Internet Archive Court Loss Leaves Higher Ed in Gray Area; Inside Higher Ed, September 9, 2024

 Lauren Coffey, Inside Higher Ed; Internet Archive Court Loss Leaves Higher Ed in Gray Area

"Pandemic-era library programs that helped students access books online could be potentially threatened by an appeals court ruling last week. 

Libraries across the country, from Carnegie Mellon University to the University of California system, turned to what’s known as a digital or controlled lending program in 2020, which gave students a way to borrow books that weren’t otherwise available. Those programs are small in scale and largely experimental but part of a broader shift in modernizing the university library.

But the appeals court ruling could upend those programs...

Still, librarians at colleges and elsewhere, along with other experts, feared that the long-running legal fight between the Internet Archive and leading publishers could imperil the ability of libraries to own and preserve books, among other ramifications."

Sony copyright claims for Bewitched spell trouble for group that preserves old TV [Updated]; Are Technica, September 5, 2023

 JON BRODKIN , Ars Technica; Sony copyright claims for Bewitched spell trouble for group that preserves old TV [Updated]

"[Update at 6:56 pm ET: It looks like Rick Klein will be able to keep the YouTube channel running. Sony's copyright office emailed Klein after this article was published, saying it would "inform MarkScan to request retractions for the notices issued in response to the 27 full-length episode postings of Bewitched" in exchange for "assurances from you that you or the Fuzzy Memories TV Channel will not post or re-post any infringing versions from Bewitched or other content owned or distributed by SPE [Sony Pictures Entertainment] companies."

Sony said it's taking that step because "this is the first time we have become aware of your YouTube Channel posting unauthorized versions of SPE-distributed content, and the unique circumstances therein." However, Sony told Klein that his channel must remove "similarly infringing posts for other SPE-distributed shows," pointing out that he had posted episodes from other Sony shows.]

Original story: A nonprofit that preserves classic television videos may have its YouTube channel shut down tomorrow over copyright claims for Bewitched episodes that originally aired in the 1960s.

The Museum of Classic Chicago Television has about 5,000 videos, including many decades-old commercials and news shows, posted on its YouTube channel and its own Fuzzy Memories website. President and chief curator Rick Klein's "quest to save vintage Chicago TV shows and commercials" was featured in a WBEZ storytwo years ago.

But after 16 years of Klein and his group, who rely on donors and volunteers, archiving old videos, the TV museum's YouTube channel on August 30 received six copyright strikes for posting 27 Bewitched episodes owned by Sony Pictures Television. Copyright complaints were sent by MarkScan, a "digital asset protection" firm that content owners hire to enforce copyrights. MarkScan has been sending copyright complaints on Sony's behalf since at least 2014.

Klein told Ars today that he's not opposed to the Bewitched videos' deletion and that he has no intention of reposting them. But over the past few days he has been trying to reach anyone at MarkScan or Sony who can reverse the copyright strikes so he can continue the Museum of Classic Chicago Television's YouTube channel."

Record Labels File $412 Million Copyright Infringement Lawsuit Against Internet Archive; Rolling Stone, August 12, 2023

 ALTHEA LEGASPI, Rolling Stone; Record Labels File $412 Million Copyright Infringement Lawsuit Against Internet Archive

"UNIVERSAL MUSIC GROUP, Sony Music Entertainment, Capitol, and other record labels filed a copyright lawsuit on Friday against Internet Archive, founder Brewster Kahle, and others over the organization’s “Great 78 Project,” accusing them of behaving as an “illegal record store.” The suit lists 2,749 pre-1972 musical works available via Internet Archive by late artists, including Frank Sinatra, Ella Fitzgerald, Chuck Berry, Billie Holiday, Louis Armstrong, and Bing Crosby, among others.

The suit, which was filed in federal court and reviewed by Rolling Stone, claims the Internet Archive’s “Great 78 Project” — launched by Internet Archive as a community project for “the preservation, research and discovery of 78rpm records,” according to its blog — has violated copyright laws. By “transferring copies of those files to members of the public, Internet Archive has reproduced and distributed without authorization Plaintiffs’ protected sound recordings,” the suit alleges.

