Compromise Music Modernization Act Will Bring Old Sound Recordings into The Public Domain, Tiptoe Towards Orphan Works Solution; TechDirt, September 19, 2018

Mike Masnick, TechDirt; Compromise Music Modernization Act Will Bring Old Sound Recordings into The Public Domain, Tiptoe Towards Orphan Works Solution

"So, this new amended bill creates a very minor tiptoe towards an orphan works concept, just with sound recordings and only for "certain noncommercial uses of sound recordings that are not being commercially exploited." This is way, way, way too limited, but it's a start. Under the rules, someone engaged in non-commercial use (and boy, I can't wait to see the litigation fights over what counts as commercial v. non-commercial use...), has to make a "good faith, reasonable search" to see if a work is being commercially exploited. Following that, they have to file a notice with the Copyright Office announcing their intention to use the sound recording, allowing a 90 day period for someone to object. If there are no objections then, the work may be used in such non-commercial projects. This is extremely limited (way too much so), but hopefully will be useful to sites like the Internet Archive and various libraries. It would be nice if it went much further, but considering that no attempt to deal with orphan works has ever gone anywhere, this seems like at least a tiny step in the right direction. At the very least, hopefully it can be used to show that the world doesn't collapse when there is a way to make use of orphan works when the copyright holder cannot be found."

Tor, OverDrive Comment on Library Ebook Embargo; Library Journal, September 6, 2018

Matt Enis, Library Journal; Tor, OverDrive Comment on Library Ebook Embargo

"In a move that has raised concern throughout the library field, Macmillan in July announced that it would be testing a four month embargo on selling new ebooks published by its Tor imprint to libraries. The publisher said the test would help it determine whether library lending is having a negative impact on retail ebook sales. For libraries, the embargo recalled a time less than a decade ago when many major publishers refused to license ebooks to libraries altogether."

Europe’s open-access drive escalates as university stand-offs spread; Nature, May 17, 2018

Holly Else, Nature; Europe’s open-access drive escalates as university stand-offs spread

"Bold efforts to push academic publishing towards an open-access model are gaining steam. Negotiators from libraries and university consortia across Europe are sharing tactics on how to broker new kinds of contracts that could see more articles appear outside paywalls. And inspired by the results of a stand-off in Germany, they increasingly declare that if they don’t like what publishers offer, they will refuse to pay for journal access at all. On 16 May, a Swedish consortium became the latest to say that it wouldn’t renew its contract, with publishing giant Elsevier.

Under the new contracts, termed ‘read and publish’ deals, libraries still pay subscriptions for access to paywalled articles, but their researchers can also publish under open-access terms so that anyone can read their work for free.

Advocates say such agreements could accelerate the progress of the open-access movement. Despite decades of campaigning for research papers to be published openly — on the grounds that the fruits of publicly funded research should be available for all to read — scholarly publishing’s dominant business model remains to publish articles behind paywalls and collect subscriptions from libraries (see 'Growth of open access'). But if many large library consortia strike read-and-publish deals, the proportion of open-access articles could surge."

Over 50 Libraries, Educators, Researchers Call On EU Parliament For Better Copyright; Intellectual Property Watch, February 15, 2018

Intellectual Property Watch; Over 50 Libraries, Educators, Researchers Call On EU Parliament For Better Copyright

"More than 50 organisations representing a range of teachers, students, trainers, researchers, scientists, librarians and others have joined together to call on the European Parliament to improve European copyright reform for education.

The announcement from Electronic Information for Libraries (EIFL) is available here and reprinted below:"

Copyright For Libraries Around The World In 2018; Intellectual Property Watch, February 16, 2018

IFLA via Intellectual Property Watch; Copyright For Libraries Around The World In 2018

"Note: This roundup of changes to copyright laws around the world was prepared and originally published here by the International Federation of Library Associations and Institutions (IFLA). It is reposted with permission of the authors.

Copyright laws around the world are constantly changing in an attempt to adapt – or react – to the digital world. These changes can have a major impact on how libraries function and on the public service they provide. While some reforms offer new possibilities and legal certainty, others look backwards and seek to use the law to restrict the ability of libraries to guarantee meaningful information access to their users.

