Category: Copyright

"An Open Impediment: Navigating Copyright and OER Publishing in the Academic Library"

Lindsey Gumb has published "An Open Impediment: Navigating Copyright and OER Publishing in the Academic Library" in College & Research Libraries News.

Here's an excerpt:

Most academic librarians are accustomed to assisting faculty with locating and acquiring quality, copyrighted learning resources to support the curriculum. Therefore, slightly realigning this process in order to point these individuals toward quality, openly licensed content hasn't required a significant learning curve beyond identifying appropriate open repositories for consultation. What happens, however, when these same faculty want to go beyond simply identifying and adopting OER content and ask for help in revising, remixing, and creating new content?

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"Karyn A. Temple Is Named Register of Copyrights"

The United States Copyright Office has released Karyn A. Temple Is Named Register of Copyrights.

Here's an excerpt:

Librarian of Congress Carla Hayden announced that she has appointed Karyn A. Temple as Register of Copyrights and director of the U.S. Copyright Office, effective today, March 27, 2019. Temple has been Acting Register of Copyrights since October 21, 2016. . . . .

Prior to her appointment as Acting Register, Temple had served since 2013 as Associate Register of Copyrights and director of policy and international affairs for the U.S. Copyright Office. In that role, she oversaw the office’s domestic and international policy analyses, legislative support, and international negotiations.

Before joining the Copyright Office in 2011, Temple served as senior counsel to the deputy attorney general of the United States, where she helped formulate U.S. Department of Justice policy on legal issues and helped manage the Department of Justice’s Task Force on Intellectual Property. She also spent several years in private practice as vice president, litigation and legal affairs for the Recording Industry Association of America and at the law firm Williams & Connolly, LLP.

European Parliament Approves Controversial Copyright Directive

The European Parliament has approved the controversial Copyright Directive, including Article's 11 and 13.

Here's a quick news roundup.

"Copyright Office Releases Public Draft of Update to Compendium of U.S. Copyright Office Practices"

George Thuronyi has published "Copyright Office Releases Public Draft of Update to Compendium of U.S. Copyright Office Practices" in Copyright: Creativity at Work.

Here's an excerpt:

Today, the Copyright Office releases a public draft of the latest update to the Compendium of U.S. Copyright Office Practices. As both a technical manual for the Office’s staff, as well as a guidebook for authors, copyright licensees, lawyers, scholars, the courts, and members of the public, the Compendium addresses fundamental principles of copyright law, routine questions about accessing the Office’s public services, and the policies and procedures the Office uses in the course of conducting business.

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Good News from Flickr about 500 Million CC and Public Domain Images: "Update on Creative Commons Licenses and ‘In Memoriam’ Accounts"

Flickr has released "Update on Creative Commons Licenses and 'In Memoriam' Accounts."

Here's an excerpt:

When we recently announced updates to Flickr Free accounts, we stated that freely licensed public photos (Creative Commons, public domain, U.S. government works, etc.) as of November 1, 2018 in excess of the free account limit would not be deleted. . . .

In this spirit, today we're going further and now protecting all public, freely licensed images on Flickr, regardless of the date they were uploaded. . . .

In conjunction with this announcement, we've disabled bulk license change tools in the Settings, the Camera Roll, and the Organizr for Flickr Free accounts. . . . Any member (Free or Pro) can still change the license of any of their photos on the photo page.

In memoriam accounts will preserve all public content in a deceased member's account, even if their Pro subscription lapses.

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"How to Fight Fair Use Fear, Uncertainty, and Doubt: The Experience of One Open Educational Resource"

Lindsey Weeramuni has published "How to Fight Fair Use Fear, Uncertainty, and Doubt: The Experience of One Open Educational Resource" in The Journal of Copyright in Education and Librarianship.

Here's an excerpt:

At the launch of one of the early online open educational resources (OER) in 2002, the approach to addressing copyright was uncertain. Did the university or the faculty own their material? How would the third-party material be handled? Was all of its use considered fair use under Section 107 of the U.S. Copyright Act (Title 17, United States Code) because of its educational purpose? Or was permission-seeking necessary for this project to succeed and protect the integrity of faculty and university? For many years, this OER was conservative in its approach to third-party material, avoiding making fair use claims on the theory that it was too risky and difficult to prove in the face of an infringement claim. Additionally, being one of the early projects of its kind, there was fear of becoming a target for ambitious copyright holders wanting to make headlines (and perhaps win lawsuits). It was not until 2009 that the Code of Best Practices in Fair Use for OpenCourseWare was written by a community of practitioners who believed that if fair use worked for documentary film makers, video creators, and others (including big media), it worked in open education as well. Once this Code was adopted, universities and institutions were able to offer more rich and complete course content to their users than before. This paper explains how it happened at this early open educational resource offering.

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"Don’t Sacrifice Fair Use to the Bots"

Elliot Harmon has published "Don't Sacrifice Fair Use to the Bots" in DeepLinks.

Here's an excerpt:

It's easy to see the impact that Content ID has had on the YouTube community—a simple search reveals hundreds of videos about how to avoid a Content ID takedown, with litanies of guidelines about keeping clips to a certain length, adding a colored border to them, or keeping the copyrighted content in a certain corner of the screen.

That's the problem. The beauty of fair use is its inherent flexibility. The law does not provide specific rules about how long of a clip must be for you to use it in your parody or criticism or whether it can take up the full screen. But in a filtered Internet, the algorithms create new restrictions on our online speech. The danger of mandatory filtering is that machines will replace human judgment.

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Final Text of the EU Copyright Directive Is Now Available

Julia Reda has published the final text of the EU Copyright Directive: Article 11, Article 13, and the entire document.

Read her analysis at: "The Text of Article 13 and the EU Copyright Directive Has Just Been Finalised."

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