up2date

"Copyright – A Conceptual Battle in a Digital Age"

From INFOdocket :

... thesis was written by Stefan Larsson, a sociology of law researcher at Lund University in Sweden.

From a Summary (via a Lund University Newspost)

What is it about copyright that doesn’t work in the digital society? Why do millions of people think it’s OK to break the law when it comes to file sharing in particular? Sociology of law researcher Stefan Larsson from Lund University believes that legal metaphors and old-fashioned mindsets contribute to the confusion and widening gaps between legislation and the prevailing norms.

Our language is made up of metaphors, even in our legal texts. Stefan Larsson has studied what consequences this has when digital phenomena, such as file sharing and downloading, are limited by descriptions intended for an analogue world.
“When legal arguments equate file sharing with theft of physical objects, it sometimes becomes problematic”, says Stefan Larsson, who doesn’t think it is possible to equate an illegal download with theft of a physical object, as has been done in the case against The Pirate Bay.

...

In Stefan Larsson’s view, the word ‘copies’ is a hidden legal metaphor that causes problematic ideas in the digital society. For example, copyright does not take into account that a download does not result in the owner losing his or her own copy. Neither is it possible to equate number of downloads with lost income for the copyright holder, since it is likely that people download a lot more than they would purchase in a shop.

Other metaphors that are used for downloading are infringement, theft and piracy.
“The problem is that these metaphors make us equate copyright with ownership of physical property”, says Stefan Larsson.

Moreover, there are underlying mindsets which guide the whole of copyright, according to Stefan Larsson. One such mindset is the idea that creation is a process undertaken by sole geniuses and not so much in a cultural context. In Stefan Larsson’s view, this has the unfortunate consequence of making stronger copyright protection with longer duration and a higher degree of legal enforcement appear reasonable. The problem is that it is based on a misconception of how a lot of things are created, says Stefan Larsson.

“Borrowing and drawing inspiration from other artists is essential to a lot of creative activity. This is the case both online and offline.”

The full text of Mr. Larsson’s compilation thesis is available here (264 pages; PDF)

"What's at Stake in the HathiTrust Lawsuit?"

From EDUCAUSE :

"In this free hour-long session, “What's at Stake in the HathiTrust Lawsuit?,” Marc Hoit, Jonathan Band, and James Grimmelman will discuss the legal questions on which the Authors Guild v. HathiTrust lawsuit will turn, and the potential implications for universities and libraries. The results could significantly influence libraries' digitization and digital distribution practices. Those unable to attend may wish to visit the archives after the event..."

“The Song of the Sirens: Google Book’s Project and Copyright in a Digital Age”"

From INFOdocket (with some of my comments in []):

"The Song of the Sirens: Google Book’s Project and Copyright in a Digital Age (15 Pages; PDF)
Working Paper Version

Authors:
Clarice Castro
Universidade Federal de Pernambuco, Catholic University of Pernambuco

Ruy De Queiroz
Federal University of Pernambuco

...

Abstract:
....

Google’s Book Project radically changed its character from the time of its birth until the negotiation of an Amended Settlement Agreement – ASA with the plaintiffs. It has raised serious controversies not only regarding different aspects of the future of the Internet but also over the issue of privatization of knowledge. Those in favour of the initiative highlight the astonishing accomplishment of Google, allowing us to access books more easily than ever before in human history. However, their claim is as dangerous as the song of the sirens. While at first sight Google tells a tale of extraordinary inclusion, it excludes those who cannot pay to access snippets or limited view of around 80% of the books available. [Isn't the only way to 'pay' to buy the book? I fail to grasp the argument -- or I'm just not understanding something. How is this exclusionary any more than the fact that not everyone can access every library?.]

We will also discuss the Amended Settlement Agreement of Google with the Author’s Guild and its failure on March, 2011. Finally, we will explore the concept of “fair use,” or “exceptions and limitation on copyright,” which provides for full access to books to any individual, library or archive as long as they are used for educational or scientific purposes. [Does this include digital manifestation? My understanding (No, I am most emphatically *not* a lawyer) is that digital manifestations have different legal standing.]

"

FBI Anti-Piracy Warning Seal will be available to all

While it has been the exclusive domain of a few large entities (strictly forbidden to individuals), the FBI seal will now be able to be legally used by everyone who so desires. To quote the Wired article : "Even personal websites can proudly display the logo without violating federal law, which carries a maximum six-month sentence and other penalties for using the insignia without FBI approval."

"New Copyright Video from the CCC"

From the ResourceShelf :

"The Copyright Clearance Center has produced a new introductory video, Copyright Basics,  available for use in your organization at this link."

from ARL: "Fair Use Challenges in Academic and Research Libraries"

From the ResourceShelf :

New Report From ARL: "Fair Use Challenges in Academic and Research Libraries"

December 20, 2010 22:45

Direct to Full Text Paper (22 Pages; PDF)

From an ARL Announcement:

The Association of Research Libraries (ARL) is pleased to announce the release of Fair Use Challenges in Academic and Research Libraries, a report that summarizes research into the current application of fair use and other copyright exemptions to meet the missions of U.S. academic and research libraries.

The research was conducted in partnership with the Center for Social Media and the Program on Information Justice and Intellectual Property at American University. In dozens of interviews with veteran research and academic librarians, the researchers learned how copyright law comes into play as interviewees performed core library functions, including:

+ Facilitating student access to learning materials on e-reserves and course websites

+ Providing scholars access to research materials, whether by digitizing existing collections or by providing physical access to special collections and archives

+ Preserving research materials for future scholars and the public, and creating useable copies of frail materials for contemporary use

+ Exhibiting material from collections, whether online or in physical space

The interviews revealed that fair use is an essential component of copyright exemptions for libraries as they engage in these activities. Some librarians had arrived at a view of fair use that helped them balance library mission and copyright law with confidence, but many had not.

