Category: Digital Copyright Wars

"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

The CASE Act (H.R. 3945): "Copyright and Speech Should Not Be Treated Like Traffic Tickets"

Katharine Trendacosta has published "Copyright and Speech Should Not Be Treated Like Traffic Tickets" in DeepLinks.

Here's an excerpt:

On Thursday, August 27, the House Judiciary Committee held a hearing on the CASE Act (H.R. 3945). The CASE Act would create a “small claims” system for copyright, but not within the courts. Instead, cases would be heard by “Claims Officers” at the Copyright Office in Washington, D.C. And the Copyright Office has a history of presuming the interests of copyright holders are more valid than other legal rights and policy concerns, including the free expression values protected by fair use.

Basically every concern we had about the CASE Act last year remains: Turning over quasi-judicial power, which would include issuing damages awards of up to $15,000 per work infringed or $30,000 per proceeding, and agreements which boil down to binding injunctions, to a body with this history is unwise.

See also: Text of the bill.

Academic Library as Scholarly Publisher Bibliography | Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap