Archive for the 'Public Domain' Category

"Can Formalities Save the Public Domain? Reconsidering Formalities for the 2010s"

Posted in Copyright, Digital Copyright Wars, Public Domain on March 18th, 2014

Niva Elkin-Koren has published "Can Formalities Save the Public Domain? Reconsidering Formalities for the 2010s" in The Berkeley Technology Law Journal.

Here's an excerpt:

In essence, formalities advocates argue that current copyright law protects too many works, and shifting back to an opt-in regime would help restore the balance in copyright law between incentives and access. Restoring formalities would arguably expand the public domain by increasing the number of works in which copyright is not affirmatively claimed. It has been further suggested that works of unknown authorship are underused. 8 This is due to uncertainty about whether they are protected by copyright or not, which creates a chilling effect. A notice requirement would signal to potential users which works are protected by copyright. A notice would also generate the information necessary for licensing, thereby facilitating the clearance of rights and reducing the problem of orphan works.

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    "Impact of Public Domain Resources On Public Libraries in the United States"

    Posted in Copyright, Creative Commons/Open Licenses, Libraries, Public Domain on February 19th, 2014

    Anne Arendt and Dustin Fife have published "Impact of Public Domain Resources On Public Libraries in the United States" in the Journal of Librarianship and Information Science.

    Here's an excerpt:

    Ownership and rights issues relating to electronic resources can be a source of angst, confusion and litigation. This is due in part to the automatic copyright many individuals receive, including in the United States, upon creation of an original work. However, there are options available for relaxing these rights. One of these options is Creative Commons Zero. . . . Based on the above, this document researches the awareness, complexity and effects of Creative Commons Zero and related licenses on libraries as perceived by library directors and managers across the United States. In order to accomplish this, a quantitative survey was administered in an anonymous web-based format.

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      "First Amendment Constraints on Copyright after Golan v. Holder"

      Posted in Copyright, Public Domain on July 18th, 2013

      Neil Weinstock Netanel has self-archived "First Amendment Constraints on Copyright after Golan v. Holder" in SSRN.

      Here's an excerpt:

      Commentators have depicted the Supreme Court's January 2012 ruling in Golan v. Holder as a far-reaching repudiation of First Amendment limits on Congress's power to expand copyright and diminish the public domain. However, Golan imposes potentially significant First Amendment constraints on copyright protection even while granting fairly broad First Amendment immunity to Copyright Act amendments. It does so by effectively adopting Melville Nimmer's "definitional balancing" approach to resolving the tension between copyright and the First Amendment. . . As Golan applies that approach, neither Congress nor courts may "disturb" copyright law's idea/expression dichotomy or fair use privilege without running afoul of the First Amendment. Accordingly, following Golan, Copyright Act provisions and proposed legislation that would diminish one or both of those free speech safeguards remain vulnerable to First Amendment challenge.

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        "What Copyright Owes the Future"

        Posted in Copyright, Digital Curation & Digital Preservation, Public Domain on April 16th, 2013

        R. Anthony Reese has self-archived "What Copyright Owes the Future" in SSRN.

        Here's an excerpt:

        This Lecture explores the subject of preserving copyrighted works for the future in four steps. First, I look at why preserving creative works is important and valuable. Next, I examine the ways in which copyright law has traditionally encouraged—or not encouraged—the preservation of copyrighted works. Third, I explore how digital technology and computer networks, such as the Internet, pose new challenges for preserving creative works. And finally, I consider briefly how we might rethink and revise copyright law to respond to the challenges of preserving works of authorship for future audiences.

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          "A Case for the Public Domain"

          Posted in Copyright, Open Access, Public Domain on February 18th, 2013

          Clark D. Asay has self-archived "A Case for the Public Domain" in SSRN.

          Here's an excerpt:

          Over the past several decades open license movements have proven highly successful in the software and content worlds. . . . This Article argues that this IP-based approach, while perhaps helpful in the beginning, is no longer necessary and in fact prevents the movements from reaching their full potential. The IP-based approach has this effect by causing significant transaction costs without offsetting benefits, resulting in a tragedy of the anti-commons. The IP-based approach also creates the risk of IP trolls in the future, especially in the copyright sphere. . . . The Article then examines the benefits of a public domain approach and argues that such an approach would reduce the wasteful transaction costs, limit the possibility of IP trolls, still satisfy the purposes of those that contribute materials under open licenses, and better align with the normative tenets of such movements. To conclude, the Article assesses the merits of a "Public Domain Act" that would help address obstacles that currently exist in dedicating materials to the public domain and posits some theoretical implications relating to innovation based on the experiences of the open license movements and the arguments of this Article.

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            "Access and the Public Domain"

            Posted in Copyright, Public Domain on February 12th, 2013

            Randal C. Picker has self-archived "Access and the Public Domain" in SSRN.

            Here's an excerpt:

            Section I of the paper sketches out the emerging public domain. Section II considers three conceptual questions for structuring use of the public domain focusing on the extent to which the public domain should be viral; on whether we should insist that the public domain be accessed only through the original artifacts embodying it; and on whether private appropriability incentives for distribution of public domain scans match overall social interests. Section III turns to the tools for restricting use of the public domain, to copyright, contract, the DMCA and the CFAA. Each of these matters for access to the public domain and for competition over it. Section IV considers one narrow question regarding the relationship between copyright's deposit requirement and a truly public domain, while the last section briefly concludes the paper.

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              "Contribution to the Definition of a Positive Agenda for the Public Domain: A Policy Paper by COMMUNIA International Association on the Public Domain"

              Posted in Copyright, Public Domain, Reports and White Papers on December 6th, 2012

              COMMUNIA has released "Contribution to the Definition of a Positive Agenda for the Public Domain: A Policy Paper by COMMUNIA International Association on the Public Domain."

              Here's an excerpt:

              This policy paper proposes to contribute to defining a positive agenda for the Public Domain. It is grounded on a WIPO study by Professor Sèverine Dusollier, Communia policy recommendations and Communia previous WIPO statements. This work-in-progress document presents policy recommendations and strategies aimed at the trans-national level , namely WIPO CDIP and SCCR. Legal language will be drafted at a later stage.

              Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals Cover

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                "Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term Extension"

                Posted in Copyright, Digital Copyright Wars, Public Domain on August 16th, 2012

                Christopher J. Buccafusco and Paul J. Heald have self-archived "Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term Extension" in SSRN.

                Here's an excerpt:

                The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality.

                | Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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