Jeremy Herb, Star Tribune; Justin Bieber: Klobuchar should be 'locked up' :
"A teen pop superstar wants to throw Sen. Amy Klobuchar in jail.
Pop sensation Justin Bieber said that he thought Klobuchar should be “locked up” for a bill she’s proposed that would make it a felony to profit from streaming unlicensed online content."
Monday, October 31, 2011
E-PARASITE Bill: 'The End Of The Internet As We Know It'; TechDirt.com, 10/27/11
Mike Masnick, TechDirt.com; E-PARASITE Bill: 'The End Of The Internet As We Know It' :
"We already wrote about the ridiculously bad E-PARASITE bill (the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act), but having now had a chance go to through the full bill a few more times, there are even more bad things in there that I missed on the first read-through. Now I understand why Rep. Zoe Lofgren's first reaction to this bill was to say that "this would mean the end of the Internet as we know it."
She's right. The more you look at the details, the more you realize how this bill is an astounding wishlist of everything that the legacy entertainment gatekeepers have wanted in the law for decades and were unable to get. It effectively dismantles the DMCA's safe harbors, what's left of the Sony Betamax decision, puts massive liability on tons of US-based websites, and will lead to widespread blocking of websites and services based solely on accusations of some infringement. It's hard to overstate just how bad this bill is."
"We already wrote about the ridiculously bad E-PARASITE bill (the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act), but having now had a chance go to through the full bill a few more times, there are even more bad things in there that I missed on the first read-through. Now I understand why Rep. Zoe Lofgren's first reaction to this bill was to say that "this would mean the end of the Internet as we know it."
She's right. The more you look at the details, the more you realize how this bill is an astounding wishlist of everything that the legacy entertainment gatekeepers have wanted in the law for decades and were unable to get. It effectively dismantles the DMCA's safe harbors, what's left of the Sony Betamax decision, puts massive liability on tons of US-based websites, and will lead to widespread blocking of websites and services based solely on accusations of some infringement. It's hard to overstate just how bad this bill is."
A Store of Images, From a Time When ‘Cut and Paste’ Meant Just That; New York Times, 10/30/11
Noam Cohen, New York Times; A Store of Images, From a Time When ‘Cut and Paste’ Meant Just That:
"THE sign in blue lettering read “Copyright-Free Images,” which may not rank with “Zero Percent Financing” or “Everything Must Go” when it comes to sales pitches. But it does have “free” in it, and it was enough to catch my eye while visiting London."
"THE sign in blue lettering read “Copyright-Free Images,” which may not rank with “Zero Percent Financing” or “Everything Must Go” when it comes to sales pitches. But it does have “free” in it, and it was enough to catch my eye while visiting London."
Thursday, October 27, 2011
How to Reform Copyright; Chronicle of Higher Education, 10/9/11
Lewis Hyde, Chronicle of Higher Education; How to Reform Copyright:
"James Madison presumably wrote the clause in the Constitution that allows Congress to give copyrights to authors, but even Madison had his reservation. The founding fathers considered copyright a "monopoly privilege" and, as Madison later wrote, "Monopolies ... ought to be granted with caution ... ." Two concerns lay behind that wariness. For the founders, both democratic self-governance and the conversation of creative communities demanded very low barriers to the circulation of knowledge and, therefore, strict restraint of monopoly privileges. Thus does the Constitution stipulate that copyrights be granted only for "limited times." "A temporary monopoly ... ought to be temporary," Madison declared. "Perpetual monopolies of every sort are forbidden ... by the genius of free Governments."
All that has changed, of course, the term of copyright now being statistically almost indistinguishable from a perpetual grant. How might that be corrected? How might we return to something more in line with the founders' caution and closer to their vision of both democracy and creativity?
Consider one proposal."
"James Madison presumably wrote the clause in the Constitution that allows Congress to give copyrights to authors, but even Madison had his reservation. The founding fathers considered copyright a "monopoly privilege" and, as Madison later wrote, "Monopolies ... ought to be granted with caution ... ." Two concerns lay behind that wariness. For the founders, both democratic self-governance and the conversation of creative communities demanded very low barriers to the circulation of knowledge and, therefore, strict restraint of monopoly privileges. Thus does the Constitution stipulate that copyrights be granted only for "limited times." "A temporary monopoly ... ought to be temporary," Madison declared. "Perpetual monopolies of every sort are forbidden ... by the genius of free Governments."
All that has changed, of course, the term of copyright now being statistically almost indistinguishable from a perpetual grant. How might that be corrected? How might we return to something more in line with the founders' caution and closer to their vision of both democracy and creativity?
Consider one proposal."
A National Digital Public Library Begins to Take Shape; Chronicle of Higher Education, 10/25/11
Jennifer Howard, Chronicle of Higher Education; A National Digital Public Library Begins to Take Shape:
"The Digital Public Library of America doesn't exist yet, but it's closer to becoming a reality.
At an energized meeting held here at the National Archives on Friday, representatives from top cultural institutions and public and research libraries expressed robust support for the proposed library, which would create a portal to allow the public to get easy online access to collections held at many different institutions."
"The Digital Public Library of America doesn't exist yet, but it's closer to becoming a reality.
At an energized meeting held here at the National Archives on Friday, representatives from top cultural institutions and public and research libraries expressed robust support for the proposed library, which would create a portal to allow the public to get easy online access to collections held at many different institutions."
The case for piracy; ABC, 10/20/11
Nick Ross, ABC; The case for piracy:
"We've been deluged with the arguments against piracy for years. But what's the other side of the story? Could it possibly be that copyright infringers and pirates aren't always the bad guys? Are copyright owners their own worst enemy? Judge for yourself and tell us what you think."