IFLA therefore follows the evolution of copyright reforms around the world, as well as bilateral and multilateral trade agreements that impact copyright regimes.

With the input of the IFLA copyright and other legal matters committee and network, we have compiled an inventory of recent and ongoing reforms that affect libraries and their services around the world. Following part 1, part 2 will identify topics that seem to be gaining importance in copyright reforms, and the approach that countries are adopting."

Soon, nobody will read academic journals illegally, because the studies worth reading will be free; Quartz, August 9, 2017

Akshat Rathi, Quartz; Soon, nobody will read academic journals illegally, because the studies worth reading will be free

"Now a new study has found that nearly half of all academic articles that users want to read are already freely available. These studies may or may not have been published in an open-access journal, but there is a legally free version available for a reader to download...

The finding is backed by two trends. First, academics are increasingly publishing in open-access journals. Looking at a random sample of studies published in 2015, about 45% were published in such journals. Second, studies published in open-access journals receive more citations than average. It’s not clear whether that’s to do with the quality of research or easy access, but it’s a positive sign for a more open-accessed internet."

Torching the Modern-Day Library of Alexandria: "Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them."; The Atlantic, April 20, 2017

James Somers, The Atlantic; Torching the Modern-Day Library of Alexandria: "Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them."

"After the settlement failed, Clancy told me that at Google “there was just this air let out of the balloon.” Despite eventually winning Authors Guild v. Google, and having the courts declare that displaying snippets of copyrighted books was fair use, the company all but shut down its scanning operation.

It was strange to me, the idea that somewhere at Google there is a database containing 25-million books and nobody is allowed to read them. It’s like that scene at the end of the first Indiana Jones movie where they put the Ark of the Covenant back on a shelf somewhere, lost in the chaos of a vast warehouse. It’s there. The books are there. People have been trying to build a library like this for ages—to do so, they’ve said, would be to erect one of the great humanitarian artifacts of all time—and here we’ve done the work to make it real and we were about to give it to the world and now, instead, it’s 50 or 60 petabytes on disk, and the only people who can see it are half a dozen engineers on the project who happen to have access because they’re the ones responsible for locking it up."

Librarians, Archivists, Call On WIPO Members To Create Safe Harbour Against Copyright Liability; Intellectual Property Watch, 11/18/16

Catherine Saez, Intellectual Property Watch; Librarians, Archivists, Call On WIPO Members To Create Safe Harbour Against Copyright Liability:

"The age of digitisation has opened new doors to distribution of information including for libraries and archives. However, librarians and archivists are often confronted with risk of liability for copyright infringement, nationally and in cross-border activities. This week, they asked the World Intellectual Property Organization copyright committee to provide them not only with some exceptions to copyright, but with protection against liability.

The WIPO Standing Committee on Copyright and Related Rights (SCCR) is taking place from 14-18 November. On the SCCR agenda is copyright exceptions and limitations for libraries and archives. On 17 November, librarians and archivists took the floor to explain why an international standard protecting them against liability is indispensable."

The Difference between Copyright Infringement and Plagiarism—and Why It Matters; Library Journal, 8/17/16

Rick Anderson, Library Journal; The Difference between Copyright Infringement and Plagiarism—and Why It Matters:

"TELLING THE DIFFERENCE

If you were to take Alice’s Adventures in Wonderland, change the title and the characters’ names, and pass it off as your original work, that would be plagiarism. However, there would be no copyright infringement, because Alice’s Adventures in Wonderland is in the public domain and therefore no longer subject to copyright.

On the other hand, if you were to take 50 Shades of Grey—a work currently in copyright—change the title and the characters’ names, and pass it off as your original work, that would constitute both plagiarism and copyright infringement. Stealing the author’s work in this way and selling an unauthorized derivative of it would not only be unethical; it would also be illegal.

Under U.S. law, it might be an example of stealing that rises to the level of a felony punishable by imprisonment, depending on its demonstrable financial impact on the legitimate rights holder."

