Category: Copyright

Copyright Clearance Center Launches Ozmo, a Commercial License Service, as Beta

The Copyright Clearance Center has launched Ozmo, a web-based commercial license service that supports the Creative Commons CC+ protocol, in beta mode.

Here's an excerpt from the press release:

Ozmo puts artists and writers in control. They select their license terms and set the price for the use of their content. Then, CCC puts its three decades of licensing expertise to work. CCC handles the entire licensing process and all payments go through Amazon’s Flexible Payment Service when a license is purchased. With Ozmo, buyers know instantly that they have the right to use the content and sellers know how their content is being used.

There are no set-up fees with Ozmo and content creators can license as much content as they want. Payment is collected from the buyer when the rights are purchased. Ozmo even helps sellers track and manage sales and buying trends. Ozmo supports the Creative Commons CC+ protocol for bridging the gap between commercial and non-commercial licensing. Content creators can apply the Creative Commons link for non-commercial use, and the Ozmo link for commercial use. . . .

How Ozmo works

To get started, users need only create a free Ozmo profile. Then, the content creator selects his or her license terms and pricing, and registers the work with Ozmo. Sellers can add an image, banner or bio that will be displayed with their work. Profile information can even be pulled over directly from Facebook. Using Ozmo is easy because it works with content where ever it resides online. Content creators never have to re-enter their work; Ozmo simply links back to the original host location.

Buyers, such as design firms, publishers, bloggers and other journalists, who want to tap in to the fresh content available through Ozmo, can do so by searching the Ozmo website or clicking on the Ozmo link wherever they find it online. CCC handles the billing, the buyer receives the license by email and the content creator gets paid. It’s that simple.

Read more about it at "Ozmo Launches with CC+ Protocol Support."

A Guide for the Perplexed: Libraries & the Google Library Project Settlement

ARL and ALA have released A Guide for the Perplexed: Libraries & the Google Library Project Settlement.

Here's an excerpt from the press release:

The guide is designed to help the library community better understand the terms and conditions of the recent settlement agreement between Google, the Authors Guild, and the Association of American Publishers concerning Google’s scanning of copyrighted works. Band notes that the settlement is extremely complex and presents significant challenges and opportunities to libraries. The guide outlines and simplifies the settlement’s provisions, with special emphasis on the provisions that apply directly to libraries.

The Code of Best Practices in Fair Use for Media Literacy Education

The Center for Social Media at American University has released The Code of Best Practices in Fair Use for Media Literacy Education.

Here's an excerpt:

This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question—as it does for certain narrowly defined classroom activities.

This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K–12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.

New GNU Free Document License Will Allow Wikipedia to Use Creative Commons License

At the request of the Wikimedia Foundation, the Free Software Foundation has modified the GNU Free Document License so that, in the newly released version 1.3 of that license, the Wikipedia, which uses the GNU FDL License, can use the Creative Commons Attribution-ShareAlike 3.0 license.

In "Enormously Important News from the Free Software Foundation," Lawrence Lessig discusses the significance of this change.

Here's an excerpt:

It would be hard to overstate the importance of this change to the Free Culture community. A fundamental flaw in the Free Culture Movement to date is that its most important element—Wikipedia—is licensed in a way that makes it incompatible with an enormous range of other content in the Free Culture Movement. One solution to this, of course, would be for everything to move to the FDL. But that license was crafted initially for manuals, and there were a number of technical reasons why it would not work well (and in some cases, at all) for certain important kinds of culture.

This change would now permit interoperability among Free Culture projects, just as the dominance of the GNU GPL enables interoperability among Free Software projects. It thus eliminates an unnecessary and unproductive hinderance to the spread and growth of Free Culture.

Georgia Harper on the Google-AAP/AG Copyright Settlement

In "The LJ Academic Newswire Newsmaker Interview: Georgia Harper," Harper, Scholarly Communications Advisor at the University Libraries of the University of Texas at Austin, discusses the Google-AAP/AG copyright settlement and the part that research libraries played in it. Also see her blog posting ("Google Book Search—and Buy").

Here's an excerpt:

Brewster Kahle has chastised public libraries for working with Google under a cloak of secrecy. Can libraries realistically refuse NDAs?