"We've been deluged with the arguments against piracy for years. But what's the other side of the story? Could it possibly be that copyright infringers and pirates aren't always the bad guys? Are copyright owners their own worst enemy? Judge for yourself and tell us what you think."
U.S. Copyright Office Outlines "Priorities and Special Projects"; Publishers Weekly, 10/26/11
Andrew Albanese, Publishers Weekly; U.S. Copyright Office Outlines "Priorities and Special Projects" :
"Orphan works, preservation for libraries, mass digitization, and fighting digital piracy are among the priorities set by the Register of Copyrights Maria A. Pallante this week in a paper outlining the U.S. Copyyright Office's "priorities and special projects" for the next two years. In all, the paper articulates 17 priorities in the areas of copyright policy and administrative practice, and 10 "new projects" designed to "improve the quality and efficiency" of the U.S. Copyright Office’s services in the 21st century. The paper also summarizes the state of global policy, including U.S. trade negotiations, anti-piracy efforts and international discussions of exceptions and limitations."
"Orphan works, preservation for libraries, mass digitization, and fighting digital piracy are among the priorities set by the Register of Copyrights Maria A. Pallante this week in a paper outlining the U.S. Copyyright Office's "priorities and special projects" for the next two years. In all, the paper articulates 17 priorities in the areas of copyright policy and administrative practice, and 10 "new projects" designed to "improve the quality and efficiency" of the U.S. Copyright Office’s services in the 21st century. The paper also summarizes the state of global policy, including U.S. trade negotiations, anti-piracy efforts and international discussions of exceptions and limitations."
Sylvester Stallone faces lawsuit over Expendables plot; Guardian, 10/27/11
Henry Barnes, Guardian; Sylvester Stallone faces lawsuit over Expendables plot:
"Sylvester Stallone is facing a lawsuit from a writer who claims the actor stole the plot for ensemble action blockbuster The Expendables from a short story he filed with the US copyright office in 2006."
"Sylvester Stallone is facing a lawsuit from a writer who claims the actor stole the plot for ensemble action blockbuster The Expendables from a short story he filed with the US copyright office in 2006."
The Digital Death of Copyright's First Sale Doctrine; Freedom to Tinker, 10/11/11
Annemarie Bridy, Freedom to Tinker; The Digital Death of Copyright's First Sale Doctrine:
"As the transition from physical to streaming or cloud-based digital distribution continues, further divorcing copyrighted works from their traditional tangible embodiments, it will increasingly be the case that consumers do not own the information goods they buy (or, rather, think they've bought). Under the court's decision in Vernor, all a copyright owner has to do to effectively repeal the statutory first sale doctrine is draft a EULA that (1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the software; and (3) imposes notable use restrictions."
"As the transition from physical to streaming or cloud-based digital distribution continues, further divorcing copyrighted works from their traditional tangible embodiments, it will increasingly be the case that consumers do not own the information goods they buy (or, rather, think they've bought). Under the court's decision in Vernor, all a copyright owner has to do to effectively repeal the statutory first sale doctrine is draft a EULA that (1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the software; and (3) imposes notable use restrictions."
Saturday, October 22, 2011
Rihanna and David LaChapelle settle lawsuit over S&M video; Guardian, 10/20/11
Sean Michaels, Guardian; Rihanna and David LaChapelle settle lawsuit over S&M video:
"Rihanna has settled a lawsuit from photographer David LaChapelle, who accused her of copying his photographs for one of her music videos. Earlier this summer, LaChappelle won the right to go to trial to contest the singer's alleged use of his Italian Vogue images in the video for her song S&M...
Although Rihanna's lawyers claimed LaChapelle was "trying to monopolise a whole genre" of sadomasochistic images, Scheindlin dismissed the issue of fair use."
"Rihanna has settled a lawsuit from photographer David LaChapelle, who accused her of copying his photographs for one of her music videos. Earlier this summer, LaChappelle won the right to go to trial to contest the singer's alleged use of his Italian Vogue images in the video for her song S&M...
Although Rihanna's lawyers claimed LaChapelle was "trying to monopolise a whole genre" of sadomasochistic images, Scheindlin dismissed the issue of fair use."
Kanye West, Jay-Z Sued Over Uncleared 'Throne' Sample; Billboard, 10/18/11
Eriq Gardner, Billboard; Kanye West, Jay-Z Sued Over Uncleared 'Throne' Sample:
"Syl Johnson, a respected musician who created many successful blues and soul songs in the 1960s and 1970s, has filed a lawsuit against hip hop superstars Kanye West and Jay-Z over an allegedly uncleared sample on the duo's latest album, "Watch the Throne.""
"Syl Johnson, a respected musician who created many successful blues and soul songs in the 1960s and 1970s, has filed a lawsuit against hip hop superstars Kanye West and Jay-Z over an allegedly uncleared sample on the duo's latest album, "Watch the Throne.""
Wednesday, October 12, 2011
[Op-Ed] The Public Domain; New York Times, 10/11/11
[Op-Ed] New York Times; The Public Domain:
"Copyright gives writers and others the incentive to create by giving them exclusive right to their work. But Congress’s power to grant copyright is limited in time and scope so that works can move into the public domain, where they become an essential part of our culture. The government must find other ways to comply with the trade treaty without curbing free expression."
"Copyright gives writers and others the incentive to create by giving them exclusive right to their work. But Congress’s power to grant copyright is limited in time and scope so that works can move into the public domain, where they become an essential part of our culture. The government must find other ways to comply with the trade treaty without curbing free expression."
Saturday, October 8, 2011
Kookaburra Sitting Pretty in That Old Gum Tree as Court Upholds Copyright Ruling; New York Times, 10/7/11
James C. McKinley, Jr., New York Times; Kookaburra Sitting Pretty in That Old Gum Tree as Court Upholds Copyright Ruling:
"Men at Work, the Australian rock band, lost its final bid Friday to overturn a court ruling that it had stolen a flute riff on its 1980s hit “Down Under” from a children’s song, The Associated Press reported."
