"Internet Archive Responds to Recording Industry Lawsuit Targeting Obsolete Media"


Late Friday, some of the world’s largest record labels, including Sony and Universal Music Group, filed a lawsuit against the Internet Archive and others for the Great 78 Project, a community effort for the preservation, research and discovery of 78 rpm records that are 70 to 120 years old. . . .

Of note, the Great 78 Project has been in operation since 2006 to bring free public access to a largely forgotten but culturally important medium. Through the efforts of dedicated librarians, archivists and sound engineers, we have preserved hundreds of thousands of recordings that are stored on shellac resin, an obsolete and brittle medium. The resulting preserved recordings retain the scratch and pop sounds that are present in the analog artifacts; noise that modern remastering techniques remove.

These preservation recordings are used in teaching and research, including by university professors like Jason Luther of Rowan University, whose students use the Great 78 collection as the basis for researching and writing podcasts for use in class assignments . . . While this mode of access is important, usage is tiny—on average, each recording in the collection is only accessed by one researcher per month.

https://tinyurl.com/bdevycm5

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"Judgment Entered in Publishers, Internet Archive Copyright Case"


Most importantly, the proposed agreement includes a permanent injunction that would, among its provisions, bar the IA’s lending of unauthorized scans of in-copyright, commercially available books, as well as bar the IA from "profiting from" or "inducing" any other party’s "infringing reproduction, public distribution, public display and/or public performance" of books "in any digital or electronic form" once notified by the copyright holder. . . .

The negotiated payment is all inclusive—it covers costs, fees, damages, and other claims, including the IA’s claim that damages should be remitted—something that should assuage initial concerns expressed by some who feared a massive damage award might force the nonprofit IA to cease operations. The negotiated judgment does seek destruction of the IA’s scans as the publishers’ initial complaint had suggested.

https://tinyurl.com/p3yaszd9

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"The New York Times Prohibits AI Vendors from Devouring Its Content"


The new terms prohibit the use of Times content—which includes articles, videos, images, and metadata—for training any AI model without express written permission. In Section 2.1 of the TOS, the NYT says that its content is for the reader’s “personal, non-commercial use” and that non-commercial use does not include “the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.”

https://tinyurl.com/2cc4uhuc

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"Sites Scramble to Block ChatGPT Web Crawler after Instructions Emerge"


But for large website operators, the choice to block large language model (LLM) crawlers isn’t as easy as it may seem. Making some LLMs blind to certain website data will leave gaps of knowledge that could serve some sites very well (such as sites that don’t want to lose visitors if ChatGPT supplies their information for them), but it may also hurt others. For example, blocking content from future AI models could decrease a site’s or a brand’s cultural footprint if AI chatbots become a primary user interface in the future. As a thought experiment, imagine an online business declaring that it didn’t want its website indexed by Google in the year 2002—a self-defeating move when that was the most popular on-ramp for finding information online.

https://tinyurl.com/yc4mcejn

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"Publishers, Internet Archive Agree to Streamline Digital Book-Lending Case"


The proposed order would require the Archive to pay Lagardere SCA’s (LAGA.PA) Hachette Book Group, News Corp’s (NWSA.O) HarperCollins Publishers, John Wiley & Sons (WLY.N) and Bertelsmann SE & Co’s (BTGGg.F) Penguin Random House an undisclosed amount of money if it loses its appeal.

The order would also permanently block the Archive from lending out copies of the publishers’ books without permission, pending the result of the appeal.

https://tinyurl.com/yc5j2vb8

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"Record Labels Hit Internet Archive with New $400m+ Copyright Lawsuit"


Record labels including UMG, Capitol and Sony have filed a copyright infringement lawsuit in the United States targeting Internet Archive and founder Brewster Kale, among others. Filed in Manhattan federal court late Friday, the complaint alleges infringement of 2,749 works, recorded by deceased artists, including Frank Sinatra, Billie Holiday, Louis Armstrong and Bing Crosby.

https://tinyurl.com/43b4c3w6

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Forthcoming, Paywall: Copyright: Best Practices for Academic Libraries


This book provides advice on how to analyze and apply the copyright law to specific areas encountered by librarians and instructors. . . . Written by Donna L. Ferullo, the Director of the University Copyright Office at Purdue University who holds both law and library science degrees and Dwayne K. Buttler, the Evelyn J. Schneider Endowed Chair for Scholarly Communication at the University of Louisville, who also holds a law degree.

Google Books preview.

