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Category Archives: Copyright

EFF – EU copyright ruling has far reaching impact on copyright and deep linking

EFF – “In a case which threatens to cause turmoil for thousands if not millions of websites, the Court of Justice of the European Union decided today that a website that merely links to material that infringes copyright, can itself be found guilty of copyright infringement, provided only that the operator knew or could reasonably have known that the material was infringing. Worse, they will be presumed to know of this if the links are provided for “the pursuit of financial gain”. The case, GS Media BV v. Sanoma, concerned a Dutch news website, GeenStijl, that linked to leaked pre-publication photos from Playboy magazine, as well as publishing a thumbnail of one of them. The photos were hosted not by GeenStijl itself but at first by an Australian image hosting website, then later by Imageshack, and subsequently still other web hosts, with GeenStijl updating the links as the copyright owner had the photos taken down from one image host after another. The court’s press release [PDF] spins this decision in such a positive light that much reporting on the case, including that by Reuters, gets it wrong, and assumes that only for-profit websites are affected by the decision. To be clear, that’s not the case. Even a non-profit website or individual who links to infringing content can be liable for infringing copyright if they knew that the material was infringing, for example after receiving notice of this from the copyright holder. And anyway, the definition of “financial gain” is broad enough to encompass any website, like GeenStijl, that runs ads…”

New on LLRX – Deans of Virginia University Libraries to Chairman Goodlatte: First Do No Harm in Copyright Revision

Via LLRX.com – Deans of Virginia University Libraries to Chairman Goodlatte: First Do No Harm in Copyright Revision UVA Director of Information Policy Brandon Butler explains the implications of the Copyright Office plan to to issue a total rewrite of Section 108 of the Copyright Act and provides context on such a decision, which protects… Continue Reading

Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works

Hansen, David. 2016. Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works. Kyle K. Courtney and Peter Suber, eds., Harvard Library. “In the United States, the vast majority of 20th century creative expression—everything from books and movies to letters, emails, and notes—is protected by a copyright system that grants… Continue Reading

The Copyright Holdout Problem and New Internet-Based Services

Cross, John T. and Yu, Peter K., The Copyright Holdout Problem and New Internet-Based Services (July 29, 2016). EXPLORING SENSIBLE MECHANISMS OF PAYING FOR COPYRIGHT, Liu Kung-Chung and Reto M. Hilty, eds., Springer, 2016. Available for download at SSRN: http://ssrn.com/abstract=2815825 “This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content… Continue Reading

Fair Use issues for journalists, researchers, bloggers

When Does ‘Fair Use’ Become Unfair? Copyright law allows journalists to quote just enough — but not too much. Who draws the line? 07.21.2016 / By Paul Raeburn “In the United States, copyright protection for authors and other creators comes with the explicit understanding that others have “the right to use copyrighted material without permissions or… Continue Reading

LC target of DNS attack and a commentary on LC and digitization challenges

FCW.com, July 18, 2016: “The Library of Congress was the target of a denial-of-service attack that has knocked out Congress.gov and the U.S. Copyright Office website, and caused outages at other sites hosted by the library. Library spokesperson Gayle Osterberg told FCW that the DNS attack was launched July 17 and continues to affect library… Continue Reading

Activists Release Archives of TIME Magazine Issues to the Wild

Via Motherboard: “Activists have downloaded nearly 100 years worth of TIME magazine issues from the publication’s paywalled digital archive and dumped them all online for anyone to grab for free. “It was possible and seems worthwhile,” Michael Best, a freedom of information activist who obtained the files, told Motherboard in an online chat. In a… Continue Reading

2016 How Google Fights Piracy Report

Via Google Public Policy Blog: “The internet continues to be a boon for creators, their communities, and the content industry. At Google, we are committed to helping these industries flourish online. Today, Google’s services provide content for people all around the world and generate significant revenue for rightsholders. YouTube alone has now generated over $2… Continue Reading

Continued Decline in Patent Lawsuits

“The latest available data from the federal courts show that during the first eight months of fiscal year 2016 the government reported the filing of 3,478 patent-related lawsuits. If this pace continues through the remaining four months, there will be a total of 5,217 new filings of this type. This represents a decrease of 6.2… Continue Reading

Visual China Group expands control of Corbis and Getty Images

First – Corbis Images and Corbis Motion closed their doors on May 2, 2016. Second, via the press room site at Getty Images today – note there are several moving parts to this news, which was announced in April 2016 – with more information is surfacing June 2016 – Via the Chief Executive Officer of… Continue Reading

The high cost and complex barriers to open access knowledge

Via ars technica uk this is a long read that documents the long, circuitous, challenging and unfulfilled promise of access to human knowledge provided without impediments specific to economic or social status, country of origin, age, ethnicity, i.e., for everyone – Open access: All human knowledge is there—so why can’t everybody access it? “…imagine, for… Continue Reading

MailChimp Content Style Guide

MailChimp Content Style Guide – MailChimp 2016. This work is available under a Creative Commons Attribution-NonCommercial 4.0 International License. [Note – I am a MailChimp customer and am pleased this guide is available.] Continue Reading