"Men at Work, the Australian rock band, lost its final bid Friday to overturn a court ruling that it had stolen a flute riff on its 1980s hit “Down Under” from a children’s song, The Associated Press reported."
Copyright Law Challenged; Wall Street Journal, 10/6/11
Jess Bravin, Wall Street Journal; Copyright Law Challenged:
"The potential stakes are huge, and again pit old industry against new...
Solicitor General Donald Verrilli, defending the law, said it brought the U.S. into a convention that can protect American intellectual property abroad and amounted to "the price of admission to the international system."
Several justices, however, doubted that taking books and music by long-dead authors out of the public domain could promote the "progress" the Constitution sought to spur through copyright.
Justice Stephen Breyer, who dissented from the 2003 domestic-copyright case, said the government's position could undermine scholarship and preservation if researchers end up being forced to hire lawyers to track down owners or risk ignoring the law.
He cited the example of a group that seeks to preserve and publish Jewish music from the early 20th century but because the Nazis destroyed Eastern Europe's Jewish communities cannot identify the copyright owners."
"The potential stakes are huge, and again pit old industry against new...
Solicitor General Donald Verrilli, defending the law, said it brought the U.S. into a convention that can protect American intellectual property abroad and amounted to "the price of admission to the international system."
Several justices, however, doubted that taking books and music by long-dead authors out of the public domain could promote the "progress" the Constitution sought to spur through copyright.
Justice Stephen Breyer, who dissented from the 2003 domestic-copyright case, said the government's position could undermine scholarship and preservation if researchers end up being forced to hire lawyers to track down owners or risk ignoring the law.
He cited the example of a group that seeks to preserve and publish Jewish music from the early 20th century but because the Nazis destroyed Eastern Europe's Jewish communities cannot identify the copyright owners."
In Supreme Court Argument, a Rock Legend Plays a Role; New York Times, 10/5/11
Adam Liptak, New York Times; In Supreme Court Argument, a Rock Legend Plays a Role:
"Jimi Hendrix made an appearance at the Supreme Court on Wednesday in an argument over whether Congress acted constitutionally in 1994 by restoring copyright protection to foreign works that had once been in the public domain. The affected works included films by Alfred Hitchcock and Federico Fellini, books by C. S. Lewis and Virginia Woolf, symphonies by Prokofiev and Stravinsky and paintings by Picasso.
The suit challenging the law was brought by orchestra conductors, teachers and film archivists who say they had relied for years on the free availability of such works."
"Jimi Hendrix made an appearance at the Supreme Court on Wednesday in an argument over whether Congress acted constitutionally in 1994 by restoring copyright protection to foreign works that had once been in the public domain. The affected works included films by Alfred Hitchcock and Federico Fellini, books by C. S. Lewis and Virginia Woolf, symphonies by Prokofiev and Stravinsky and paintings by Picasso.
The suit challenging the law was brought by orchestra conductors, teachers and film archivists who say they had relied for years on the free availability of such works."
[Op Ed] Will Copyright Stifle Hollywood?; New York Times, 10/4/11
[Op Ed] David Decherney, New York Times; Will Copyright Stifle Hollywood? :
"The Supreme Court is scheduled to hear arguments today in Golan v. Holder, a case challenging the copyright provision of the 1994 act. There are many reasons the justices should conclude that Congress went too far in altering the copyright system."
"The Supreme Court is scheduled to hear arguments today in Golan v. Holder, a case challenging the copyright provision of the 1994 act. There are many reasons the justices should conclude that Congress went too far in altering the copyright system."
Sunday, October 2, 2011
NinjaVideo "queen" cops to copyright infringement, admits $200,000 in earnings; ArsTechnica.com, 9/30/11
Timothy Lee, ArsTechnica.com; NinjaVideo "queen" cops to copyright infringement, admits $200,000 in earnings:
"Hana Beshara, the co-founder and public face of the NinjaVideo movie-sharing site, has agreed to plead guilty to conspiracy and criminal copyright infringement. Each count carries a sentence of up to five years in prison.
According to the government, Beshara has admitted to personally earning more than $200,000 from operating the site, and she has agreed to forfeit assets seized by Immigration and Customs Enforcement last year."
"Hana Beshara, the co-founder and public face of the NinjaVideo movie-sharing site, has agreed to plead guilty to conspiracy and criminal copyright infringement. Each count carries a sentence of up to five years in prison.
According to the government, Beshara has admitted to personally earning more than $200,000 from operating the site, and she has agreed to forfeit assets seized by Immigration and Customs Enforcement last year."
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."
"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."
Princeton U. Adopts Open-Access Policy; Chronicle of Higher Education, 9/29/11
Jennifer Howard, Chronicle of Higher Education; Princeton U. Adopts Open-Access Policy:
"The movement to make research freely available got a high-profile boost this week with the news that Princeton University’s faculty has unanimously adopted an open-access policy. “The principle of open access is consistent with the fundamental purposes of scholarship,” said the faculty advisory committee that proposed the resolution.
The decision puts the university in line with Harvard University, the Massachusetts Institute of Technology, and a growing number of other institutions with policies that encourage or require researchers to post open copies of their articles, usually in an institutional repository. Unpublished drafts, books, lecture notes, etc., are not included in the Princeton policy, which gives the university a “nonexclusive right” to make copies of its faculty’s scholarly journal articles publicly available."
"The movement to make research freely available got a high-profile boost this week with the news that Princeton University’s faculty has unanimously adopted an open-access policy. “The principle of open access is consistent with the fundamental purposes of scholarship,” said the faculty advisory committee that proposed the resolution.