 

New Post "Dramatic Growth of Open Access" Series

From the ResourceShelf :

Heather Morrison Adds a New Post in Her "Dramatic Growth of Open Access" Series

December 15, 2010 02:50

In an 'early year-end edition' Heather Morrison continues her "dramatic growth of open access" series with 2010 year-end numbers.

The report is rich in data (downloadable, too), charts, and analysis.

Here are two pieces of OA info from Morrison's post:

The Directory of Open Access Journals now lists 5,864 titles, having added more than 1,300 over the past year, or close to 4 titles per day.

More than half the research funded by NIH indexed in PubMed is now freely available, regardless of publication.

Again, a LOT more in the complete blog post.

Links to All Of the Posts in the "Dramatic Growth of Open Access" Series

"Professors Publish Guide to Copyright Issues of Multimedia Projects"

From the Chronical's Wired Campus :

"...many students fail to understand the legal risks. A new study, titled “Copying Right and Copying Wrong With Web 2.0 Tools in the Teacher Education and Communications Classrooms,” attempts to educate students about both the appropriate and inappropriate ways to use copyrighted materials that are available to mass audiences on the Internet.

..."

SPARC-ACRL forum videos up

Presentation materials from library and publishing innovators who offered concrete data and strategies for “Rough waters: Navigating hard times in the scholarly communication marketplace,” at the SPARC-ACRL forum at ALA in Chicago, July 2009.

from : ACRL Insider

UofM "Open Access Week" Lessons and Ideas

from the ResourceShelf:

Now Online: Video - UMich’s March Open Access Week: Lessons and Ideas (Recorded April 30, 2009)

From the Summary:

On April 30, Molly Kleinman from the University of Michigan Library joined us to talk about why the library decided a comprehensive program on Open Access was important, how the team secured administrative support and funding, how they attracted faculty, students, and others to events across campus, what they learned and would do differently next time, what “Copyright Jeopardy” is, exactly, and share her thoughts in general. Viewing the Webcast is recommended for all who plan to or may celebrate Open Access Week in October.

Direct To Video

Source: SPARC

copyright in the UK

From the ResourceShelf:

UK: Report: Copyright - what is the future for education and research?

From a Summary:

…leading figures in UK education and research today met at the British Library to explore the tensions and opportunities surrounding the role of copyright law in an increasingly digital knowledge economy.

David Lammy MP, Minister of State for Higher Education and IP, joined a distinguished panel drawn from the fields of publishing, libraries and higher education, which provided a range of perspectives on how copyright might best support innovation, education and research in the online environment.

Source: The British Library

Impact of Copyright Law on Digital Preservation (EDUCAUSE)

International Study on the Impact of Copyright Law on Digital Preservation

Title:

Abstract:

This study focuses on the copyright and related laws of Australia, the Netherlands, the United Kingdom and the United States and the impact of those laws on digital preservation of copyrighted works. It also addresses proposals for legislative reform and efforts to develop non-legislative solutions to the challenges that copyright law presents for digital preservation. This is a joint report from The Library of Congress National Digital Information, Infrastructure and Preservation Program, The Joint Information Systems Committee, The Open Access to Knowledge (OAK) Law Project and .he SURFfoundation

sparks at SPARC

(Okay, I couldn't resist the title...)

From the LJ Academic Newswire, and then reported on the LJ site:

In his closing keynote address at the 2008 SPARC Digital Repositories Meeting, in Baltimore, MD, David Shulenberger, VP of academic affairs at the National Association of State Universities and Land-Grant Colleges (NASULGC), offered seven steps toward a brighter, digital repository future. Then, in notable aside to one of the steps, he called out the Association of American University Presses (AAUP) and the American Chemical Society (ACS) for working against the best interests of the academy

Fair Use for Media Literacy

The ACRLog writes about the Code of Best Practices in Fair Use for Media Literacy Education, which was released on 11 November.  Included in the post is a link to the "archived stream of the [release] event."

ACRL Podcast: The Beauty of “Some Rights Reserved”

From the ACRL Insider blog:

In this podcast, Molly Kleinman, copyright specialist at the University of Michigan Library, discusses Creative Commons and the current state of copyright law with College & Research Libraries News editor-in-chief David Free. Kleinmans’s article “The Beauty of ‘Some Rights Reserved’” appears in the November 2008 issue of C&RL News.

EndNote vs. Zotero lawsuit

MIT Libraries' Mackenzie Smith, Associate Director for Technology, talks about the lawsuit "that Thomson Reuters, owner of the proprietary bibliographic management software EndNote, has pursued against George Mason University and the Commonwealth of Virginia in relation to their open-source tool, Zotero. She provides an overview of the details of the claims in the case, and shares her views on the implications of the lawsuit for universities and scholars. ... For more information, see MacKenzie’s blog story on this same topic."

WorldCat Copyright registry

From the news release:

OCLC is piloting a new service for libraries that encourages librarians and other interested parties to discover and share information about the copyright status of books.

The Worldcat Copyright Evidence Registry is a community working together to build a union catalog of copyright evidence based on WorldCat, which contains more than 100 million bibliographic records describing items held in thousands of libraries worldwide. In addition to the WorldCat metadata, the Copyright Evidence Registry uses other data contributed by libraries and other organizations.

Source: OCLC

From:  http://www.resourceshelf.com/2008/08/26/new-from-oclc-worldcat-copyright-evidence-registry/

Another example, whether or not you agree with it, of WorldCat taking on a role that LC should concievably play, don't you think?

-- SGW