Copyright – Page 3 – DigitalKoans

"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

"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

"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

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/

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

"’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

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