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"Instagram Not Liable For Copyright Infringement over Embedded Images"


Two photographers who filed a copyright lawsuit against Instagram after their images posted to the platform appeared on BuzzFeed News and Time via embedding, have lost their case. In an opinion handed down Monday, the U.S. Court of Appeals for the Ninth Circuit referenced its 2007 ‘server test’ precedent, noting that Instagram could not be liable for secondary copyright infringement because when content is embedded, no copy is made of the underlying content.

https://tinyurl.com/4e6npure

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"Authors Join the Brewing Legal Battle over AI"


Neither Meta nor OpenAI has yet responded to the author suits. But multiple copyright lawyers told PW on background that the claims likely face an uphill battle in court. Even if the suits get past the threshold issues associated with the alleged copying at issue and how AI training actually works—which is no sure thing—lawyers say there is ample case law to suggest fair use. For example, a recent case against plagiarism detector TurnItIn.com held that works could be ingested to create a database used to expose plagiarism by students. The landmark Kelly v. Arriba Soft case held that the reproduction and display of photos as thumbnails was fair use.

https://tinyurl.com/bddvrykh

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"Read Your Open Access Publishing Agreements, Or: How You Might Accidentally Give Elsevier or Wiley the Exclusive Right to Profit from Your OA Article"


Those publishing agreements do provide what many authors want in OA publishing—free online access and broad reuse rights to users. But, if authors select the wrong option, they are also giving away their own residual rights while granting Elsevier or Wiley the exclusive right to commercially exploit their work. That includes the right for those publishers to exclude the author herself from making or authorizing even the most basic of commercial uses, such as posting the article to a for-profit repository like Researchgate or even SSRN. This is not a result I think most authors intend, but it’s hard to spot the problem unless you read these publication agreements carefully.

https://tinyurl.com/mrytecfk

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The Anti-Ownership Ebook Economy: How Publishers and Platforms Have Reshaped the Way We Read in the Digital Age


This report explains that, while there is nothing new about publishers’ desire to seek novel ways to increase revenues, along with control and surveillance of readers, the new publisher-platform partnership creates a mechanism to align the ebook market with those goals. That new market alignment raises questions about whether these shifts are the best option for readers and institutional book buyers, particularly libraries. It also raises questions about how the newest players in the market — ebook distribution platforms — shape things to align with their own interests.

In order to fully understand the dynamics at play, we interviewed over 30 stakeholders that fill various essential roles in the ebook marketplace, from publishers to platform CEOs to literary agents, librarians, and lawyers. We discussed the priorities, concerns, and constraints that help shape their participation in the ebook marketplace. Our goal was to understand and document how this world looks through their eyes, and synthesize those views into broader conclusions.

https://tinyurl.com/4762bbyv

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"Open Access Author Contracts and Alignment with the Open Ethos: A Global Study"


Author contracts in scholarly publishing serve to outline the rights and permissions for each party in the use and redistribution of a work throughout the life of its copyright term. Although rights and licensing expectations for open access publishing—the “open access ethos”—have been detailed in the Budapest Declaration, Plan S Principles, and other documentation, studies that explore the implementation of these ideals in contracts between authors and publishers have been limited in focus and scope. This study seeks to initiate a holistic approach toward evaluating open access journal agreements that is not limited by region or discipline, with the aim of discerning best practices as well as delineating common points of deviation. The authors distributed a survey to contacts from journals in the Directory of Open Access Journals (DOAJ), including both journals with and without a DOAJ Seal. The results suggest that DOAJ Seal status is central to alignment with the open access ethos and that there is more misunderstanding about the importance of copyright and licensing terms than shown in previous research. This research contributes to discussions pursuing a future of open access publishing that supports authors’ rights as a central tenet.

https://doi.org/10.5860/crl.84.4.605

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"Concordia Welcomes Amy Buckland as University Librarian"


Since August 2021, Buckland has held the position of assistant deputy minister for collections at Library and Archives Canada (LAC). In this role, she leads a team of 500 staff and manages an annual budget of $50 million. . . . Prior to joining LAC, Buckland was head of research and scholarship at the University of Guelph Library, where she oversaw the collaborative development of a digital infrastructure to support the needs of research teams and new forms of scholarly communication progressively and sustainably.

https://tinyurl.com/mk85rxf9

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"Why Does the U.S. Copyright Office Require Libraries to Lie to Users about Their Fair Use Rights? They Won’t Say."