The nonprofit Internet Archive began in 1996, stating its mission is to “provide Universal Access to All Knowledge.” It purports to be a digital library that provides free access to researchers, historians, scholars, and the general public. Its “Great 78 Project” follows suit; the community project dedicates itself to “the preservation, research and discovery of 78rpm records” per a post about the project. It provides free access to “over 400,000 recordings” as Internet Archive estimates in its post."

Library seeks community's help to document COVID-19 changes to daily life; University of North Georgia, May 21, 2020

Clark Leonard, University of North Georgia; Library seeks community's help to document COVID-19 changes to daily life

"Joy Bolt, dean of libraries at UNG, said part of the impetus for the project came when she and Allison Galloup, special collection and digital initiatives librarian, sought documents related to the 1918 flu pandemic.

"We were both somewhat surprised to find little in our collection on the subject," Bolt said. "This is one reason why we thought it was important for us to collect information about the experiences of our Northeast Georgia community for future scholars and researchers. It will be there when people want to look back on this time and see how things were for so many of us."

To submit your story, use the library's collection form and upload your file or email it to archives@ung.edu.

Galloup knows many people will wonder if their items are needed or worth sending. She has a simple message.

"Nothing is too mundane to share. We cannot do this without the community's help. While there may be similarities in all of our stories, each person's experience and perspective is unique," Galloup said. "We're asking you to share whatever you'd like, in whatever format you'd like. Those who would like to participate can submit videos, voice recordings, scans, photographs, or text documents.""

The Washington Post; National Archives says it was wrong to alter images; The Washington Post, January 18, 2020

Steve Thompson and Joe Heim , The Washington Post; National Archives says it was wrong to alter images

 

"Officials at the National Archives on Saturday said they had removed from display an altered photo from the 2017 Women’s March in which signs held by marchers critical of President Trump had been blurred.

 

In tweets on Saturday, the museum apologized and said: “We made a mistake.”

“As the National Archives of the United States, we are and have always been completely committed to preserving our archival holdings, without alteration,” one of the tweets said.

“This photo is not an archival record held by the @usnatarchives, but one we licensed to use as a promotional graphic,” it said in another tweet. “Nonetheless, we were wrong to alter the image.”...

Marchers in the 2017 photograph by Mario Tama of Getty Images were shown carrying a variety of signs, at least four of which were altered by the museum. A placard that proclaimed “God Hates Trump” had Trump blotted out so that it read “God Hates.” A sign that read “Trump & GOP — Hands Off Women” had the word Trump blurred. Signs with messages that referenced women’s anatomy were also digitally altered."

National Archives exhibit blurs images critical of President Trump; The Washington Post, January 17, 2020

Joe Heim , The Washington Post; National Archives exhibit blurs images critical of President Trump

 

""There's no reason for the National Archives to ever digitally alter a historic photograph," Rice University historian Douglas Brinkley said. "If they don't want to use a specific image, then don't use it. But to confuse the public is reprehensible. The head of the Archives has to very quickly fix this damage. A lot of history is messy, and there's zero reason why the Archives can't be upfront about a photo from a women's march."...

 

Karin Wulf, a history professor at the College of William & Mary and executive director of the Omohundro Institute of Early American History and Culture, said that to ensure transparency, the Archives at the very least should have noted prominently that the photo had been altered.

"The Archives has always been self-conscious about its responsibility to educate about source material, and in this case they could have said, or should have said, 'We edited this image in the following way for the following reasons,' " she said. "If you don't have transparency and integrity in government documents, democracy doesn't function.""

Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO; Intellectual Property Watch, December 11, 2018

Catherine Saez, Intellectual Property Watch; Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO

"The three panellists mentioned the importance of the United Nations Declarations on the Rights of Indigenous Peoples [pdf], and in particular Article 31, which asserts the right of indigenous peoples to maintain, control, protect and develop their cultural heritage, TK and TCEs,  and the right to maintain, control, protect and develop their intellectual property over their cultural heritage, TK, and TCEs.

