http://jolt.law.harvard.edu/assets/articlePDFs/v31/31HarvJLTech535.pdf
Category: Copyright
"The Fate of Text and Data Mining in the European Copyright Overhaul"
"Music Modernization Act Unanimously Passes US House of Representatives"
Fantastic Fox, Inc. Acquires Flickr and Announces New Terms and Conditions, Including Restrictions (Section A 4)
ResearchGate: "’Facebook for Scientists’ Resolves Copyright Row with Some Publishers"
"Managing Copyright in Digital Collections: A Focus on Creative Commons Licences"
Caroline Korbel has published "Managing Copyright in Digital Collections: A Focus on Creative Commons Licences" in the Dalhousie Journal of Interdisciplinary Management.
Here's an excerpt:
Digital collections in public institutions can benefit from Creative Commons licenses, as they allow the responsible sharing and use of information online by faculty, students, researchers, and the public at large. This essay outlines the proper management of Creative Commons licenses in the following order: first, the current state of copyright in Canada; second, how the Creative Commons functions and its relation to free culture and Open Access; third, Creative Commons for public institution collections, and not just as a holding body, but as a repository; fourth, tools for managing Creative Commons licences online, including digital rights management (DRM) and technological protection measures (TPMs); and fifth, future impacts of the Creative Commons on digital collections. Creative Commons licences offer libraries that opportunity to expand their patronage and explore broader uses of their collections.
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"Copyright Office Proposes Rule Regarding Mandatory Deposit of Electronic-Only Books"
"A Landslide of Classic Art Is About to Enter the Public Domain"
"How the EU’s Copyright Reform Threatens Open Source—and How to Fight It"
“Not Everything Needs Copyright: Lawyers Flip Out That Photos Taken By AI May Be Public Domain”
"The Music Modernization Act is a Good Solution for Songwriters. Don’t Combine It with Bad Copyright Bills"
Mitch Stoltz has published "The Music Modernization Act is a Good Solution for Songwriters. Don't Combine It with Bad Copyright Bills" in DeepLinks.
Here's an excerpt:
For the first time in six years, Congress is considering serious changes to copyright law. As you might imagine, those changes are a mixed bag for the public. One bill, the Music Modernization Act, would create a new system for compensating songwriters and music publishers when their songs are played on digital services. It solves a problem recognized by nearly everyone in the music space. And while the bill has some problematic text that needs fixing, it's a good effort.
Unfortunately, the MMA has now been combined with a harmful bill, the “CLASSICS Act,” which would create a new form of pseudo-copyright for recordings from before 1972, adding on new royalties and penalties without giving anything back to the public. And other dangerous bills could get added as amendments: the “CASE Act” and the “Register of Copyrights Selection and Accountability Act.”
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"EU’s Mandatory Copyright Content Filter Is the Zombie That Just Never Dies"
"Blind Users Celebrate as Marrakesh Treaty Implementation Bill Drops"
Jeremy Malcolm has published "Blind Users Celebrate as Marrakesh Treaty Implementation Bill Drops" in Deeplinks.
Here's an excerpt:
Today the Marrakesh Treaty Implementation Bill was introduced into Congress by Senators Chuck Grassley (R-IA), Bob Corker (R-TN), Dianne Feinstein (D-CA), Bob Menendez (D-NJ), Kamala Harris (D-CA), Orrin Hatch (R-UT), and Patrick Leahy (D-VT). The bill implements the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, a landmark treaty that was adopted by the World Intellectual Property Organisation (WIPO) in June 2013, and has since been ratified by 37 other countries. The treaty is notable in that it is the first WIPO treaty passed primarily for a disadvantaged class of users, rather than for the benefit of copyright holders.
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"The Intellectual Properties of Learning: John Willinsky Discusses His New Book"
Richard Poynder has published "The Intellectual Properties of Learning: John Willinsky Discusses His New Book" in Open and Shut?.
Here's an excerpt:
Willinsky sets out to place open access within the larger historical context of learning's traditions, values, and norms. And he does so by casting his eye all the way back to the rise of the monasteries, and then forward to the Statute of Anne (1710), which for the first time brought the regulation of copyright under the control of the government and courts, rather than private parties
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"Public Knowledge Urges Congress to Promote a Competitive Marketplace in Music Modernization Act"
Public Knowledge has released "Public Knowledge Urges Congress to Promote a Competitive Marketplace in Music Modernization Act."