The decision puts the university in line with Harvard University, the Massachusetts Institute of Technology, and a growing number of other institutions with policies that encourage or require researchers to post open copies of their articles, usually in an institutional repository. Unpublished drafts, books, lecture notes, etc., are not included in the Princeton policy, which gives the university a “nonexclusive right” to make copies of its faculty’s scholarly journal articles publicly available."
On the Docket; New York Times, 10/1/11
New York Times; On the Docket:
"The Supreme Court, which returns to the bench on Monday, has so far agreed to hear about 50 cases, including ones on criminal and copyright law, the First Amendment and foreign affairs...
Golan v. Holder, No. 10-545
LOWER COURT DECISION The United States Court of Appeals for the 10th Circuit, in Denver, upheld a federal law that provided copyright protection to works that had entered the public domain, rejecting a challenge from orchestra conductors, teachers and film archivists now unable to use what had once been freely available materials.
QUESTION PRESENTED Whether the First Amendment and the Constitution’s copyright clause prohibit Congress from taking works out of the public domain."
"The Supreme Court, which returns to the bench on Monday, has so far agreed to hear about 50 cases, including ones on criminal and copyright law, the First Amendment and foreign affairs...
Golan v. Holder, No. 10-545
LOWER COURT DECISION The United States Court of Appeals for the 10th Circuit, in Denver, upheld a federal law that provided copyright protection to works that had entered the public domain, rejecting a challenge from orchestra conductors, teachers and film archivists now unable to use what had once been freely available materials.
QUESTION PRESENTED Whether the First Amendment and the Constitution’s copyright clause prohibit Congress from taking works out of the public domain."
Court Allows Richard Prince to Appeal Copyright Decision; New York Times, 9/15/11
Randy Kennedy, New York Times; Court Allows Richard Prince to Appeal Copyright Decision:
"In a closely watched visual-arts copyright case, a federal appeals court ruled on Wednesday to permit an appeal by the artist Richard Prince, who was found in March by a lower court to have unlawfully used images by a French photographer to create a series of collages and paintings."
"In a closely watched visual-arts copyright case, a federal appeals court ruled on Wednesday to permit an appeal by the artist Richard Prince, who was found in March by a lower court to have unlawfully used images by a French photographer to create a series of collages and paintings."
Friday, September 16, 2011
Judge Sets Schedule in Case Over Google’s Digital Library; New York Times, 9/15/11
Julie Bosman, New York times; Judge Sets Schedule in Case Over Google’s Digital Library:
"Google’s plan to build a huge digital library remained stalled on Thursday when a federal judge set a proposed schedule for a lawsuit against the giant search company that could take the case to trial next year."
"Google’s plan to build a huge digital library remained stalled on Thursday when a federal judge set a proposed schedule for a lawsuit against the giant search company that could take the case to trial next year."
Wednesday, September 14, 2011
In Authors' Suit Against Libraries, an Attempt to Wrest Back Some Control Over Digitized Works; Chronicle of Higher Education, 9/14/11
Jennifer Howard, Chronicle of Higher Education; In Authors' Suit Against Libraries, an Attempt to Wrest Back Some Control Over Digitized Works:
"The copyright-infringement lawsuit brought on Monday by the Authors Guild and others against the HathiTrust digital repository, the University of Michigan, and four other universities could have a major impact on research libraries and the fate of millions of book scans created by recent mass-digitizing efforts. The plaintiffs seek to take control of those files out of the hands of libraries until Congress establishes guidelines for the use of digital libraries and orphan works—those that are subject to copyright but whose rights holders can't be identified or located.
But Paul Courant, dean of libraries at Michigan, said the libraries and the trust are in the right and will go on with their work."
"The copyright-infringement lawsuit brought on Monday by the Authors Guild and others against the HathiTrust digital repository, the University of Michigan, and four other universities could have a major impact on research libraries and the fate of millions of book scans created by recent mass-digitizing efforts. The plaintiffs seek to take control of those files out of the hands of libraries until Congress establishes guidelines for the use of digital libraries and orphan works—those that are subject to copyright but whose rights holders can't be identified or located.
But Paul Courant, dean of libraries at Michigan, said the libraries and the trust are in the right and will go on with their work."
Tuesday, September 13, 2011
Lawsuit Seeks the Removal of a Digital Book Collection; New York Times, 12/12/11
Julie Bosman, New York Times; Lawsuit Seeks the Removal of a Digital Book Collection:
"James Grimmelmann, an associate professor of law at New York Law School who has closely followed the Google lawsuit, said that a settlement in that case would have provided a framework to decide which use of the libraries’ books was permitted.
“They chose now to go after the libraries in part because of the posting of books online,” he said. “And in part because the Google books settlement has fallen apart.”"
"James Grimmelmann, an associate professor of law at New York Law School who has closely followed the Google lawsuit, said that a settlement in that case would have provided a framework to decide which use of the libraries’ books was permitted.
“They chose now to go after the libraries in part because of the posting of books online,” he said. “And in part because the Google books settlement has fallen apart.”"
Authors Guild Sues HathiTrust and 5 Universities Over Digitized Books; Chronicle of Higher Education, 9/12/11
Chronicle of Higher Education; Authors Guild Sues HathiTrust and 5 Universities Over Digitized Books:
"The Authors Guild, the Australian Society of Authors, a Canadian writers’ union, and eight individual authors are suing HathiTrust and five universities for copyright infringement, the guild announced on Monday afternoon."
"The Authors Guild, the Australian Society of Authors, a Canadian writers’ union, and eight individual authors are suing HathiTrust and five universities for copyright infringement, the guild announced on Monday afternoon."
