Category: Digital Copyright Wars

"Don’t Sacrifice Fair Use to the Bots"

Elliot Harmon has published "Don't Sacrifice Fair Use to the Bots" in DeepLinks.

Here's an excerpt:

It's easy to see the impact that Content ID has had on the YouTube community—a simple search reveals hundreds of videos about how to avoid a Content ID takedown, with litanies of guidelines about keeping clips to a certain length, adding a colored border to them, or keeping the copyrighted content in a certain corner of the screen.

That's the problem. The beauty of fair use is its inherent flexibility. The law does not provide specific rules about how long of a clip must be for you to use it in your parody or criticism or whether it can take up the full screen. But in a filtered Internet, the algorithms create new restrictions on our online speech. The danger of mandatory filtering is that machines will replace human judgment.

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Final Text of the EU Copyright Directive Is Now Available

Julia Reda has published the final text of the EU Copyright Directive: Article 11, Article 13, and the entire document.

Read her analysis at: "The Text of Article 13 and the EU Copyright Directive Has Just Been Finalised."

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"Academic Libraries as Unlikely Defendants: A Comparative Fair Use Analysis of the Georgia State University E-Reserves and HathiTrust Cases"

Laura Burtle and Mariann Burright have self-archived "Academic Libraries as Unlikely Defendants: A Comparative Fair Use Analysis of the Georgia State University E-Reserves and HathiTrust Cases."

Here's an excerpt:

Academic libraries rely on fair use for key functions in support of education. Among these functions are provision of electronic reserves, mass digitization, provision of access for print-disabled students, and preservation. These were the practices at issue in the 2008 Georgia State University e-reserves case and the 2012 HathiTrust case. This article explores the two lawsuits where libraries were sued for alleged copyright infringement. We explore how the courts in each case applied fair use to the facts of the case, compare and contrast the courts' analysis, and explain the role that transformative use plays in distinguishing the outcomes. Finally, the article applies lessons learned from the two cases to common library activities.

Research Data Curation Bibliography, Version 9 | Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

"The European Court of Human Rights Affirmed That Hyperlinking Is Protected Free Expression. Here’s Why We’re Applauding."

The Wikimedia Foundation has released "The European Court of Human Rights Affirmed That Hyperlinking Is Protected Free Expression. Here's Why We’re Applauding."

Here's an excerpt:

Last week, the ECHR affirmed an important principle: that simply posting a hyperlink should not make a person liable for the content of that link. This is a welcome decision for freedom of expression online. By recognizing that a restriction on hyperlinking is a restriction on speech, the ECHR has shown an understanding about the realities of internet use in Europeans’ daily lives.

Research Data Curation Bibliography, Version 9 | Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap