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Category Archives: Copyright

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 Sci-Hub, according to a negotiator from Germany’s biggest network of research centres. Martin Köhler, who has helped to lead negotiations between the Dutch publishing giant and the Helmholtz Association, gave Times Higher Education details of Germany’s strategy to survive “no deal” with Elsevier – shedding some light on whether other countries could take a similar stance. A consortium of all German research organisations is locked in hostile and so far unsuccessful contract negotiations with Elsevier, demanding full open access for German-authored papers and a model in which they pay per article published, not a flat journal subscription fee. Part of their strategy is to demonstrate that German academics can operate without Elsevier subscriptions, and an increasing number of institutions have said they will not renew their contracts at the end of the year, now including the vast majority of Helmholtz centres, which have a combined revenue of €4.38 billion (£4 billion). At the beginning of 2017, after negotiations faltered, some German universities went briefly without Elsevier access before the publisher restored it free of charge, giving Germany a dry run of what a national severance might be like. Dr Köhler said that at two major German universities that were cut off in January, which he declined to identify, there were only “tens” of requests by academics to their libraries for papers they could no longer access, an unexpectedly low number. These were “easily handled with an inter-library loan”, he explained, Germany’s “main strategy” for coping without Elsevier. In almost every case, other libraries were able to send an article electronically “within a day”, he said, and while there is a fee, it is much smaller than paying per article. The right to loan articles is “deeply engraved” into German law, he explained, and publishers have to allow it unless libraries can pay per article at a reasonable price…”

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

New on LLRX – Oh Lord, please don’t let Google Book Search be misunderstood

Via LLRX.com – Oh Lord, please don’t let Google Book Search be misunderstood – In what became a two part article, Chris Meadows responds to the continuing commentary and rebuttals on the Google Books decision and access to the search engine that remains available to query a huge index of full-text books and access the… Continue Reading

Paper – Notice and Takedown in Everyday Practice

Urban, Jennifer M. and Karaganis, Joe and Schofield, Brianna L., Notice and Takedown in Everyday Practice (March 22, 2017). UC Berkeley Public Law Research Paper No. 2755628. Available at SSRN: https://ssrn.com/abstract=2755628 [via Mary Whisner] “It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown… Continue Reading