Musicians win copyright extension to 70 years; Guardian, 9/12/11
Josh Halliday, Guardian; Musicians win copyright extension to 70 years:
"Thousands of music performers, from little-known session musicians to Sir Cliff Richard, will receive royalties from songs released in the 60s for an extra 20 years, under new copyright laws ratified by the EU on Monday.
The legislation – known as "Cliff's law" after its most high-profile campaigner – extends copyright on music recordings from 50 years to 70 years."
"Thousands of music performers, from little-known session musicians to Sir Cliff Richard, will receive royalties from songs released in the 60s for an extra 20 years, under new copyright laws ratified by the EU on Monday.
The legislation – known as "Cliff's law" after its most high-profile campaigner – extends copyright on music recordings from 50 years to 70 years."
Thursday, September 8, 2011
IFRRO: Collective Management For Orphan Works; Intellectual Property Watch, 9/8/11
Intellectual Property Watch; IFRRO: Collective Management For Orphan Works:
"The International Federation of Reproduction Rights Organisations (IFRRO) has submitted comments on the proposed European Union directive on orphan works, which aims to increase legal certainty for use of creative works whose copyright holders cannot be found. The group, which represents collective management organisations, authors and publishers, called for collective management and licensing for orphan works."
"The International Federation of Reproduction Rights Organisations (IFRRO) has submitted comments on the proposed European Union directive on orphan works, which aims to increase legal certainty for use of creative works whose copyright holders cannot be found. The group, which represents collective management organisations, authors and publishers, called for collective management and licensing for orphan works."
Michael Hart, Project Gutenberg's e-book loving founder, passes away; ArsTechnica.com, 9/8/11
Nate Anderson, ArsTechnica.com; Michael Hart, Project Gutenberg's e-book loving founder, passes away:
"Michael Hart, the founder of Project Gutenberg, has died at his home in Urbana, Illinois at the age of 64. The project he started back in 1971 lives on, however, producing quality public domain texts now readable on devices that could only have been imagined when Project Gutenberg began."
"Michael Hart, the founder of Project Gutenberg, has died at his home in Urbana, Illinois at the age of 64. The project he started back in 1971 lives on, however, producing quality public domain texts now readable on devices that could only have been imagined when Project Gutenberg began."
HathiTrust's Growth Strategy: Full-Text Search Coming to WorldCat and EBSCO Discovery Service; Library Journal, 9/8/11
David Rapp, Library Journal; HathiTrust's Growth Strategy: Full-Text Search Coming to WorldCat and EBSCO Discovery Service:
"Today, in separate announcements, OCLC and EBSCO both unveiled plans to integrate full-text HathiTrust search capability into WorldCat and EBSCO Discovery Service (EDS), respectively. Once implemented, the deals will make the full texts of all of the 9.5 million-plus works in the digital repository searchable by some of the most widely used discovery tools—and greatly expand the accessibility of the massive HathiTrust corpus."
"Today, in separate announcements, OCLC and EBSCO both unveiled plans to integrate full-text HathiTrust search capability into WorldCat and EBSCO Discovery Service (EDS), respectively. Once implemented, the deals will make the full texts of all of the 9.5 million-plus works in the digital repository searchable by some of the most widely used discovery tools—and greatly expand the accessibility of the massive HathiTrust corpus."
JSTOR Announces Free Access to 500K Public Domain Journal Articles; Library Journal, 9/7/11
David Rapp, Library Journal; JSTOR Announces Free Access to 500K Public Domain Journal Articles:
"The JSTOR journal archive announced today that it is making nearly 500,000 public domain journal articles from more than 220 journals—or about six percent of JSTOR's total content—freely available for use by "anyone, without registration and regardless of institutional affiliation."
The material, entitled Early Journal Content, will be rolled out in batches starting today over the course of one week. It includes content published in the United States before 1923 and international content published before 1870, which ensures that all the content is firmly in the public domain."
"The JSTOR journal archive announced today that it is making nearly 500,000 public domain journal articles from more than 220 journals—or about six percent of JSTOR's total content—freely available for use by "anyone, without registration and regardless of institutional affiliation."
The material, entitled Early Journal Content, will be rolled out in batches starting today over the course of one week. It includes content published in the United States before 1923 and international content published before 1870, which ensures that all the content is firmly in the public domain."
Still A Long Way To Go For Anti-Counterfeiting Trade Agreement; Intellectual Property Watch, 9/8/11
Monika Ermert, Intellectual Property Watch; Still A Long Way To Go For Anti-Counterfeiting Trade Agreement:
"The Anti-Counterfeiting Trade Agreement negotiated last year will be open for signature for two years, until the first of May 2013. But while this looks like a long time, it likely will be needed by the 37 negotiating governments (including the United States, Japan, South Korea and the 27 European Union members) to iron out problems on their way to implementing what some rights owners welcomed as a possible new “gold standard” for the enforcement of intellectual property rights."
"The Anti-Counterfeiting Trade Agreement negotiated last year will be open for signature for two years, until the first of May 2013. But while this looks like a long time, it likely will be needed by the 37 negotiating governments (including the United States, Japan, South Korea and the 27 European Union members) to iron out problems on their way to implementing what some rights owners welcomed as a possible new “gold standard” for the enforcement of intellectual property rights."
Monday, September 5, 2011
The Common Sense of the Fair-Use Doctrine; Chronicle of Higher Education, 8/21/11
Pat Aufderheide, Chronicle of Higher Education; The Common Sense of the Fair-Use Doctrine:
"The right of scholars to use unlicensed material for research and publication purposes is clear under the U.S. doctrine of fair use. Fair use—a broad, flexible part of copyright policy determined on a case-by-case basis—permits users to repurpose, or transform, an appropriate amount of original material. If it's so easy, why are so many smart people so scared of fair use? In the work that the legal scholar Peter Jaszi and I have done since 2004, and have synthesized in our new book, Reclaiming Fair Use, we have seen members of many professional and creative communities express that same anxiety. And we believe we understand why: They lack a common-sense understanding of their rights."