I think Kahle’s point, and others raise this point too, is more about the deleterious effects of secrecy on the negotiation process itself. Secrecy tends to be isolating. If you don’t consult with your colleagues at other institutions, your leverage may be diminished. Of course, a library could also hire a business and/or legal consultant to help, and bind the consultant to the NDA. Yes, Kahle has identified a very thorny problem, but it’s one we can ameliorate. I don’t think it’s workable simply not to do business with companies whose assets are ideas and information just because they feel compelled to protect them through secrecy. Either way, consultation does increase information, and information is power—in fact, the power of information is also the source of the [NDA] problem in the first place.

Google-AAP/AG Copyright Settlement: Vaidhyanathan Questions, Google Answers

On October 28th, Siva Vaidhyanathan posed some questions to Google about its copyright settlement with the Association of American Publishers and the Authors Guild ("My Initial Take on the Google-Publishers Settlement"). Now, Google has replied ("Some Initial Answers to My Initial Questions about Google Book Search and the Settlement").

Author's Rights, Tout de Suite

Author's Rights, Tout de Suite, the latest Digital Scholarship publication, is designed to give journal article authors a quick introduction to key aspects of author's rights and to foster further exploration of this topic through liberal use of relevant references to online documents and links to pertinent Web sites.

It is under a Creative Commons Attribution-Noncommercial 3.0 United States License, and it can be freely used for any noncommercial purpose, including derivative works, in accordance with the license.

The prior publication in the Tout de Suite series, Institutional Repositories, Tout de Suite, is also available.

How Much Will Large Doctoral Universities Have to Pay to Try to Stop Illegal File Sharing?

A new study says that large doctoral institutions could face costs that "easily exceed half a million dollars annually" as they try to clamp down on illegal file sharing in order to comply with Section 488 of the Higher Education Opportunity Act of 2008.

The Campus Computing Project's The Campus Costs of P2P Compliance report details the findings of its July 2008 higher education compliance cost study, which included responses from 321 two-year and four-year institutions.

Read more about it at "The Costs of Policing Campus Networks."

University of Michigan Library Will Use Creative Commons Licenses for Its Works

The University of Michigan Library has announced that it will use Creative Commons Attribution-Non-Commercial licenses for works that it creates for which the Regents of the University of Michigan hold the copyrights.

Here's an except from the press release:

University Librarian Paul Courant said, "Using Creative Commons licenses is another way the University Library can act on its commitment to the public good. By marking our copyrighted content as available for reuse, we offer the University community and the public a rich set of educational resources free from traditional permissions barriers." . . .

All original copyrighted material that is created by Library staff and in which the copyright belongs to the Regents of the University of Michigan will be available under the Creative Commons Attribution-Non Commercial license. This includes bibliographies, research guides, lesson plans, and other resources. For some samples of the kinds of excellent resources that will now be available for adaptation and re-use, see our many Library Research Guides http://www.lib.umich.edu/guides/, the Usability Studies produced by the Library's Usability Working Group http://www.lib.umich.edu/usability/projects/projects.html, or the tutorials for using spatial and numeric data http://www.lib.umich.edu/nsds/spatial_tutorials/.

The Library has begun attaching Creative Commons licenses to content throughout its website, but some pages do not include the license code yet. The licenses will be fully integrated into the Library's new website design, scheduled for release in Fall 2008.

Nix to Remix: YouTube Acts on Takedown Notices from Networks about McCain Campaign Videos

YouTube has immediately acted on takedown notices from networks such as CBS and Fox News about McCain campaign videos, removing the allegedly infringing videos. The campaign has sent a protest letter to YouTube regarding the takedowns.

Here's an excerpt:

Numerous times during the course of the campaign, our advertisements or web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine. The uses at issue have been the inclusion of fewer than ten seconds of footage from news broadcasts in campaign ads or videos, as a basis for commentary on the issues presented in the news reports, or on the reports themselves.

Regarding the letter, Gigi Sohn, President of Public Knowledge, said:

It is ironic that the McCain/Palin campaign sent its letter to YouTube complaining about that company’s take-down procedures on the same day that President Bush signed the Pro-IP Act, which is yet another bill written by the big media companies that adds yet more imbalance to our copyright laws.

