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Category Archives: Copyright

Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets

Jones, D. R., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). South Texas Law Review, Vol. 56, No. 2, 2014 – Forthcoming; University of Memphis Legal Studies Research Paper No. 144. Available for download at SSRN: http://ssrn.com/abstract=2503089

“In several recent lawsuits, publishers sued law firms for copyright infringement. The lawsuits focused on making unlicensed copies of scholarly articles to file with patent applications, including copies for the firms’ internal use and for the firms’ clients. In two of these cases, lower court judges determined that the making of unlicensed copies was fair use. The decisions hinged on transformative use, focusing on the defendant’s purpose for using the works. There was no alteration or change in the works. The judges found fair use, despite the possible availability of licensing. These patent application cases fit within a larger category of cases involving the use of copyrighted works in judicial and quasi-judicial proceedings. This article uses these cases as a vehicle to review the use of purpose in fair use analysis. It advocates that the review of the character and purpose of a use should include a deeper examination of the policies and societal interests underlying the use. This broader consideration is especially important if a plaintiff asserts the presence of a ready market for the payment of fees for use of a copyrighted work. This article explores the determination of a fair use market as a way to support the unlicensed use of copyrighted works although a ready market exists for the payment of fees. These cases offer an excellent model for the analysis necessary to determine a fair use market.”

 

An Information Theory of Copyright Law

Fromer, Jeanne C., An Information Theory of Copyright Law (September 23, 2014). Emory Law Journal, Vol. 64, p. 71, 2014. Available for download at SSRN: http://ssrn.com/abstract=2500614 “The dominant American theory of copyright law is utilitarian, in offering the incentive of limited copyright protection to creators to generate material that is valuable to society. Less settled isContinue Reading

Using Copyright to Combat Revenge Porn

Using Copyright to Combat Revenge Porn, Amanda Levendowski: “Over the past several years, the phenomenon of “revenge porn” – defined as sexually explicit images that are publicly shared online, without the consent of the pictured individual – has attracted national attention. Victims of revenge porn often suffer devastating consequences, including losing their jobs, but have hadContinue Reading

Libraries may digitize books without permission, EU top court rules

Loek Essers - PC World: “European libraries may digitize books and make them available at electronic reading points without first gaining consent of the copyright holder, the highest European Union court ruled Thursday. The Court of Justice of the European Union (CJEU) ruled in a case in which the Technical University of Darmstadt digitized a book published byContinue Reading

Internet Archive Book Images – millions of copyright-free images

Internet Archives: “An American academic is creating a searchable database of 12 million historic copyright-free images. Kalev Leetaru has already uploaded 2.6 million pictures to Flickr, use the link above to see the millions of hard to find historic images all for free now on line.” Also from Internet Archives, see also: “Open Library is anContinue Reading

New on LLRX – What Does the Hathitrust Decision Mean For Libraries?

Via LLRX.com - What Does the Hathitrust Decision Mean For Libraries? The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust. The decision has implications for libraries that go far beyond the specific facts of the case. This paper by Jonathan Band offers some preliminary thoughts onContinue Reading

Apples and Oranges: Iceberg Trade Costs

Lashkaripour, Ahmad [Pennsylvania State University, College of the Liberal Arts - Department of Economics] Apples and Oranges: Iceberg Trade Costs (May 23, 2014). Available for download at SSRN: http://ssrn.com/abstract=2470765 “The iceberg trade cost assumption is embodied in all major models of International trade. However, empirical evidence to support this rather conventional assumption is lacking. This paperContinue Reading

EFF Publishes New Whitepaper on the Broken Penalty System

EFF – “Today, the House Judiciary Committee [held] a hearing on “remedies” in copyright law—that is, the penalties, injunctions, and other means of challenging and penalizing alleged infringement. This is hugely important: fixing copyright’s remedy provisions (like excessive, unpredictable monetary penalties and government seizures of domain names) is key to ensuring that copyright does its job—helpingContinue Reading

Ebooks v paper – An Essay

Julian Baggini, Financial Times – [snipped] “E-reading is certainly on the rise. The Pew Research Center reports that, as recently as 2010, hardly anyone in the US had an e-reader or tablet. Now half do. The proportion of the population who have read an ebook in the past year rose from 17 per cent inContinue Reading

Houston, We Have A Public Domain Problem – Commentary

Parker Higgins is an activist at the Electronic Frontier Foundation: “I received a bogus copyright takedown notice for using public domain audio on SoundCloud yesterday. The sound in question—the famous “Houston, we have a problem” snippet of the Apollo 13 mission—is incontrovertibly available to all, for any use, without copyright restrictions. The fact that it’sContinue Reading

New NIST guidance planned as part of federal info policy

Adam Mazmanian via FCW.com: “Government officials can get ready to toss out their “For Official Use Only” stamps under a pending rule that would standardize how the government marks and stores information that is deemed sensitive but is not classified. The National Archives and Records Administration is leading the charge for a new policy on controlledContinue Reading

Another Fair Use Victory for Book Scanning in HathiTrust

EFF – “Fair use enjoyed a major victory in court today. In Authors Guild v. HathiTrust, the Second Circuit Court of Appeals handed down a decision that strongly underscores a fair use justification for a major book scanning program. For those counting along at home, today’s decision marks another in a serious streak of judicial findings of fair useContinue Reading