Copyright – Page 3 – DigitalKoans

"UC Berkeley Library to Copyright Office: Protect Fair Uses in AI Training for Research and Education"

If the Copyright Office were to enable rightsholders to opt-out of training AI for research and teaching fair uses, then academic institutions and scholars would face even greater hurdles in licensing content for research purposes. It would be operationally difficult for academic publishers and content aggregators to amass and license the "leftover" body of copyrighted works that remain eligible for AI training. Costs associated with publishers’ efforts in compiling "AI-training-eligible" content would be passed along as additional fees charged to academic libraries, who are already financially constrained to preserve TDM and other fair uses for scholars. In addition, rightsholders might opt out of allowing their work to be used for AI training fair uses, and then turn around and charge AI usage fees to scholars (or libraries)—essentially licensing back fair uses for research. These scenarios would impede scholarship by or for research teams who lack grant or institutional funds to cover these additional expenses; penalize research in or about underfunded disciplines or geographical regions; and result in bias as to the topics and regions studied.

https://tinyurl.com/5cd2vc85

$2,500 Fee: "COAR’s response to the American Chemical Society’s New Fee or Repository Deposit"

COAR strongly objects to this charge for the following reasons:

Authors own their manuscripts and should retain their rights. Authors typically hold the copyright to their research, but too often transfer those rights to publishers when publishing their manuscript. When authors retain the copyright to their manuscript, they have the right to disseminate and use their own manuscript as they choose. If authors’ rights are retained, publishers do not own an article accepted manuscript (AAM) and researchers should not be duped into paying a fee to exercise a right they already have.

This fee is in direct contravention with the ethos of open science and scholarship and equity. . .

ACS is charging $2,500 while providing no added value. There is not a fee for an extra service offered. It requires no extra work on the side of the publisher, but rather is an attempt to develop a new revenue stream, while at the same time they will be receiving funds from subscriptions and pay-to-access for this same article.

ACS is creating a false impression about compliance with funder policies. . . . A fee is only required if you want to publish in an ACS journal and sign over your rights.

See ACS’ "Open Access Pricing for Authors: The Power of Choice" for more fee details.

https://tinyurl.com/4u4dfxsk

"On the Culture of Open Access: The Sci-Hub Paradox"

Based on a large randomized sample, this study first shows that OA publications, including those in fully OA journals, receive more citations than their subscription-based counterparts. However, the OACA has slightly decreased over the seven last years. The introduction of a distinction between those accessible or not via the Sci-hub platform among subscription-based suggest that the generalization of its use cancels the positive effect of OA publishing. The results show that publications in fully OA journals are victims of the success of Sci-hub. Thus, paradoxically, although Sci-hub may seem to facilitate access to scientific knowledge, it negatively affects the OA movement as a whole, by reducing the comparative advantage of OA publications in terms of visibility for researchers

https://doi.org/10.1007/s11192-023-04792-5

Paywall: "Digital Ownership: The Case of E-books"

This paper presents the results of an empirical research study that used an online survey to examine e-book consumers’ perspectives on digital ownership and digital rights. The study revealed that while most participants value and desire ownership rights, certain conventional ownership rights, such as reselling, gifting, and lending, are deemed less significant and can be relinquished by consumers due to cost-related factors. Furthermore, contrary to prevailing assumptions, the study found no discernible generational gap concerning people’s perceptions of digital ownership rights.

https://doi.org/10.1002/pra2.807

"Supporting Open Access for 20 Years: Five Issues That Have Slowed the Transition to Full and Immediate OA"

Current estimates suggest that more than 50% of the world’s research articles are published open access and that there are around 20,000 fully OA journals. Data also indicates that publishing OA is, on average, cheaper than publishing in subscription journals. For example, an analysis by Delta Think shows that around 45% of all scholarly articles were published as paid-for open access in 2021, but this accounted for just under 15% of the total journal publishing revenue.

However, after two decades of discussions, advocacy, policy development and strategy, can this level of OA be considered a success, particularly when half of all research articles published today is hidden behind a paywall? I think not.

https://tinyurl.com/2s396wh7

"ACS, Elsevier, and Researchgate Resolve Litigation, with Solution to Support Researchers"

ACS and Elsevier, members of the Coalition for Responsible Sharing, have agreed to a legal settlement with ResearchGate that ensures copyright-compliant sharing of research articles published with ACS or Elsevier on the ResearchGate site. The lawsuits pending against ResearchGate in Germany and the United States are now resolved. The specific terms of the parties’ settlement are confidential.

