The Association of American Publishers has issued a statement on the Georgia State University e-reserves copyright case ruling.

Here's an excerpt from the press release:

At the same time, we are disappointed with aspects of the Court's decision. Most importantly, the Court failed to examine the copying activities at GSU in their full context. Many faculty members have provided students with electronic anthologies of copyrighted course materials which are not different in kind from copyrighted print materials. In addition, the Court's analysis of fair use principles was legally incorrect in some places and its application of those principles mistaken. As a result, instances of infringing activity were incorrectly held to constitute fair use. . . .

The Court's ruling has important implications for the ongoing vitality of academic publishing as well as the educational mission of colleges and universities. Contrary to the findings of the Court, if institutions such as GSU are allowed to offer substantial amounts of copyrighted content for free, publishers cannot sustain the creation of works of scholarship. The resources available to educators will be fundamentally impaired.

| E-science and Academic Libraries Bibliography | Digital Scholarship |

ARL has released "Issue Brief: GSU Fair Use Decision Recap and Implications."

Here's an excerpt:

Although the decision is certainly not perfect (the use of bright line rules for appropriate amount under factor 3 is particularly troubling), Judge Evans has written a thorough and thoughtful analysis of the issues, and her opinion represents an overwhelming victory for Georgia State individually, a major defeat for the plaintiff publishers and for the AAP and CCC, and overall a positive development for libraries generally. The substance of the opinion is not ideal, but it is far more generous than the publishers have sought, it establishes a very comfortable safe harbor for fair use of books on e-reserve, and libraries remain free to take more progressive steps.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

The ruling is in for the Cambridge University Press et al. v. Patton et al. case.

Here's an excerpt from the ruling:

Of the 99 alleged infringements that Plaintiffs maintained at the start of trial, only 75 were submitted for post-trial findings of fact and conclusions of law. This Order concludes that the unlicensed use of five excerpts (of four different books) infringed Plaintiffs' copyrights. The question now is whether Georgia State's 2009 Copyright Policy caused those infringements. The Court finds that it did, in that the policy did not limit copying in those instances to decidedly small excerpts as required by this Order. Nor did it proscribe the use of multiple chapters from the same book. Also, the fair use policy did not provide sufficient guidance in determining the "actual or potential effect on the market or the value of the copyrighted work," a task which would likely be futile for prospective determinations (in advance of litigation). The only practical way to deal with factor four in advance likely is to assume that it strongly favors the plaintiff-publisher (if licensed digital excerpts are available).

Read more about it at "The GSU Decision—Not an Easy Road for Anyone" and “Inside the Georgia State Opinion.”

| Scholarly Electronic Publishing Bibliography 2010: "SEP [Scholarly Electronic Publishing Bibliography] is compiled with utter professionalism. It reminds me of the work of the best artisans who know not only every item that leaves their workshops, but each component used to create them—providing the ideal quality control." — Péter Jacsó ONLINE 27, no. 3 (2003): 73-76. | Digital Scholarship |

Sarah Callaghan, Roy Lowry, and David Walton have published "Data Citation and Publication by NERC's Environmental Data Centres" in the latest issue of Ariadne.

Here's an excerpt:

NERC and their environmental data centres want to ensure that the archived datasets are first-class scientific objects, and that the researchers responsible for creating them receive appropriate recognition for their efforts. NERC have set up the Science Information Strategy (SIS) to provide the framework for NERC to work more closely and effectively with its scientific communities in delivering data and information management services. . . .

The NERC SIS Data Citation and Publication Project aims to create a way of promoting access to data, while simultaneously providing the data creators with full academic credit for their efforts. We are therefore developing a mechanism for the formal citation of datasets held in the NERC data centres, and are working with academic journal publishers to develop a method for the peer review and formal publication of datasets.

| Research Data Curation Bibliography | Digital Scholarship |

JISC has released Benefits of Open Access to Scholarly Research for Voluntary and Charitable Sector Organisations.

Here's an excerpt:

We have learned in this study that the voluntary and charitable sector has an appetite and need for scholarly research that it cannot currently satisfy. The organisations contributing to the study have described the importance of research to the voluntary and charitable sector's commitment to playing its very distinctive role in the most effective way it can. In scoping interviews, case studies and survey responses, VCOs have identified a consistent set of barriers to accessing research. They have shown too that they are creative and resourceful, finding ways to overcome these barriers some of which might place them on or over the border of copyright infringement. We do not think that VCOs should be put in the position of having to choose between what is legally permitted and what they feel is ethically required of them in order to fulfil their charitable objectives. We think too that if the VCS is being asked to expand its role and play an increasing part in delivering public services, then access to research is essential. In this final chapter, we provide some recommendations which, we hope, will go some way to widening the voluntary and charitable sector's access to scholarly research outputs.

| Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals: This is an excellent resource for its extensive background documentation of the open access arguments and issues. — Ann Jensen, Issues in Science and Technology Librarianship, no. 43 (2005) | Digital Scholarship |

JISC has released Benefits of Open Access to Scholarly Research to the Public Sector.

Here's an excerpt:

The total cost to the public sector of accessing journal papers is around £135 million per annum. The savings that accrue from the availability of Open Access articles (using both Green and Gold routes) amount to £28.6 million (£26 million in access fees and £2.6 million in time savings).