Here's an excerpt:
The Music Modernization Act is a rare bill that will bring positive change to the world of musical copyright. We applaud Representative Collins for including a number of pro-competitive and pro-consumer provisions in the Act, such as a blanket license, new performing rights organization, and a searchable, publicly accessible database of licensing information. . . .
The CLASSICS Act attempts to solve a systemic problem in copyright law—the lack of federal protection for pre-1972 sound recordings—by treating its symptoms. In doing so, it sweeps in countless archival and historical recordings, and grants them terms that in some cases exceed two centuries in duration. By refusing to commit works published prior to 1923 to the public domain (where they rightly belong), the language of CLASSICS endangers archival and historical activities.
Read more about it: H.R. 3301: CLASSICS Act and H.R. 4706: Music Modernization Act of 2017.
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"Project Gutenberg Blocks Access in Germany to All Its Public Domain Books Because of Local Copyright Claim on 18 of Them"
"Canadian Educators Sue Copyright Organization"
"Making the Transition as the New Copyright Librarian"
Emilie Regina Algenio has published "Making the Transition as the New Copyright Librarian" in the Journal of Copyright in Education and Librarianship.
Here's an excerpt:
The corpus of academic librarianship literature notes very little material in relation to the work of new copyright librarians. However, the number of academic libraries hiring librarians to fill these positions is increasing, and the need for such literature is real and pertinent. The purpose of this research is to assist incoming copyright librarians with practical, evidence-based guidance for colleagues just starting out in roles focused on copyright issues. The author drew from professional experience as a first-time copyright librarian at a Carnegie One academic institution in the United States. The author highlights the value of constructing a copyright educational foundation for the university community, cultivating a community of practice, establishing best practices around copyright questions and the utility of effective, vetted copyright resources. Understanding the finer details of a copyright librarian’s job are important, as academic libraries are hiring candidates for other scholarly communication positions, and the applicants are expected to know American copyright law.
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EU: Commission Recommendation on Measures to Effectively Tackle Illegal Content Online
"Copyright ‘Safe Harbours’ Distort Digital Market, Profit Tech Giants and Harm Creators, New Economic Study Finds"
The International Confederation of Societies of Authors and Composers has released "Copyright 'Safe Harbours' Distort Digital Market, Profit Tech Giants and Harm Creators, New Economic Study Finds."
Here's an excerpt:
"Economic Analysis of Safe Harbour Provisions", by Ashbel Smith Professor Stan Liebowitz of the University of Texas at Dallas, is the most detailed economic examination to date of how copyright owners have been damaged by so-called "safe harbour" rules in copyright law.
Read the report.
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OA Agreement Manager Launched By Copyright Clearance Center
Goodlatte to Unveil Sweeping Music Copyright Reform Package Next Month
U.S. Copyright Office Considering Exemption for Abandoned Online Games
"Congress Shouldn’t Turn the Copyright Office into a Copyright Court"
Mitch Stoltz and Corynne McSherry have published "Congress Shouldn't Turn the Copyright Office into a Copyright Court" in Deeplinks.
Here's an excerpt:
The current bill, the "CASE Act of 2017" (H.R. 3945), would set up a "Copyright Claims Board" within the Copyright Office, staffed by three judges called "Claims Officers" and empowered to hear copyright complaints from all over the country. Proceedings at the Claims Board would be voluntary, but if a respondent fails to opt out, the proceedings become binding, and the outcome can be enforced in federal court. The Board can issue damages awards of up to $15,000 per work infringed, or $30,000 per proceeding. If the parties consent, it can also issue "agreements to cease infringing activity" that become binding injunctions.
Unfortunately, the Copyright Office has a history of putting copyright holders' interests ahead of other important legal rights and policy concerns. We fear that any small claims process the Copyright Office conducts will tend to follow that pattern.
See also: "CASE Act of 2017"
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"No, Fair! Evolving Perspectives on Excessive Use in Research"
Angela Rathmel has published "No, Fair! Evolving Perspectives on Excessive Use in Research" in ACRLog.
Here's an excerpt:
Publishers take an even heavier hand when responding to excessive use breaches. Blocking the user's IP access, or sometimes an entire campus IP range, presumes malicious intent (which it almost never is). This response also exaggerates the stakes involved and misunderstands what is necessary to perform digital research. Strict reinterpretation of print use restrictions in the online environment denies advances in research technology, from basic citation management software to APIs used for text and data mining. It also ignores the very structure of the linked-data world we live in.
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