an excerpt from the announcement:

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and controversies surrounding fair use arguments in the digital environment. It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use.

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Authors Guild vs. Google on Supreme Court Calendar for April 1

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on March 24th, 2016 by Charles W. Bailey, Jr.

According to an article by Andrew Albanese in Publishers Weekly, the Authors Guild vs. Google case is on the Supreme Court's calendar for its April 1 conference.

See also: "After Latest Filings, Google Case Now in Supreme Court's Hands."

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"Help the Copyright Office Understand How to Address Mass Digitization"

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on September 28th, 2015 by Charles W. Bailey, Jr.

The DPLA has published "Help the Copyright Office Understand How to Address Mass Digitization" in the DPLA Blog.

Here's an excerpt:

The U.S. Copyright Office recently issued a report and a request for comments on its proposal for a new licensing system intended to overcome copyright obstacles to mass digitization. While the goal is laudable, the Office's proposal is troubling and vague in key respects.

The overarching problem is that the Office's proposal doesn't fully consider how libraries and archives currently go about digitization projects, and so it misidentifies how the law should be improved to allow for better digital access. It's important that libraries and archives submit comments to help the Office better understand how to make recommendations for improvements.

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"5 Million Public Domain Ebooks in HathiTrust: What Does This Mean?"

Posted in Digital Repositories, E-Books, Mass Digitizaton, Public Domain, Publishing, Scholarly Books on April 8th, 2015 by Charles W. Bailey, Jr.

Rick Anderson has published "5 Million Public Domain Ebooks in HathiTrust: What Does This Mean?" in The Scholarly Kitchen.

Here's an excerpt:

A week or so ago, a monumental thing happened: the number of public-domain books in the HathiTrust digital repository topped 5 million. And since no one (including HathiTrust, so far) seems to be making a very big deal about this, it seems like a good moment both to recap the achievements of HathiTrust and to consider a few of its implications for the future of reading and scholarship.

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"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 by Charles W. Bailey, Jr.

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.

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What Does the HathiTrust Decision Mean for Libraries?

Posted in Copyright, Mass Digitizaton, Research Libraries on July 14th, 2014 by Charles W. Bailey, Jr.

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.

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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 by Charles W. Bailey, Jr.

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 by Charles W. Bailey, Jr.

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 by Charles W. Bailey, Jr.

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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