"The right of scholars to use unlicensed material for research and publication purposes is clear under the U.S. doctrine of fair use. Fair use—a broad, flexible part of copyright policy determined on a case-by-case basis—permits users to repurpose, or transform, an appropriate amount of original material. If it's so easy, why are so many smart people so scared of fair use? In the work that the legal scholar Peter Jaszi and I have done since 2004, and have synthesized in our new book, Reclaiming Fair Use, we have seen members of many professional and creative communities express that same anxiety. And we believe we understand why: They lack a common-sense understanding of their rights."
O.K., Downloaders, Let’s Try This Song Again; New York Times, 9/3/11
Janet Morrissey, New York Times; O.K., Downloaders, Let’s Try This Song Again:
"Still, Qtrax is relying primarily on the ads linked to the music player to finance licensing fees and to make the company profitable — a business model that many industry experts are skeptical can work. They point to previous hopefuls like Napster, which was sued by the record labels over copyright laws and is now a shadow of its former self (and now charges subscription fees for music) and to SpiralFrog and Ruckus, which had some backing from the major labels but collapsed after failing to raise enough cash to cover royalties to the record companies."
"Still, Qtrax is relying primarily on the ads linked to the music player to finance licensing fees and to make the company profitable — a business model that many industry experts are skeptical can work. They point to previous hopefuls like Napster, which was sued by the record labels over copyright laws and is now a shadow of its former self (and now charges subscription fees for music) and to SpiralFrog and Ruckus, which had some backing from the major labels but collapsed after failing to raise enough cash to cover royalties to the record companies."
Wednesday, August 31, 2011
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."
"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."
UK Copyright Modernisation Effort Picks Up Steam; Intellectual Property Watch, 8/31/11
Dugie Standeford, Intellectual Property Watch; UK Copyright Modernisation Effort Picks Up Steam:
"Efforts to modernise Britain’s creaking copyright regime sped up over the summer as the government accepted recommendations for major changes to the system, Parliament opened an inquiry into the matter, and the Intellectual Property Office said updating the rules could significantly boost the UK economy."
"Efforts to modernise Britain’s creaking copyright regime sped up over the summer as the government accepted recommendations for major changes to the system, Parliament opened an inquiry into the matter, and the Intellectual Property Office said updating the rules could significantly boost the UK economy."
The Copyright Nightmare of "I Have a Dream"; Mother Board, 8/29/11
Alex Pasternack, Mother Board; The Copyright Nightmare of "I Have a Dream" :
"At the family’s Web site, videotapes and audiotapes of the speech can be purchased for $10 a piece. The family controls the copyright of the speech for 70 years after King’s death, in 2038.
Until then, you’ll most likely have an easier finding ABBA’s version of “I Have a Dream” than King’s."
"At the family’s Web site, videotapes and audiotapes of the speech can be purchased for $10 a piece. The family controls the copyright of the speech for 70 years after King’s death, in 2038.
Until then, you’ll most likely have an easier finding ABBA’s version of “I Have a Dream” than King’s."
[Press Release] Universities Band Together To Join Orphan Works Project; Cornell University Library, 8/24/11
[Press Release] Cornell University Library; Universities Band Together To Join Orphan Works Project:
"Leaders at Cornell, Duke, Emory and Johns Hopkins universities jointly announced today that they would begin making the full text of thousands of “orphan works” in their library collections digitally accessible to students, faculty and researchers at their own institutions."
"Leaders at Cornell, Duke, Emory and Johns Hopkins universities jointly announced today that they would begin making the full text of thousands of “orphan works” in their library collections digitally accessible to students, faculty and researchers at their own institutions."
Monday, August 29, 2011
Legislator Calls for Clarifying Copyright Law; New York Times, 8/28/11
Larry Rohter, New York Times; Legislator Calls for Clarifying Copyright Law:
"Arguing that Congress has an obligation “to preserve fairness and justice for artists,” the senior Democrat on the House Judiciary Committee has called for a revision of United States copyright law to remove ambiguities in the current statute about who is eligible to reclaim ownership rights to songs and sound recordings.
“For too long the work of musicians has been used to create enormous profits for record labels, radio stations and others, without fairly distributing these profits to the artists,” said Representative John Conyers Jr. of Michigan, who was chairman of the committee until January."
"Arguing that Congress has an obligation “to preserve fairness and justice for artists,” the senior Democrat on the House Judiciary Committee has called for a revision of United States copyright law to remove ambiguities in the current statute about who is eligible to reclaim ownership rights to songs and sound recordings.
“For too long the work of musicians has been used to create enormous profits for record labels, radio stations and others, without fairly distributing these profits to the artists,” said Representative John Conyers Jr. of Michigan, who was chairman of the committee until January."
Friday, August 26, 2011
In France, Publisher and Google Reach Deal; New York Times, 8/25/11
Eric Pfanner, New York Times; In France, Publisher and Google Reach Deal:
"A second French publisher has reached a deal on digital books with Google to settle a copyright lawsuit in exchange for control over how its out-of-print, copyright-protected works are scanned and sold."
"A second French publisher has reached a deal on digital books with Google to settle a copyright lawsuit in exchange for control over how its out-of-print, copyright-protected works are scanned and sold."
