Thursday, December 6, 2018
What Is Intellectual Property, and Does China Steal It?; Bloomberg, December 4, 2018
Grant Clark, Bloomberg; What Is Intellectual Property, and Does China Steal It?
Controlled Digital Lending Concept Gains Ground; Library Journal, November 15, 2018
Matt Enis, Library Journal; Controlled Digital Lending Concept Gains Ground
"A White Paper on Controlled Digital Lending of Library Books, by Courtney and coauthor David R. Hansen, associate university librarian for Research, Collections and Scholarly Communications, Duke University Libraries, was written in support of the position statement, and delves further into “the legal and policy rationales for the [CDL] process…as well as a variety of risk factors and practical considerations that can guide libraries seeking to implement such lending…. Our goal is to help libraries and their lawyers become more comfortable with the concept by more fully explaining the legal rationale for controlled digital lending, as well as situations in which this rationale is the strongest.”
The white paper notes that the Internet Archive’s “CDL-like” system has been in operation for eight years, and that the Georgetown Law Library operates a CDL service. But for the library field, the concept is still relatively new.
“This is how things start,” said [Kyle K. ] Courtney [copyright advisor for Harvard University]. “You put out a position statement, you back it up with a white paper, and you see the conversations that happen.” As libraries establish programs and platforms, use cases and best practices begin to emerge."
"A White Paper on Controlled Digital Lending of Library Books, by Courtney and coauthor David R. Hansen, associate university librarian for Research, Collections and Scholarly Communications, Duke University Libraries, was written in support of the position statement, and delves further into “the legal and policy rationales for the [CDL] process…as well as a variety of risk factors and practical considerations that can guide libraries seeking to implement such lending…. Our goal is to help libraries and their lawyers become more comfortable with the concept by more fully explaining the legal rationale for controlled digital lending, as well as situations in which this rationale is the strongest.”
The white paper notes that the Internet Archive’s “CDL-like” system has been in operation for eight years, and that the Georgetown Law Library operates a CDL service. But for the library field, the concept is still relatively new.
“This is how things start,” said [Kyle K. ] Courtney [copyright advisor for Harvard University]. “You put out a position statement, you back it up with a white paper, and you see the conversations that happen.” As libraries establish programs and platforms, use cases and best practices begin to emerge."
'The Pirate Bay of Science' Continues to Get Attacked Around the World; Motherboard, December 3, 2018
Karl Bode, Motherboard; 'The Pirate Bay of Science' Continues to Get Attacked Around the World
"The problem for publishers and their courtroom attacks on Sci-Hub is that they only draw additional attention to the need for open access to this data (aka the Streisand Effect). As a result, several prominent European research councils recently announced a open access publishing effort intended to more seriously address the problem at hand."
"The problem for publishers and their courtroom attacks on Sci-Hub is that they only draw additional attention to the need for open access to this data (aka the Streisand Effect). As a result, several prominent European research councils recently announced a open access publishing effort intended to more seriously address the problem at hand."
Copyright transfer, assignment and licensing in the United States; Lexology, October 29, 2018
"Transfer, assignment and licensing
Transfer and assignment
What rules, restrictions and procedures govern the transfer and assignment of copyright? Are any formalities required to secure the legal effect of the transfer or assignment?
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by either the owner of the rights conveyed or such owner’s duly authorised agent. However, the written transfer does not need to be made at the time of assignment, and a later written document confirming the agreement is sufficient to prove the assignment. Transfer of a right on a non-exclusive basis does not require a written agreement. A copyright may also be conveyed by operation of law. Additionally, it may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. Copyright is a personal property right and is subject to the various state laws and regulations that govern the ownership, inheritance or transfer of personal property as well as terms of contracts or conduct of business. The recording of a transfer with the Copyright Office is not required to make the transfer valid between the parties; however, it provides certain legal advantages and may be required to validate the transfer as against third parties. To bring an infringement suit in court, a copyright owner needs proof of an unbroken chain of title going back to the author of the work."
