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Category Archives: Copyright

Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives

Ginsburg, Jane C. and Budiardjo, Luke, Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives (November 3, 2017). Columbia Public Law Research Paper No. 14-563. Available at SSRN: https://ssrn.com/abstract=3068786

“Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several recent cases, primarily in the European Union, demonstrate the difficulties of enforcing the right of communication to the public (or, in US copyright parlance, the right of public performance by transmission) against those who provide hyperlinks that effectively deliver infringing content to Internet users. This article will first address the international norms that domestic laws of states member to the multilateral copyright agreements must implement. It next will explore how two of the most significant regional or national copyright regimes, the EU and the US, have coped with the question of linking, and then will consider the relationship of the emerging approaches to copyright infringement with national and regional laws instituting limited immunity for copyright infringements committed by internet service providers. We will conclude with an assessment of the extent to which the outcomes under US and EU regimes, despite their apparently different approaches, in fact diverge.”

WIPO Standing Committee on Copyright and Related Rights Thirty-Fifth Session

“Nobody among members of the World Intellectual Property Organization disputes the importance of the public services provided by libraries and archives. However, positions are different when it comes to providing exceptions to copyright to those entities so they can continue to dispense their services, in particular in the digital age. An updated study presented in… Continue Reading

Returning Authors’ Rights: The Authors Alliance/Creative Commons Termination of Transfer Tool

“Welcome to the Authors Alliance/Creative Commons Termination of Transfer tool. This page explains what termination of transfer is all about and what this tool does. Termination of transfers: Get rights back! Creators of all kinds routinely transfer rights to their works (by signing publication contracts that assign copyright to their publishers, for example). While many… Continue Reading

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… Continue Reading

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