Wednesday, August 17, 2011
$600K Grant to Fund Indiana University-Led HathiTrust Text-Mining Project; Library Journal, 8/12/11
David Rapp, Library Journal; $600K Grant to Fund Indiana University-Led HathiTrust Text-Mining Project:
"The Alfred P. Sloan Foundation has awarded a $600,000 grant to a project to be led by the Data to Insight Center (D2I) at Indiana University (IU), exploring ways of conducting secure "non-consumptive" research using copyrighted digital works in the HathiTrust repository."
"The Alfred P. Sloan Foundation has awarded a $600,000 grant to a project to be led by the Data to Insight Center (D2I) at Indiana University (IU), exploring ways of conducting secure "non-consumptive" research using copyrighted digital works in the HathiTrust repository."
A Village Person Tests the Copyright Law; New York Times, 8/16/11
Larry Rohter, New York Times; A Village Person Tests the Copyright Law:
"“This is totally different, and outside the scope of these termination rights issues,” said Stewart L. Levy, of the New York firm Eisenberg Tanchum & Levy, who is representing the publishing companies. “The Village People were a concept group, created by my clients, who picked the people and the costumes. It was probably no different than the Monkees when they started. We hired this guy. He was an employee, we gave them the material and a studio to record in and controlled what was recorded, where, what hours and what they did.”"
"“This is totally different, and outside the scope of these termination rights issues,” said Stewart L. Levy, of the New York firm Eisenberg Tanchum & Levy, who is representing the publishing companies. “The Village People were a concept group, created by my clients, who picked the people and the costumes. It was probably no different than the Monkees when they started. We hired this guy. He was an employee, we gave them the material and a studio to record in and controlled what was recorded, where, what hours and what they did.”"
Jack Kirby Estate Files Appeal in Marvel Superhero Lawsuit (Exclusive); Hollywood Reporter, 8/15/11
Matthew Belloni, Hollywood Reporter; Jack Kirby Estate Files Appeal in Marvel Superhero Lawsuit (Exclusive) :
"The estate of comic book legend Jack Kirby has appealed a U.S. District Court ruling tossing several key copyright claims against Marvel over such iconic characters as Thor, Iron Man, Incredible Hulk and others."
"The estate of comic book legend Jack Kirby has appealed a U.S. District Court ruling tossing several key copyright claims against Marvel over such iconic characters as Thor, Iron Man, Incredible Hulk and others."
Tuesday, August 16, 2011
Gunning for the copyright reformers; Guardian, 8/15/11
Frederic Filloux, Guardian; Gunning for the copyright reformers:
"The book's most spectacular deconstruction involves Lawrence Lessig. The Harvard law professor is one of the most outspoken opponents of tough copyright. For years, he's been criss-crossing the world delivering well-crafted, compelling presentations about the need to overhaul copyright. When, in 2007, Viacom sued YouTube for copyright infringement, seeking more than $1bn in damages, Lessig accused Viacom of trying to overturn the Digital Millennium Copyright Act. It was a de facto defense of Google by Lessig who at the time was head of the Center for Internet and Society at Stanford University. What Lessig failed to disclose is that two weeks after closing the deal to acquire YouTube, Google made a $2m donation to the Stanford Center, and a year later gave another $1.5m to Creative Commons, Lessig's most famous intellectual baby. To be fair, Levine told me he didn't believe Lessig's positions on copyright were influenced by the grants from Google."
"The book's most spectacular deconstruction involves Lawrence Lessig. The Harvard law professor is one of the most outspoken opponents of tough copyright. For years, he's been criss-crossing the world delivering well-crafted, compelling presentations about the need to overhaul copyright. When, in 2007, Viacom sued YouTube for copyright infringement, seeking more than $1bn in damages, Lessig accused Viacom of trying to overturn the Digital Millennium Copyright Act. It was a de facto defense of Google by Lessig who at the time was head of the Center for Internet and Society at Stanford University. What Lessig failed to disclose is that two weeks after closing the deal to acquire YouTube, Google made a $2m donation to the Stanford Center, and a year later gave another $1.5m to Creative Commons, Lessig's most famous intellectual baby. To be fair, Levine told me he didn't believe Lessig's positions on copyright were influenced by the grants from Google."
How the internet has all but destroyed the market for films, music and newspapers; Observer via Guardian, 8/14/11
Robert Levine, Observer via Guardian; How the internet has all but destroyed the market for films, music and newspapers:
"As pressure builds to enforce copyright law online, technology companies and the activists they support have started to argue that any attempt to block pirate sites will "break the internet", as though it were an iPhone teetering on the edge of a table. The truth is that the internet is broken already: it's simply too chaotic to provide the infrastructure for a 21st-century economy. This has to change, before newspapers and film suffer declines like that of the music industry. Technology companies have long lectured creators on the need to adapt to a changing changing digital world. It would be a shame if they couldn't heed their own advice.
Robert Levine is the author of Free Ride: How the Internet is Destroying the Culture Business and How the Culture Business can Fight Back"
"As pressure builds to enforce copyright law online, technology companies and the activists they support have started to argue that any attempt to block pirate sites will "break the internet", as though it were an iPhone teetering on the edge of a table. The truth is that the internet is broken already: it's simply too chaotic to provide the infrastructure for a 21st-century economy. This has to change, before newspapers and film suffer declines like that of the music industry. Technology companies have long lectured creators on the need to adapt to a changing changing digital world. It would be a shame if they couldn't heed their own advice.
Robert Levine is the author of Free Ride: How the Internet is Destroying the Culture Business and How the Culture Business can Fight Back"
Don Henley Urges Artists to Know Their Rights; New York Times, 8/16/11
Larry Rohter, New York Times; Don Henley Urges Artists to Know Their Rights:
"Q.[Larry Rohter] You and Sheryl Crow went to Washington back in 1999 and 2000 and convinced Congress to undo language classifying sound recordings as “works for hire,” which had just been inserted stealthily into another, unrelated bill. Back then, were you already looking ahead to today, when artists would have the right to reclaim ownership of their recordings, at the expense of record labels?