Commenting on the Zia case, June Lorenzo, a lawyer advocating in tribal and domestic courts and legislative and international human rights bodies, said in the late 1890s, Zia was at a very vulnerable point, as many other tribes were. A number of archaeologists came and took “what they could because they thought we were going to disappear as a civilisation,” she said, noting that the stolen pot was repatriated in 2000 or 2002.

In 1925, when the Zia symbol was adopted by the state of New Mexico, the Zia were not even considered as citizens of the United States, she said, and could not vote. “So the idea that they should have objected to this [ the use of the symbol] in 1925 … is just absurd.”"

Einstein’s ‘God Letter,’ a Viral Missive From 1954; The New York Times, December 2, 2018

James Barron, The New York Times;
Einstein’s ‘God Letter,’ a Viral Missive From 1954

[Kip Currier: This article is interesting in and of itself, but as someone teaching IP, where we frequently look at issues of digitization, I was especially intrigued to learn about the ongoing Einstein Papers Project. Knowing how phenomenally useful Cambridge University's Darwin Correspondence Project's digitized letters were for my own dissertation research exploring Charles Darwin's information behaviors, I can imagine the treasure trove of insights relevant to many disciplines that will be gleaned--and now made accessible to diverse worldwide users--from Einstein's digitized writings.

These kinds of massive "knowledge access for the public good" projects (--like Harvard's recently inaugurated Caselaw Access Project) are commendable exemplars of the positive intersections that technology, academic scholarship, and research institutions like CalTech and Cambridge can promote and achieve on behalf of global audiences.]

"Diana L. Kormos-Buchwald, a professor of history at the California Institute of Technology and the director of the Einstein Papers Project, said that Einstein was “not particularly thrilled at the special place that Gutkind devotes to Einstein’s science as the — how shall we put it — the best example of Jewish deterministic thought.”"

Cady Noland Sues Three Galleries for Copyright Infringement Over Disavowed Log Cabin Sculpture; artnetnews, July 21, 2017

Julia Halperin & Eileen Kinsella, artnetnews; Cady Noland Sues Three Galleries for Copyright Infringement Over Disavowed Log Cabin Sculpture

"How much can you conserve an artwork before it becomes something entirely different?

This question is at the heart of a lawsuit filed in New York earlier this week by the artist Cady Noland. She claims that a collector and a group of dealers infringed her copyright by hiring a conservator to repair her sculpture Log Cabin (1990) without consulting her. The repair, Noland says, went way beyond the bounds of normal conservation."

I am an Arctic researcher. Donald Trump is deleting my citations; Guardian, March 28, 2017

Victoria Hermann, Guardian; 

I am an Arctic researcher. Donald Trump is deleting my citations

"The consequences of vanishing citations, however, pose a far more serious consequence than website updates. Each defunct page is an effort by the Trump administration to deliberately undermine our ability to make good policy decisions by limiting access to scientific evidence.

We’ve seen this type of data strangling before.

Just three years ago, Arctic researchers witnessed another world leader remove thousands of scientific documents from the public domain. In 2014, then Canadian prime minister Stephen Harper closed 11 department of fisheries and oceans regional libraries, including the only Arctic center. Hundreds of reports and studies containing well over a century of research were destroyed in that process – a historic loss from which we still have not recovered. 

These back-to-back data deletions come at a time when the Arctic is warming twice as fast as the global average. Just this week, it was reported that the Arctic’s winter sea ice dropped to its lowest level in recorded history. The impacts of a warming, ice-free Arctic are already clear: a decline in habitat for polar bears and other Arctic animals; increases in coastal erosion that force Alaskans to abandon their homes; and the opening up of shipping routes with unpredictable conditions and hazardous icebergs. 

In a remote region where data is already scarce, we need publicly available government guidance and records now more than ever before. It is hard enough for modern Arctic researchers to perform experiments and collect data to fill the gaps left by historic scientific expeditions. While working in one of the most physically demanding environments on the planet, we don’t have time to fill new data gaps created by political malice."

