Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Copyright

Publishers seek removal of millions of papers from ResearchGate

Academic social network accused of infringing copyright on a massive scale: “Leading publishers are stepping up their fight against ResearchGate by ordering the academic social network to take down papers that they say infringe copyright. The move could see millions of articles removed from the site, as the publishers say up to 40 per cent of papers on ResearchGate are copyrighted. James Milne, a spokesman for the group of five  academic publishers, which includes Elsevier, Wiley and Brill, said that the first batch of take-down notices would be sent “imminently”.  “We’re not doing this in any way against the researchers, we’re doing this against ResearchGate,” he told Times Higher Education. ​The site was “clearly hosting and happily uploading material that they know they don’t have the licence or copyrights” to, and was “refusing to work with us to solve that problem”, he added. According to a survey of academics released last year, Berlin-based ResearchGate is by some way the world’s biggest academic social network, used by about 60 per cent of academics, particularly in the physical and life sciences, and has raised nearly $90 million in funding from investors, according to the website Crunchbase. Publishers are seeing “anecdotal” evidence that the availability of papers on the site is eating into their revenues, said Dr Milne. “We have heard during the subscriptions renewal process that librarians are occasionally referencing ResearchGate as an alternative to resubscribing to journals,” he said…”

Public Knowledge Calls for Court to Protect Rights to Access the Law

“Public Knowledge filed an amicus curiae brief in the case ASTM v. Public Resource. The case concerns Public Resource’s copying of model building codes and educational testing codes, which had been enacted into federal law and regulations. The standards organizations sued Public Resource for copyright infringement based on the copying of those legally-enforceable codes. The… Continue Reading

German universities looking to pursue alternatives to Elsevier journal access

Follow up to Academic institutions in Germany continue to cancel journal subscriptions as costs soar see Loans between libraries, and research sharing between colleagues, could allow country to sever links, negotiators claim “German universities have coped “easily” when cut off from Elsevier journals and do not need to rely on pirate article-sharing sites such as… Continue Reading

Modified U.S. Copyright Office Provisional IT Modernization Plan

“The U.S. Copyright Office has prepared a Modified U.S. Copyright Office Provisional IT Modernization Plan at the direction of the House Committee on Appropriations. See 163 Cong. Rec. H4033 (daily ed. May 3, 2017). The Committee directed the Register to modify the Provisional Information Technology Modernization Plan and Cost Analysis (Provisional IT Plan) published by… Continue Reading

Another view on the Google book scanning project

What Happened to Google’s Effort to Scan Millions of University Library Books?: “…many librarians and scholars see the legacy of the project differently. In fact, academics now regularly tap into the reservoir of digitized material that Google helped create, using it as a dataset they can query, even if they can’t consume full texts. It’s… Continue Reading

Copyright Office Releases Updated Draft of Compendium of U.S. Copyright Office Practices, Third Edition

“Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on… Continue Reading

Paper – Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 28, 2017). Iowa Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half… Continue Reading

House Votes to Give Some Powers of Librarian of Congress to Donald Trump

BOOKRIOT: “Dr. Carla Hayden, the current and 14th Librarian of Congress, is many things: a brilliant scholar, a forty year veteran of libraries, a defender of equal access, a former president of the American Library Association (ALA), and a rescuer of baby ducks. She is also the first African American and the first woman to hold… Continue Reading

Another commentary on Google Books

How Google Book Search Got Lost – Google Books was the company’s first moonshot. But 15 years later, the project is stuck in low-Earth orbit. Scott Rosenberg, April 11, 2017. “…Two things happened to Google Books on the way from moonshot vision to mundane reality. Soon after launch, it quickly fell from the idealistic ether into… Continue Reading

Court of Appeals opinion – Google is not a generic name

Elliott v. Google, United States Court of Appeals for the Ninth Circuit, No. 15-15809 D.C. No. 2:12-cv-01072-SMM – OPINION, May 16, 2017. “The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic.… Continue Reading

Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 28, 2017). Iowa Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half… Continue Reading

New on LLRX – Google Books is not Alexandria redux

Via LLRX.com – Google Books is not Alexandria redux – Chris Meadows revisits a subject, Google Books, that has been the focal point of legal action, disagreement within the publishing and library communities, and basically an issue lacking closure concerning the end product. Meadows reiterates the Second Circuit finding on Google Books and fair uses… Continue Reading