3 Types of Documents Every Company Needs to Have in Place; Lexology, October 23, 2018
"Documents for Protection of the Company’s Intellectual Property
In addition to formal employment terms and conditions and formal consulting and advisor agreements, the most important agreement for most emerging companies to have shortly after formation is a non-disclosure agreement. This agreement is usually entered into with unrelated third parties who may come in contact with the company’s proprietary information and is intended to protect the company’s rights to its intellectual property."
Wednesday, December 5, 2018
Supreme Court hands Fox News another win in copyright case against TVEyes monitoring service; The Washington Post, December 3, 2018
Erik Wemple, The Washington Post; Supreme Court hands Fox News another win in copyright case against TVEyes monitoring service
"The Supreme Court’s decision not to hear the case could leave media critics scrambling. How to fact-check the latest gaffe on “Hannity”? Did Brian Kilmeade really say that? To be sure, cable-news watchers commonly post the most extravagant cable-news moments on Twitter and other social media — a democratic activity that lies outside of the TVEyes ruling, because it’s not a money-making thing. Yet Fox News watchdogs use TVEyes and other services to soak in the full context surrounding those widely circulated clips, and that task is due to get more complicated. That said, services may still provide transcripts without infringing the Fox News copyright."
"The Supreme Court’s decision not to hear the case could leave media critics scrambling. How to fact-check the latest gaffe on “Hannity”? Did Brian Kilmeade really say that? To be sure, cable-news watchers commonly post the most extravagant cable-news moments on Twitter and other social media — a democratic activity that lies outside of the TVEyes ruling, because it’s not a money-making thing. Yet Fox News watchdogs use TVEyes and other services to soak in the full context surrounding those widely circulated clips, and that task is due to get more complicated. That said, services may still provide transcripts without infringing the Fox News copyright."
Tuesday, December 4, 2018
China Announces Punishments for Intellectual-Property Theft; Bloomberg, December 4, 2018
Bloomberg; China Announces Punishments for Intellectual-Property Theft
'China announced an array of punishments that could restrict companies’ access to borrowing and state-funding support over intellectual-property theft, a key sticking point in its trade conflict with the U.S.
News of the measures came just days after President Xi Jinping promised to resolve the U.S.’s “reasonable concerns” about IP practices in a statement after meeting President Donald Trump at the Group of 20 summit on Saturday in Argentina. The White House said the sides agreed to hold off on tariff action for at least 90 days as they negotiate to resolve specific U.S. complaints.
China set out a total of 38 different punishments to be applied to IP violations, starting this month. The document, dated Nov. 21, was released Tuesday by the National Development and Reform Commission and signed by various government bodies, including the central bank and supreme court.
“I think it’s potentially significant if they are implemented and result in a reduction in IP theft,” Scott Kennedy, a China expert at the Center for Strategic and International Studies in Washington. “We’ve been down this road with China many times on IP. The attention companies pay to IP theft has risen dramatically, and despite the great attention it’s getting the violations have increased.”"
'China announced an array of punishments that could restrict companies’ access to borrowing and state-funding support over intellectual-property theft, a key sticking point in its trade conflict with the U.S.
News of the measures came just days after President Xi Jinping promised to resolve the U.S.’s “reasonable concerns” about IP practices in a statement after meeting President Donald Trump at the Group of 20 summit on Saturday in Argentina. The White House said the sides agreed to hold off on tariff action for at least 90 days as they negotiate to resolve specific U.S. complaints.
China set out a total of 38 different punishments to be applied to IP violations, starting this month. The document, dated Nov. 21, was released Tuesday by the National Development and Reform Commission and signed by various government bodies, including the central bank and supreme court.
“I think it’s potentially significant if they are implemented and result in a reduction in IP theft,” Scott Kennedy, a China expert at the Center for Strategic and International Studies in Washington. “We’ve been down this road with China many times on IP. The attention companies pay to IP theft has risen dramatically, and despite the great attention it’s getting the violations have increased.”"
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