Libraries’ Love Your Data Week raises awareness among research universities; Penn State News, 2/5/16

Penn State News; Libraries’ Love Your Data Week raises awareness among research universities:

"During the week of Feb. 8, university research libraries across the United States, including Penn State’s University Libraries — @psulibs on Twitter, Facebook and Instagram — are participating in a grassroots social media campaign to spread awareness about the importance of documenting, sharing, preserving and making available research data.

Love Your Data Week — hashtag #lyd16 — is about recognizing the ways in which individuals can start caring for data now, adopting consistent practices, modeling and implementing them for generations to come. Managing data in a conscionable way, with attention as well to affordances for reuse, is both a responsibility to the scholarly record and an important public good.

University students, in particular, are learning and researching in an era of increasing compliance with federal funding agencies’ requirements for public access to research results, including data. The themes of Love Your Data Week prompt faculty and staff to ask: How do we teach students to be responsible stewards of their scholarly outputs? How do we instill in them an awareness of potential future users of their work — a perspective that affects how data gets shared or not, is made accessible or not?"

Libraries in the Time of MOOCs; Educause Review, 11/4/13

Curtis Kendrick and Irene Gashurov, Educause Review; Libraries in the Time of MOOCs: "MOOCs give librarians new opportunities to help shape the conversation about changes in higher education and to guide administrators, faculty, and students through these changes. To assume this role, librarians must understand the MOOCs landscape. Numerous stakeholders will have an interest in the massive intellectual property that ultimately resides in libraries' owned and licensed digital repositories. Studying and adopting technologies to manage and monitor MOOC usage of library resources will be essential to controlling access and tightening Internet safeguards."

Imagining a Swap Meet for E-Books and Music; New York Times, 3/7/13

David Streitfeld, New York Times; Imagining a Swap Meet for E-Books and Music: "On Thursday, the United States Patent and Trademark Office published Apple’s application for its own patent for a digital marketplace. Apple’s application outlines a system for allowing users to sell or give e-books, music, movies and software to each other by transferring files rather than reproducing them. Such a system would permit only one user to have a copy at any one time. Meanwhile, a New York court is poised to rule on whether a start-up that created a way for people to buy and sell iTunes songs is breaking copyright law. A victory for the company would mean that consumers would not need either Apple’s or Amazon’s exchange to resell their digital items... Libraries, though, welcome the possibility of loosened restrictions on digital material. “The vast majority of e-books are not available in your public library,” said Brandon Butler, director of public policy initiatives for the Association of Research Libraries. “That’s pathetic.” He said that 60 percent of what the association’s 125 members buy was electronic, which meant sharp restrictions on use."

The Wrong War Over eBooks: Publishers Vs. Libraries; Forbes.com, 12/11/12

David Vinjamuri, Forbes.com; The Wrong War Over eBooks: Publishers Vs. Libraries: "In a society where bookstores disappear every day while the number of books available to read has swelled exponentially, libraries will play an ever more crucial role. Even more than in the past, we will depend on libraries of the future to help discover and curate great books...For publishers, the library will be the showroom of the future. Ensuring that libraries have continuing access to published titles gives them a chance to meet this role, but an important obstacle remains: how eBooks are obtained by libraries. This column is the first in a two-part series about libraries and their role in the marketing and readership of books...The solution to the current pricing problem lies in understanding that the argument publishers and libraries are having is the wrong argument."

Libraries Are Not The Same as Manga Scanlation Sites; About.com

Robin Brenner, About.com; Libraries Are Not The Same as Manga Scanlation Sites:

"To stop this nonsense once and for all, I asked librarian, author and blogger Robin Brenner to explain why borrowing and reading manga from a library isn't the same as reading illegal, scanned versions of the same books. Here's her breakdown on the four reasons why libraries aren't the same as scanlation websites."

Libraries Grapple With The Downside Of E-Books; NPR's Morning Edition, 5/29/12

Ben Bradford, NPR's Morning Edition; Libraries Grapple With The Downside Of E-Books:

"BRADFORD: Another problem is that almost all U.S. libraries that offer e-books do so through an outside company called Overdrive. And libraries don't actually buy the e-books. They're in a way renting them. Here's Tom Galante, who runs the Queens Library.