The problem is that although Section 108 makes clear that the [library] copyright warning notice it requires is not intended to restrict artificially the fair use rights of document users, the code itself doesn’t provide the language for the notice. It specifies that the "warning of copyright" shall be written "in accordance with requirements that the Register of Copyrights shall prescribe by regulation." And the language prescribed by the Register of Copyrights in that regulation is, unfortunately, false and misleading. And worse, libraries are required to include the prescribed language "verbatim."

https://tinyurl.com/y94dy9fn

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Shifting Tides: The Open Movement at a Turning Point


At the turn of 2022 and 2023, we conducted a series of interviews with leading voices in the open movement. We spoke with professional activists who address openness from varied perspectives and work in different fields of open. Some have been engaged in activism for decades, while others are looking at it with a fresh set of eyes. Many of our interviewees lead organizations advancing openness, and we were particularly interested in talking with those who have been exploring new approaches and strategies.

Our research aims to understand the current state of the open movement, as seen through the eyes of people actively involved in its endeavors and leading organizations within the movement. We want to make sense of shared positions and understand whether there are any clear division lines. We are particularly interested in identifying trends that transform the movement and understanding the challenges and needs of activists and organizations as these changes occur. The report signals a shift to what can be best described as a post-copyright approach to openness. However, while our focus is on how the movement is changing, this does not mean that the whole movement is subject to that shift. There still exists a need for copyright advocacy work in the movement, and many organizations maintain the course developed at the outset. Nonetheless, we hope that they, too, will find this report’s insights worth examining.

https://openfuture.eu/publication/shifting-tides/

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UC System: "Re: UCOLASC [University Committee on Library and Scholarly Communication] Statement on Retention of Author Rights in License to Publish Agreements"


As discussed at our joint UCOLASC and Council of University Librarians (CoUL) meeting held on February 15, 2023, the Project Transform Negotiating Team (PTNT) and Project Transform Working Group (PTWG) have learned that many publishers are requiring University of California (UC) authors to sign "License to Publish" (LTP) agreements, which purport to grant exclusive rights to publishers and contravene the spirit of the open access (OA) policies and declarations strongly endorsed by UC faculty.We find this now-common practice to be unacceptable and therefore ask you to prioritize the issue of author rights and act on our behalf when you negotiate with publishers. . . .

UCOLASC urges the Project Transform Negotiating Team (PTNT) to negotiate transformative open access agreements with publishers stipulating that authors only grant "limited" or "nonexclusive" licenses to publishers. Liberal Creative Commons (CC) licenses (e.g., CC BY) should be applied as the default choice, and licenses that restrict commercial and derivative uses of the work (e.g., CC BY-NC, CC BY-ND, and CC BY-NC-ND) should function as originally intended with authors always free to do whatever they want with their own works.

https://bit.ly/43uzuDd

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"’More Than 600,000 Students and Teachers Use Z-Library’"


Pirate eBook repository Z-Library has shared some interesting data concluding that more than 600,000 students and scholars use the site. This is likely an underestimation, as the findings are based on email addresses. The United States is excluded from the analysis, Z-Library notes, due to the criminal prosecution of two alleged operators of the site.

https://bit.ly/4326X86

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Council of the European Union: "Council Calls for Transparent, Equitable, and Open Access to Scholarly Publications"


In its conclusions, the Council calls on the Commission and the member states to support policies towards a scholarly publishing model that is not-for-profit, open access and multi-format, with no costs for authors or readers. Some Member States have introduced secondary publication rights into their national copyright legislation, enabling open access to scholarly publications which involve public funds. The Council encourages national open access policies and guidelines to make scholarly publications immediately openly accessible under open licences. The conclusions acknowledge positive developments in terms of monitoring progress, like within the framework of the European Open Science Cloud (EOSC), and suggest including open science monitoring in the European Research Area monitoring mechanism. The Council conclusions also encourage Member States to support the pilot programme Open Research Europe (to create a large-scale open access research publishing service), the use of open-source software and standards, to recognise and reward peer review activities in the assessment of researchers as well as to support the training of researchers on peer-review skills and on intellectual property rights.

https://bit.ly/3MS2leY

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"Supreme Court Rules against Warhol Foundation in Copyright Fight over Prince Images"


The Supreme Court on Thursday ruled that silkscreens pop artist Andy Warhol made of rock star Prince infringed on the copyright held by a prominent photographer who captured the original image. . . . Sotomayor wrote that the images "share substantially the same purpose, and the use is of a commercial nature. " The Warhol foundation had "offered no other persuasive justification for its unauthorized use of the photograph, " she added.

https://cutt.ly/t6BHEre

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"Major YouTube Copyright Lawsuit Nears Trial With Almost Everything On the Line"