Read more about it at "McCain Campaign Feels DMCA Sting," "McCain Letter Shows Imbalance in Copyright Law," and "McCain/Palin Campaign Angry over Bogus DMCA Takedowns."

President Bush Signs PRO-IP Copyright Bill

President Bush has signed the Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act). In addition to strengthening infringement penalties, the bill creates an Intellectual Property Enforcement Coordinator position (commonly known as the "Copyright Czar") in the Office of the President.

Read more about it at "Bush Signs RIAA-backed Intellectual-Property Law," "President Bush Approves 'Copyright Czar' Bill," and "Stacking Penalties upon Penalties (PRO-IP Passes Senate)."

New Zealand's New Copyright Law Will Terminate Internet Service to Repeat Infringers

With the exception of the controversial Section 92A, New Zealand's Copyright (New Technologies) Amendment Act 2008 will become effective on 10/31/08. According to a government press release, Section 92A has "a requirement for internet service providers to have, and reasonably implement, a policy for termination of accounts of repeat copyright infringers in appropriate circumstances." It will become effective on 2/28/09.

Read more about it at "Copyright Bill Provisions Trample Kiwi Rights Further, Experts Say" and "ICT Industry Moves to Address Copyright Confusion."

Content: Selected Essays on Technology, Creativity, Copyright, and the Future of the Future

Noted copyright freedom fighter and science fiction author Cory Doctorow has released a free version of Content: Selected Essays on Technology, Creativity, Copyright, and the Future of the Future under a Creative Commons U.S. Attribution-NonCommercial-ShareAlike license. Doctorow is also a major contributor to the Boing Boing Weblog.

Academic Publishing Developments: Bloomsbury Academic and AAUP's Tizra Deal

In "2 New Digital Models Promise Academic Publishing for Profit," Chronicle of Higher Education reporter Jennifer Howard overviews two interesting developments in academic publishing: (1) the new Bloomsbury Academic imprint, which offers free access to books in PDF form under Creative Commons licenses (as well as print-on-demand versions), and (2) the Association of American University Presses' deal to give its members lower-cost access to Tizra's Publisher, a publishing e-commerce platform.

Internet Radio: Saved by the Bill? Congress Passes Webcaster Settlement Act of 2008

Internet radio stations, hard-pressed by high royalty rates established by the U.S. Copyright Royalty Board, may get relief if the President signs the Webcaster Settlement Act of 2008, which was passed by the House and Senate. The bill permits webcasters and copyright holders to negotiate royalty rates directly without government approval.

Read more about it at "Congress Acts, Sort of Saves Internet Radio"; "Senate OKs Web Radio Bill, Sends to President"; and "Senate Passes Webcaster Settlement Act of 2008."

Cox Communications Temporarily Suspends Internet Service to Customers Who Receive Takedown Notices

TorrentFreak reports that Cox Communications is temporarily suspending Internet service to customers who receive takedown notices. Cox also has a "three-strikes" policy that permanently disconnects service to customers who have received three takedown notices.

Read more about it at "Cox Disconnects Alleged Pirates from the Internet."

Will the Orphan Works Act Die a "Quiet Death" in the House?

Wired reports that the Shawn Bentley Orphan Works Act of 2008, which passed the Senate, will languish in the House due to pressing economic legislation. (See ARL's "Orphan Works Legislation" briefing for background information.)

You can contact your Congressional representatives to support the bill using ALA's Take Action page for the bill.

Read more about it at "'Orphan Works' Copyright Law Dies Quiet Death."

Major Copyright Law, the PRO-IP Act, Passed by Senate

The Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act), formerly called the Enforcement of Intellectual Property Rights Act, has been passed by the Senate sans a controversial provision that would have given the Justice Department the ability the bring civil suits against infringers, a provision that the DoJ opposed. The provision to create an Intellectual Property Enforcement Coordinator, opposed by the White House, remained intact.

Read more about it at "IP Bill Passes Senate, No Civil Enforcement Power for DoJ," "Public Knowledge Statement on Senate Passage of Intellectual Property Legislation," "Senate Passes Bill Creating 'Copyright Czar,'" and "Stacking Penalties Upon Penalties (PRO-IP Passes Senate)."