Extending the number or articles available through Open Access further increases the potential for savings. Each extra 5% of journal papers accessed via Open Access would save the public sector £1.7 million, even if no subscription fees were to be saved. Increasing the number of journal papers accessed through Open Access to 25% would save the public sector an extra £29 million.

| Transforming Scholarly Publishing through Open Access: A Bibliography: "This work gives an outstanding overview of scholarship relating to the growing Open Access movement." — George Machovec, The Charleston Advisor 12, no. 2 (2010): 3. | Digital Scholarship |

Chris Biemesderfer has self-archived "Fully Digital: Policy and Process Implications for the AAS" in arXiv.org.

Here's an excerpt:

In the near term, we anticipate that enterprise-scale printing will be phased out in the next 2-3 years, as the library subscribers to the journals stop acquiring the print products. We are going to be looking to web-to-print solutions so that customized print products can be specified by the customers themselves, thus allowing the AAS to focus on the larger issues of professional scholarly communication. In the meantime, we are thinking about a business model for the Society that offers only online subscriptions, and we are preparing to charge authors in 2011 based on the quantities of digital material that are submitted, rather than based on the number of typeset pages of the authors' text.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

SPARC has released "You've Signed on to the Boycott, Now What? A SPARC Guide for Campus Action."

Here's an excerpt:

In light of the recent, failed attempt to abridge access to scholarly articles via the Research Works Act (RWA), a growing number of researchers have expressed their frustration with the status quo in scholarly publishing, and are interested in learning about concrete actions that they can take to effect positive change. SPARC has prepared this resource for our members, to help you to engage your faculty and researchers, and talk with them about options for taking such action.

| Transforming Scholarly Publishing through Open Access: A Bibliography: "This bibliography is recommended for everyone interested in open access publishing." — M. Blobaum, Journal of the Medical Library Association 100, no. 1 (2012): 73. | Digital Scholarship |

The Pew Research Center's Internet & American Life Project has released The Rise of E-reading.

Here's an excerpt:

One-fifth of American adults (21%) report that they have read an e-book in the past year, and this number increased following a gift-giving season that saw a spike in the ownership of both tablet computers and e-book reading devices such as the original Kindles and Nooks. In mid-December 2011, 17% of American adults had reported they read an e-book in the previous year; by February, 2012, the share increased to 21%.

| Institutional Repository and ETD Bibliography 2011 | Digital Scholarship |

The Nature Publishing Group has launched a linked data platform.

Here's an excerpt from the press release:

Nature Publishing Group (NPG) today is pleased to join the linked data community by opening up access to its publication data via a linked data platform. NPG's Linked Data Platform is available at http://data.nature.com.

The platform includes more than 20 million Resource Description Framework (RDF) statements, including primary metadata for more than 450,000 articles published by NPG since 1869. In this first release, the datasets include basic citation information (title, author, publication date, etc) as well as NPG specific ontologies. These datasets are being released under an open metadata license, Creative Commons Zero (CC0), which permits maximal use/re-use of this data.

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

In "FPRAA Takes Center Stage at Congressional Hearing, Andrea Higginbotham summarizes the House Subcommittee on Investigations and Oversight’s recent hearing on Federally Funded Research: Examining Public Access and Scholarly Publication Interests.

The hearing also featured testimonies from two members of scholarly societies—Fred Dylla (the American Institute of Physics), and Crispin Taylor (the American Society of Plant Biologists) who expressed concerns with various components of FRPAA. They argued that the current system is working well, and worried that their societies—which are currently funded almost entirely from revenue from subscription based publications—would see a significant decrease in revenue if FRPAA were to be enacted. . . .

Dr. Stuart Shieber, Director of the Office for Scholarly Communication at Harvard University, argued that open access to research is an intrinsic public good. He quoted Thomas Jefferson, noting "the most important bill in our whole code is that for the diffusion of knowledge among the people."

Shieber suggested that traditional publishing market is a dysfunctional one—library budgets for serials continue to shrink while journal profit margins increase. He spoke to the growing body of research demonstrating the economic growth occurs from increased innovations from openly accessible research. He discussed several forward-thinking open access publishing models, and focused on the need for policies that facilitate full utility of digital information in order to enable scholarship and research.

Read more about it at the previous DigitalKoans post, "House Hearing on Federally Funded Research: Examining Public Access and Scholarly Publication Interests" (lists testimony and other documents from the hearing).

Transforming Scholarly Publishing through Open Access: A Bibliography: "This bibliography is recommended for everyone interested in open access publishing." — M. Blobaum, Journal of the Medical Library Association 100, no. 1 (2012): 73.

The House Subcommittee on Investigations and Oversight held a hearing today on Federally Funded Research: Examining Public Access and Scholarly Publication Interests.

Here are the documents that have been released for this hearing:

• Hearing Charter [overview]
• Opening Statement by Andy Harris (R-MD), Chairman, Subcommittee on Investigations & Oversight
• Testimony by H. Frederick Dylla, Executive Director and CEO American Institute of Physics
• Testimony by Elliot Maxwell, Project Director for the Digital Connections Council, Committee on Economic Development
• Testimony by Crispin Taylor, Executive Director, American Society of Plant Biologists
• Testimony by Stuart Shieber, Director, Office for Scholarly Communications, Harvard University
• Testimony by Scott Plutchak, Director, Lister Hill Library at University of Alabama at Birmingham

| Transforming Scholarly Publishing through Open Access: A Bibliography: "This work gives an outstanding overview of scholarship relating to the growing Open Access movement." — George Machovec, The Charleston Advisor 12, no. 2 (2010): 3. | Digital Scholarship |