GALANTE: When you license content through them, you really aren't owning the content. Every year you have to pay them to continue to have that subscription service or you lose your content that you've already paid for.

BRADFORD: If a library stops using Overdrive, it could lose all the books it's licensed through the company. Robert Wolven heads an American Library Association group that's trying to develop a new model - one that that publishers would buy into and would eliminate middlemen."

Free Webcast by Association of Research Libraries (ARL) on Georgia State University e-Reserves Case: Thursday, May 24, 2012 2 PM EDT

"Register Now for ARL Webcast on GSU Decision:

Washington DC—The Association of Research Libraries (ARL) is holding a webcast on Thursday, May 24, from 2:00–3:00 p.m. ET, on the substance and implications of the recent decision in the lawsuit over Georgia State University's (GSU) e-reserves program. Brandon Butler, ARL Director of Public Policy Initiatives, and Jonathan Band (policybandwidth) will recap the basic facts of the case and the key holdings in the decision, discuss the possible next steps in the litigation, and suggest some of the possible consequences for libraries making their own decisions about how best to implement a fair use policy in the context of course reserves.

To register for this free webcast, please visit http://www.visualwebcaster.com/event.asp?id=87299

To read ARL's Issue Brief on the GSU decision, visit http://www.arl.org/bm~doc/gsu_issuebrief_15may12.pdf."

Caving to Washington? "Canadian DMCA" expected to pass; ArsTechnica.com, 9/30/11

Matthew Lasar, ArsTechnica.com; Caving to Washington? "Canadian DMCA" expected to pass:

"News accounts say that C-11 is an exact duplicate of Bill C-32, which croaked when the 2010 Parliament dissolved without passing the bill. Now, as then, one of the biggest points of contention will be the provisions regarding "digital locks." These add up to a Canadian version of the United States' Digital Millennium Copyright Act, with its DRM anti-circumvention provisions that make a variety of fair dealing (or fair use) activities untenable.

But critics of that portion of the legislation, such as Canadian law professor Michael Geist, suggest that this time around, the government will get its way."

Academic publishers make Murdoch look like a socialist; Guardian, 8/29/11

George Monbiot, Guardian; Academic publishers make Murdoch look like a socialist:

"You might resent Murdoch's paywall policy, in which he charges £1 for 24 hours of access to the Times and Sunday Times. But at least in that period you can read and download as many articles as you like. Reading a single article published by one of Elsevier's journals will cost you $31.50. Springer charges €34.95, Wiley-Blackwell, $42. Read 10 and you pay 10 times. And the journals retain perpetual copyright. You want to read a letter printed in 1981? That'll be $31.50.

Of course, you could go into the library (if it still exists). But they too have been hit by cosmic fees. The average cost of an annual subscription to a chemistry journal is $3,792."

LJ/SLJ's First Virtual Summit on Ebooks Draws Over 2100 Attendees; Library Journal, 10/1/10

LJ Staff, Library Journal; LJ/SLJ's First Virtual Summit on Ebooks Draws Over 2100 Attendees:

"Library Journal and School Library Journal's inaugural virtual summit, Ebooks: Libraries at the Tipping Point, confirmed both librarians' frustration over their exclusion from decisions being made regarding ebooks and their willingness to embrace ebook delivery and access for their users."

http://www.libraryjournal.com/lj/home/887063-264/ljsljs_first_virtual_summit_on.html.csp

Academic Libraries Add Netflix Subscriptions; Chronicle of Higher Education, 9/18/10

Travis Kaya, Chronicle of Higher Education; Academic Libraries Add Netflix Subscriptions:

"The company knows that its service is being used by librarians, but so far it has not taken legal action to stop them. "We just don't want to be pursuing libraries," Mr. Swasey said. "We appreciate libraries and we value them, but we expect that they follow the terms of agreement.""

http://chronicle.com/blogPost/Academic-Libraries-Add-Netflix/27018/