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Category Archives: Libraries

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

New on LLRX.com – How cell phone book clubs could help get young people reading and change their lives

Via LLRX.com – How cell phone book clubs could help get young people reading and change their lives – Journalist and SF/fantasy novelist Bertel King, Jr. talks about effective methods and programs to engage young people in the enjoyment and value of reading as soon and as often as possible. He discusses how removing as many roadblocksContinue Reading

New on LLRX – How to read e-books on a $20 cell phone: Tips for the cash-strapped and plain adventurous

Via LLRX.com - How to read e-books on a $20 cell phone: Tips for the cash-strapped and plain adventurous:  The LG Optimus Dynamic Android Phone, aka the LG 38c or the LGL38C, is a smartphone that David Rothman bought new on Amazon for $20, excluding shipping. Rothman calls out the importance of this device in relationship to itsContinue Reading

Results from OCLC Research International Linked Data Survey for Implementers

“OCLC Research conducted an international linked data survey for implementers between 7 July and 15 August 2014 to learn details of specific projects or services that format metadata as linked data and/or make subsequent uses of it. This was an exploratory survey prompted by the OCLC Research Library Partners Metadata Managers Focus Group, who areContinue Reading

10 big questions the Pew Research Center has tackled in the past decade

Andrea Caumont: “Ten years ago, the Pew Research Center was established by The Pew Charitable Trusts to bring together several of Pew’s information initiatives. The new organization had a unique mission to offer nonpartisan, non-advocacy information to decision-makers and the public. The Center has amassed a large body of work over the past decade. For our tenth anniversary, here’sContinue Reading

Digital Preservation Policy Framework: A Case Study

Digital Preservation Policy Framework: A Case Study by Daniel W. Noonan. Educause Review Online, July 28, 2014. “Digital preservation can be defined as the combination of policies, strategies and actions to ensure access to and accurate rendering of authenticated reformatted and born digital content over time regardless of the challenges of media failure and technological change. Graham suggestsContinue Reading

Radical Librarianship: how ninja librarians are ensuring patrons’ electronic privacy

Via Boing Boing, by Alison Macrina and April Glaser: “Librarians in Massachusetts are working to give their patrons a chance to opt-out of pervasive surveillance. Partnering with the ACLU of Massachusetts, area librarians have been teaching and taking workshops on how freedom of speech and the right to privacy are compromised by the surveillance of onlineContinue 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

Publishers Gave Away over 120 Million Books During World War II

And, in the process, they created a nation of readers, Yoni Applebaum, The Atlantic: “In 1943, in the middle of the Second World War, America’s book publishers took an audacious gamble. They decided to sell the armed forces cheap paperbacks, shipped to units scattered around the globe. Instead of printing only the books soldiers andContinue Reading

Younger Americans and Public Libraries

“Younger Americans—those ages 16-29—especially fascinate researchers and organizations because of their advanced technology habits, their racial and ethnic diversity, their looser relationships to institutions such as political parties and organized religion, and the ways in which their social attitudes differ from their elders. This report pulls together several years of research into the role of libraries inContinue Reading

Links, languages and semantics – Paper

Links, languages and semantics: linked data approaches in The European Library and Europeana. Valentine Charles, Nuno Freire, Antoine Isaac. Submitted on: 8/11/2014, IFLA 2014. “The European Library and Europeana have both an extensive experience in aggregating metadata for bibliographical records or digital resources from the cultural heritage institutions of Europe. For both of them meeting the challenges offeredContinue Reading