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Category Archives: Copyright

Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201

“The Assembly program is pleased to announce a new publication, titled Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201, written by Harvard Law School student Daniel Etcovitch and 2017 Assembly cohort member Thyla van der Merwe. The paper proposes a statutory safe harbor from the Computer Fraud and Abuse Act… Continue Reading

Lessig – Congress’ Latest Move to Extend Copyright Protection Is Misguide

Lawrence Lessig – Wired [Lawrence Lessig (@lessig) is the Roy L. Furman professor of law and leadership at Harvard University and founder of Equal Citizens. He was lead counsel in Eldred v. Ashcroft (2002)]: “Almost exactly 20 years ago, Congress passed the Sonny Bono Copyright Term Extension Act, which extended the term of existing copyrights… Continue Reading

EU Member States agree on monitoring & filtering of internet uploads

EDRI: “On 25 May, the European Council agreed to a negotiating position on the draft copyright directive. This  will allow the presidency of the Council to start negotiations with the European Parliament on mass monitoring and filtering of internet uploads and a chaotic new “ancillary copyright” measure that will make it harder to link to… Continue Reading

Freelancers Receive $9 Million in Copyright Suit – Took 17 years to settle

It Took 17 Years: Freelancers Receive $9 Million in Copyright Suit – “The Authors Guild filed the suit — along with the American Society of Journalists and Authors, the National Writers Union and 21 freelance writers named as class representatives — in 2001 after publishers licensed articles by freelancersto the electronic database Lexis/Nexis and other… Continue Reading

LC Copyright Modernization Office is Open

“The Copyright Office strives to provide high-quality services to its users. Therefore, the Office must develop an innovative and robust technological infrastructure that will provide these services in a streamlined, efficient, and cost-effective manner. IT modernization has been a top priority since 2011, beginning with a detailed analysis and review of the Office’s systems. The… Continue Reading

The CD is Dead? Sure hope not!

Salon: The CD is dead? Not so fast: “Last week, Billboard dropped a two-part music retail bombshell. First, Target is reportedly looking to overhaul its financial arrangement with its music and video vendors. Basically, the shopping giant only wants to pay labels for what product stores actually sell, instead of buying inventory up front and… Continue Reading

Sci-Hub Loses Domains and Access to Some Web Services

The Scientist: A few months after the American Chemical Society won its lawsuit against the pirate site, the game of virtual whack-a-mole continues. “Last November, the American Chemical Society (ACS) won its lawsuit against Sci-Hub, a popular pirate site for academic papers. Since then, a number of Sci-Hub’s domains have been suspended, and earlier this… Continue Reading

Federal Judge Says Embedding a Tweet Can Be Copyright Infringement

EFF: “Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided… Continue Reading

Free to Use and Reuse: Making Public Domain and Rights-Clear Content Easier to Find

The Library of Congress: “One of our biggest challenges is letting you know about all of the content available at loc.gov. Another challenge we have is letting you know what you can do with it (in a nice way). We are working on several fronts to improve the visibility of public domain and rights-clear content.… Continue Reading

Principles of Transparency and Best Practice in Scholarly Publishing

“The Committee on Publication Ethics (COPE), the Directory of Open Access Journals (DOAJ), the Open Access Scholarly Publishers Association (OASPA), and the World Association of Medical Editors (WAME) are scholarly organisations that have seen an increase in the number, and broad range in the quality, of membership applications. Our organisations have collaborated to identify principles… Continue Reading

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… Continue Reading

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