Background: "Munich Court Ruling Sides with Elsevier, ACS over ResearchGate."

https://tinyurl.com/mrr9xywj

"Us Rejects AI Copyright for Famous State Fair-Winning Midjourney Art"

"The Board finds that the Work contains more than a de minimis amount of content generated by artificial intelligence ("AI"), and this content must therefore be disclaimed in an application for registration. Because Mr. Allen is unwilling to disclaim the AI-generated material, the Work cannot be registered as submitted," the office wrote in its decision.

https://tinyurl.com/3exv5ecw

"Internet Archive Appeals Loss in Library Ebook Lawsuit"

The Internet Archive announced today that it has appealed its loss in a major ebook copyright case. A notice indicates that it’s filed with the Second Circuit Court of Appeals in Hachette v. Internet Archive, a publishing industry lawsuit over the nonprofit group’s Open Library program. . . .

Court documents indicate the Internet Archive is still preparing its response to the lawsuit by UMG and other record labels; a pretrial conference in that case is currently scheduled for October.

https://tinyurl.com/ysp8m558

"Microsoft Offers Legal Protection for AI Copyright Infringement Challenges"

"Specifically, if a third party sues a commercial customer for copyright infringement for using Microsoft’s Copilots or the output they generate, we will defend the customer and pay the amount of any adverse judgments or settlements that result from the lawsuit, as long as the customer used the guardrails and content filters we have built into our products," writes Microsoft.

Further information: "Microsoft Announces New Copilot Copyright Commitment for Customers."

https://tinyurl.com/53x9yh6m

"Appeals Court Rules That Library of Congress Can No Longer Require Deposit of Published Works"

The bottom line now seems to be that CO [Copyright Office] can no longer require the deposit of two copies of all published works. Deposit can, it appears, continue to be a condition of copyright registration, but in light of this ruling it seems only a matter of time before that requirement is challenged as well. . . .

The implications of this ruling for the Library of Congress are potentially significant — if for no other reason than it will now have to purchase many of the books it once could rely on publishers and authors providing gratis.

https://tinyurl.com/zt23ksh8

Paywall: "A Study on Copyright Issues of Different Controlled Digital Lending (CDL) Modes"

The paper will explore CDL modes by combing CDL practices and programs from research papers and official website documents of different library organizations. Then, based on legal frameworks of CDL in the US, Canada and the UK which are summarized, copyright issues of CDL modes are analyzed from perspectives of implementing institution, service resources, and usage mode. Finally, some copyright recommendations for sustainable development of CDL are proposed.

https://doi.org/10.1177/09610006231190654

"Open Access and University IP Policies in the United States"

Although the existing, somewhat messy, maze of institutional IP policies, publishing agreements, and OA policies can seem daunting, understanding their terms is important for authors who want to see their works made openly available. I’ll leave for another day to explore whether it’s a good thing that the rights situation is so complex. In many situations, rights thickets like these can be a real detriment to authors and access to their works. In this case the situation is at least nuanced such that authors are able to leverage pre-existing licenses to avoid negotiating away the bundle of rights they need to see their works made available openly.

https://tinyurl.com/3ttpd7my

"The Rights of UC Authors Are at Stake. Here’s What We Are Doing about It."

"We have learned that many publishers are requiring UC authors to sign misleading License to Publish agreements, which undermine the spirit and intent of [UC’s open access policies]," wrote Susan Cochran, Chair of the faculty Academic Senate PDF.

By purporting to restrict an author’s abilities to reuse their own work, "these agreements essentially turn faculty authors into readers, as opposed to creators and owners of their own work," the Academic Senate chair concludes.

The team that leads negotiations with scholarly publishers on behalf of the university, including representatives from UC’s California Digital Library, the 10 campus libraries, and the Academic Senate, is now taking up the charge, making author rights the next frontier in advocating for the UC research community.

https://tinyurl.com/mry3hczw

"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

"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

| Research Data Publication and Citation Bibliography | Research Data Sharing and Reuse Bibliography | Research Data Curation and Management Bibliography | Digital Scholarship |

"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

"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

| Research Data Publication and Citation Bibliography | Research Data Sharing and Reuse Bibliography | Research Data Curation and Management Bibliography | Digital Scholarship |

"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

| Research Data Publication and Citation Bibliography | Research Data Sharing and Reuse Bibliography | Research Data Curation and Management Bibliography | Digital Scholarship |

"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

| Research Data Publication and Citation Bibliography | Research Data Sharing and Reuse Bibliography | Research Data Curation and Management Bibliography | Digital Scholarship |

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.

| Research Data Publication and Citation Bibliography | Research Data Sharing and Reuse Bibliography | Research Data Curation and Management Bibliography | Digital Scholarship |

"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

"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

"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

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

"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