Archive for the 'Mass Digitizaton' Category

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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            "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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              Archives and Copyright: Risk and Reform

              Posted in Copyright, Digital Archives and Special Collections, Digitization, Mass Digitizaton, Reports and White Papers on March 29th, 2013

              CREATe has released Archives and Copyright: Risk and Reform.

              Here's an excerpt:

              This paper considers the place of the archive sector within the copyright regime, and how copyright impacts upon the preservation, access to, and use of archival holdings. It will begin with a critical assessment of the current parameters of the UK copyright regime as it applies to the work of archivists, including recommendations for reform that have followed in the wake of the Gowers Review of Intellectual Property (2006-2010), the Hargreaves Review of Intellectual Property and Growth (2010-2011), the recent Consultation on Copyright (2011-12), as well as the government's response thereto: Modernising Copyright (2012). It considers the various problems the copyright regime presents for archives undertaking mass digitisation projects as well as recent European and UK initiatives in this domain.

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                "Response to Library of Congress NOI on Orphan Works and Mass Digitization"

                Posted in Copyright, Mass Digitizaton on February 11th, 2013

                Denise Troll Covey has self-archived "Response to Library of Congress NOI on Orphan Works and Mass Digitization" in SelectedWorks.

                Here's an excerpt:

                Responding on behalf of Carnegie Mellon University, we appreciate the commitment of Congress and the U.S. Copyright Office to solving the orphan works problem and the opportunity to address the issues articulated in the Notice of Inquiry. As noted in the 2006 Report on Orphan Works, the orphan works problem is significant, pervasive, and thwarting the purpose of copyright.

                Carnegie Mellon's response addresses the primary questions posed in the Notice of Inquiry. The discussion proceeds as follows:

                • Current state of play for solving the orphan works problem
                • Principles that should shape the solution
                • Proposal for a two-pronged solution that might be palatable at this time

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