Maria Schneider’s lawsuit against YouTube alleges several types of mass copyright infringement and repeat infringer failures. The trial begins next month, with proposed jury instructions already running to 243 pages. YouTube believes it will win, but the stakes are rarely this high. In addition to damages, the plaintiffs want YouTube to disclose details of files that remain on the site after identical copies were removed due to DMCA notices. And that’s not all.

https://bit.ly/3pMnw9m

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"Springer Nature Doublespeak"


Let’s take a close look at what SN says in its advice on this matter to authors:

"Springer Nature only ever assesses manuscripts on their editorial merit. If primary research manuscripts contain Rights Retention Strategy (RRS) language, they will not be rejected on the grounds of its inclusion, and we will not remove that text before publication if it is included in a section that is a normal part of the published primary research article."

The information gets off to a good start. Assessing manuscripts on editorial merit alone is something any author would want to be reassured about. Equally, authors will be pleased to learn that, even if they include rights retention language, SN will not amend the author’s text by removing the RR statement that the author included in the text they created and provided at no charge to SN for publication. So far, so good. The information continues:

"Authors should note, however, that manuscripts containing statements about open licensing of accepted manuscripts (AMs) can only be published via the immediate gold open access (OA) route, to ensure that authors are not making conflicting licensing commitments, and can comply with any funder or institutional requirements for immediate OA."

This is where things start to get tricksy. Translation &mdash: if the author assigns a prior licence to their AAM and submits the manuscript to a SN subscription journal that also offers an Open Access (OA) option (sometimes known as a hybrid journal), then the publisher will only accept it if the author pays for OA publication (sometimes known as ‘gold’ OA). Mind you, SN is not rejecting the manuscript outright; it’s just that they will ONLY accept it if the author pays. So by extension, if they don’t pay, SN won’t publish the paper, which amounts to a rejection. However hard I try, I can’t seem to tally "only be published via the immediate gold open access (OA) route" with "only accepting manuscripts on their editorial merit." The wording is slippery here. Like those politicians, SN doesn’t ACTUALLY state that if you don’t, won’t or can’t pay, they will reject your paper. But in practice, that is exactly what they imply. This is pure smoke and mirrors.

https://bit.ly/44rWrbr

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"What Can I Do with This? Indicators of Usage Rights in the User Interface "


With the continued push towards open access (OA) and the complicated nature of copyright law, users are often left wondering what they can do with the scholarly articles they find. Creative Commons (CC) licenses are the predominant mechanism for communicating usage rights; however, finding the CC license information — or being confident that there is not any — can be a challenge. Today we report on a project to investigate how publisher platforms represent CC licenses for OA and non-OA journal articles. We looked at how publishing platforms indicate usage rights for articles in results displays as well as in full-text formats.

https://bit.ly/3HwTZq1

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"Generative AI and Copyright Policy From the Creator-User’s Perspective"


As scholars Mark Lemley and Bryan Casey persuasively argue in their paper Fair Learning, we should generally permit generative AI tools that in effect learn from past works in ways that facilitate creation of new, distinct ones. While some claim that generative AI systems are simply engines for ‘collage’ or ‘plagiarism,’ copying previous expressions into new works, this isn’t an accurate description of how most tools work. Instead, generative AI extracts information that then is used to inform generation of new material; for instance, by looking at many pictures of dogs, it can extract information about what dogs look like, and can then help a user draw dogs, or by looking at many pieces of art labeled as Surrealist, it can help a user create new works in the style of Surrealism. In effect, these are tools that aid new creators in their learning and building on past works.

https://bit.ly/3GVNhK5

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"Rights and Retention Strategy: a Primer from UKRN"


One of the largest publishers, Springer Nature, noted in April 2021 that in some cases they will effectively ignore rights retention language in manuscripts and require a transfer of copyright. This could create a conflict for the publisher once the manuscript has been editorially accepted. However, having already asserted and documented a CC-BY licence, you have the rights you need to reuse the manuscript. If concerned, you could seek confirmation from the editor that you can retain your rights before submitting your manuscript.

https://doi.org/10.31219/osf.io/2ajsg

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Paywall: "Which Nationals Use Sci-Hub Mostly?"


Considering the result, the author argues that academic users in South American countries may use Sci-Hub more frequently than their counterparts in the rest of the world. Moreover, users in the Global North also rely on Sci-Hub to complete their research as well. The new evidence on Google Scholar proves the universal use of Sci-Hub across the world.

https://doi.org/10.1080/0361526X.2023.2193613

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