A. [Don Henley] The termination issue was certainly part of it. We were concerned with a lot of issues in recording contracts that we considered to be unfair, and this was one of the most glaring. We knew that 2013 was going to be a deadline, and that recordings from 1978 would be the first battle. But let’s go back and talk about the history of work for hire for a minute. “Work for hire” was never intended to apply to sound recordings. That came about because of movies and books. Sound recordings somehow got added to the list, then taken off again."
"Q.[Larry Rohter] You and Sheryl Crow went to Washington back in 1999 and 2000 and convinced Congress to undo language classifying sound recordings as “works for hire,” which had just been inserted stealthily into another, unrelated bill. Back then, were you already looking ahead to today, when artists would have the right to reclaim ownership of their recordings, at the expense of record labels?
A. [Don Henley] The termination issue was certainly part of it. We were concerned with a lot of issues in recording contracts that we considered to be unfair, and this was one of the most glaring. We knew that 2013 was going to be a deadline, and that recordings from 1978 would be the first battle. But let’s go back and talk about the history of work for hire for a minute. “Work for hire” was never intended to apply to sound recordings. That came about because of movies and books. Sound recordings somehow got added to the list, then taken off again."
Record Industry Braces for Artists’ Battles Over Song Rights; New York Times, 8/15/11
Larry Rohter, New York Times; Record Industry Braces for Artists’ Battles Over Song Rights:
"Congress passed the copyright law in 1976, specifying that it would go into effect on Jan. 1, 1978, meaning that the earliest any recording can be reclaimed is Jan. 1, 2013. But artists must file termination notices at least two years before the date they want to recoup their work, and once a song or recording qualifies for termination, its authors have five years in which to file a claim; if they fail to act in that time, their right to reclaim the work lapses."
"Congress passed the copyright law in 1976, specifying that it would go into effect on Jan. 1, 1978, meaning that the earliest any recording can be reclaimed is Jan. 1, 2013. But artists must file termination notices at least two years before the date they want to recoup their work, and once a song or recording qualifies for termination, its authors have five years in which to file a claim; if they fail to act in that time, their right to reclaim the work lapses."
Saturday, August 6, 2011
Universities Join Together to Support Open-Access Policies; Chronicle of Higher Education, Wired Campus, 8/2/11
Jennifer Howard, Chronicle of Higher Education, Wired Campus; Universities Join Together to Support Open-Access Policies:
"Today Kansas and 21 other universities and colleges announced that they’re joining forces to form the Coalition of Open Access Policy Institutions, or Coapi. The new group will “collaborate and share implementation strategies, and advocate on a national level,” it said in a statement. The group’s members so far include Arizona State, Columbia, Duke, Emory, Harvard, Oregon State, Stanford, and Trinity universities as well as the Massachusetts Institute of Technology and Oberlin College."
"Today Kansas and 21 other universities and colleges announced that they’re joining forces to form the Coalition of Open Access Policy Institutions, or Coapi. The new group will “collaborate and share implementation strategies, and advocate on a national level,” it said in a statement. The group’s members so far include Arizona State, Columbia, Duke, Emory, Harvard, Oregon State, Stanford, and Trinity universities as well as the Massachusetts Institute of Technology and Oberlin College."
Sunday, July 31, 2011
Court Ruling Says Marvel Holds Rights, Not an Artist; New York Times, 7/28/11
Michael Cieply, New York Times; Court Ruling Says Marvel Holds Rights, Not an Artist:
"The ruling, by Judge Colleen McMahon of the United States District Court for the Southern District of New York, declares comics and characters created by Mr. Kirby — who helped give birth to the Fantastic Four, the Incredible Hulk and the X-Men, all of which now underlie valuable movie series — were works for hire under the Copyright Act of 1909, and cannot be reclaimed by the Kirby family."
"The ruling, by Judge Colleen McMahon of the United States District Court for the Southern District of New York, declares comics and characters created by Mr. Kirby — who helped give birth to the Fantastic Four, the Incredible Hulk and the X-Men, all of which now underlie valuable movie series — were works for hire under the Copyright Act of 1909, and cannot be reclaimed by the Kirby family."
The Empire Strikes Out: Artist Prevails in British Suit Over ‘Star Wars’ Costumes; New York Times, 7/27/11
Dave Itzkoff, New York Times; The Empire Strikes Out: Artist Prevails in British Suit Over ‘Star Wars’ Costumes:
"BBC News reported that the Supreme Court in Britain, the highest court of appeal for civil cases in that country, ruled on Wednesday that the costume replicas created by Mr. Ainsworth were functional rather than artistic works and thus not fully subject to copyright laws."
"BBC News reported that the Supreme Court in Britain, the highest court of appeal for civil cases in that country, ruled on Wednesday that the costume replicas created by Mr. Ainsworth were functional rather than artistic works and thus not fully subject to copyright laws."
Mike Batt: my greatest mistake; Guardian, 7/29/11
Graham Snowdon, Guardian; Mike Batt: my greatest mistake:
"What I didn't fully appreciate was that I was signing a contract that offered me no money, no advance, not even a stipend to live on. Everything I wrote for five years would be theirs to publish on a 50:50 royalties basis. Nowadays you'd go 75:25 or 80:20 in favour of the writer. After that, they'd keep it for the full life of the copyright, 70 years after my death."
"What I didn't fully appreciate was that I was signing a contract that offered me no money, no advance, not even a stipend to live on. Everything I wrote for five years would be theirs to publish on a 50:50 royalties basis. Nowadays you'd go 75:25 or 80:20 in favour of the writer. After that, they'd keep it for the full life of the copyright, 70 years after my death."
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