THE LIBRARIAN OF CONGRESS AND THE GREATNESS OF HUMILITY; New Yorker, February 19, 2017

Sarah Larson, New Yorker; 

THE LIBRARIAN OF CONGRESS AND THE GREATNESS OF HUMILITY

"The new Librarian of Congress, Dr. Carla Hayden, is highly motivated to make this library, and all libraries, a favorite object of the people. Hayden is the first person of color, and the first woman, to lead the Library of Congress; she is also the first actual librarian to lead it since 1974. Her predecessor, Dr. James Billington, a distinguished Russia scholar appointed by Ronald Reagan, was beloved for his intellect but criticized for mismanagement; he neglected, for many years, to appoint a chief information officer, which was required by law, and he also didn’t use e-mail. Hayden, a former head of the American Library Association, revitalized and modernized Baltimore’s twenty-two-branch Enoch Pratt Free Library system. President Obama nominated her, in 2010, to be a member of the National Museum and Library Services Board, and, last year, to become Librarian of Congress...

Like many librarians, Hayden is a big believer in the rights of all people to educate themselves, and in the importance of open access to information online. (This inclusive spirit has become more urgent nationally in recent weeks: see “Libraries Are for Everyone,” a multilingual meme and poster campaign, created by a Nebraska librarian, Rebecca McCorkindale, to counter the forces of fake news and fearmongering.) In September, Hayden gave a swearing-in speech in which she described how black Americans “were once punished with lashes and worse for learning to read.” She said that, “as a descendent of people who were denied the right to read, to now have the opportunity to serve and lead the institution that is our national symbol of knowledge is a historic moment.”...

I thought of the drafts of Lincoln’s first Inaugural Address that a curator in the Inaugurations exhibit had shown me. Lincoln had originally ended his speech with a challenge to the South: “Shall it be peace or sword?” William Henry Seward had suggested an edit that pushed Lincoln toward a more conciliatory tone, and the phrase “guardian angel of the nation.” Lincoln turned that into the sublime “better angels of our nature,” an appeal to our common humanity. Our greatest President was also, possibly, our greatest reviser—a cutter and paster who questioned his imperfect ideas, accepted input, made them better, and kept all of his drafts, so that history could learn not just from his speeches but from the workings of his mind. The contents of the library, like Hayden herself, often directed my attention to the systems by which progress is made and recorded."

‘All of our federal data assets are currently at risk’ — here’s how people are trying to protect them; FedScoop, February 19, 2017

Samantha Ehlinger, FedScoop; 

‘All of our federal data assets are currently at risk’ — here’s how people are trying to protect them

"A group of coders, librarians, scientists, storytellers and others passionate about data came together at Georgetown University in Washington, D.C., this weekend to preserve federal data that some worry could disappear under different Trump administration priorities. The goal of the DataRescueDC event: store federal climate and environmental data that is “vulnerable under an administration that denies the fact of ongoing climate change.”

But while fear of losing federal scientific data during the Trump administration has galvanized work across the country to preserve reputable copies of key data, during Saturday’s events experts involved in the project said that it also highlights the need for creating an official infrastructure for safeguarding federal data.

“We talk a lot in this country about our failing infrastructure, and it’s really obvious when drinking water supplies are dangerous to the people who drink them. And it’s really obvious when a bridge collapses over the Mississippi river. But what was not really obvious, I think, until this juncture that we are now at is how incredible vulnerable our infrastructure for federal data is. Like, there isn’t one really. It’s totally just absent in many — in very powerful ways,” said Bethany Wiggin, founding director of the University of Pennsylvania Program in Environmental Humanities, which is facilitating Data Refuge."

Post-Gazette loses court fight to block state agencies from deleting emails; Pittsburgh Post-Gazette, 4/26/16

Pittsburgh Post-Gazette; Post-Gazette loses court fight to block state agencies from deleting emails:

"The Post-Gazette and other media outlets said the practice violated the due process rights of the public seeking records under the state’s Right-to-Know law.

The Commonwealth Court rejected the argument, saying the Right-to-Know law doesn’t have a record-retention requirement, doesn’t outlaw destruction of records and governs only whether existing records should be made public.

The Supreme Court affirmed the lower court and denied the paper’s request for an oral argument."

Unpublished Black History; New York Times, 2/1/16

Rachel L. Swarns, Darcy Eveleigh, and Damien Cave, New York Times; Unpublished Black History:

"Hundreds of stunning images from black history, drawn from old negatives, have long been buried in the musty envelopes and crowded bins of the New York Times archives.

None of them were published by The Times until now.

Were the photos — or the people in them — not deemed newsworthy enough? Did the images not arrive in time for publication? Were they pushed aside by words here at an institution long known as the Gray Lady?...

Every day during Black History Month, we will publish at least one of these photographs online, illuminating stories that were never told in our pages and others that have been mostly forgotten...

Many of these photographs, and their stories, are equally intriguing. But the collection is far from comprehensive. There are gaps, for many reasons."

Roger L. Mayer, Pioneer of Film Preservation, Dies at 88; New York Times, 3/29/15

Sam Roberts, New York Times; Roger L. Mayer, Pioneer of Film Preservation, Dies at 88:

"Roger L. Mayer, a film executive who was instrumental in preserving and restoring countless classic movies and who also courted controversy by coloring some black-and-white ones, died on Tuesday in Los Angeles. He was 88...

At the 2005 Oscar ceremonies in Hollywood, the director Martin Scorsese, a leading advocate of saving films, presented Mr. Mayer with the Academy of Motion Picture Arts and Sciences’ Jean Hersholt Humanitarian Award in recognition of his chairmanship of the National Film Preservation Foundation, which has rescued more than 2,100 “orphaned” movies that were abandoned by their copyright holders. He also served on the Library of Congress’s National Film Preservation Board, which each year chooses 25 of what it calls “culturally, historically or aesthetically significant films” worth safeguarding."

Google boss warns of 'forgotten century' with email and photos at risk; Guardian, 2/13/15

Ian Sample, Guardian; Google boss warns of 'forgotten century' with email and photos at risk:

"Researchers at Carnegie Mellon University in Pittsburgh have made headway towards a solution to bit rot, or at least a partial one. There, Mahadev Satyanarayanan takes digital snapshots of computer hard drives while they run different software programs. These can then be uploaded to a computer that mimics the one the software ran on. The result is a computer that can read otherwise defunct files. Under a project called Olive, the researchers have archived Mystery House, the original 1982 graphic adventure game for the Apple II, an early version of WordPerfect, and Doom, the original 1993 first person shooter game.

Inventing new technology is only half the battle, though. More difficult still could be navigating the legal permissions to copy and store software before it dies. When IT companies go out of business, or stop supporting their products, they may sell the rights on, making it a nightmarish task to get approval.

“To do this properly, the rights of preservation might need to be incorporated into our thinking about things like copyright and patents and licensing. We’re talking about preserving them for hundreds to thousands of years,” said Cerf."

Librarians Protest Canada Cutbacks; Chronicle of Higher Education via New York Times, 1/26/14

Karen Birchard and Jennifer Lewington, Chronicle of Higher Education via New York Times; Librarians Protest Canada Cutbacks:

"A move by the Canadian government to shrink the number of its departmental research libraries is drawing fire from some academics, who fear a loss of data and trained personnel and damage to the country’s ability to carry out research.

The closing of seven regional libraries in the Department of Fisheries and Oceans and the quiet elimination of more than two dozen libraries in other departments, might otherwise have passed largely unnoticed, given the modest cost savings...

Gail Shea, head of the Department of Fisheries and Oceans, or D.F.O., adamantly denied any book burning. “Our government values these collections and will continue to strongly support it by continuing to add new material on an ongoing basis,” she said in a statement. “All materials for which D.F.O. has copyright will be preserved by the department.”

Despite such assurances, some academic researchers and librarians remain skeptical.

“My overwhelming feeling is that we don’t know exactly what some of the ramifications are for my future research or other people’s research because of the nonsystematic way it has been done,” said John Reynolds, a professor of aquatic ecology at Simon Fraser University who uses federal government fisheries data on British Columbia streams for his study of salmon sustainability.

He questioned why the government had failed to publish an inventory of library materials before and after the downsizing, including documents not covered by copyright."