Category «Copyright»

Commentary – Why We Miss the First Sale Doctrine in Digital Libraries

John Palfrey: “Publishers, ebook vendors, and libraries are engaged in a “tug of war” over the lending of electronic books, according to Library Journal’s recent ebook survey. This clash inhibits most libraries from fulfilling their important institutional missions to provide access to knowledge and preserve our cultural heritage. In the best case, this tug of …

Subjects: Copyright, Legal Research, Libraries

Electronic Course Reserves Copuright Infringement Case Moves to Appeal

Chronicle of Higher Education, Jennifer Howard: “Fair use and electronic course reserves are back in court. A keenly watched copyright case that pitted three academic publishers against Georgia State University has entered the appeals phase, with a flurry of filings and motions this week and more expected soon. One surprise motion came from the U.S. …

Subjects: Copyright, Legal Research, Libraries

Unlocking cell phones to switch carriers subject to Digital Millenium Copyright Act’s protections

Tracey Samuelson, Marketplace for Monday, January 28, 2013: “If consumers want to “unlock” their cell phones in order to take their phone from one cellular network to another, they now need to ask the permission of their carrier. Starting January 26, unlocking phones without the provider’s OK is against the law. But perhaps the most …

Subjects: Copyright, Internet, Legal Research, Legislation

EFF Amicus Brief Argues for Protection of Transformative Uses to Protect News Tracking Services

EFF: “In Associated Press v. Meltwater, AP claims its copyrights are infringed when Meltwater, an electronic news clipping service, includes excerpts of AP stories in search results for its clients seeking reports of news coverage based on particular keywords. In its argument, AP asks the court to accept an extraordinarily narrow view of fair use …

Subjects: Copyright, Courts, Legal Research

Judge Issues Ruling in Favor of Favorable Ruling in HathiTrust Fair-Use Case

the Chronicle of Higher Education – Jennifer Howard: “Academic libraries’ indexing of digitized works counts as fair use. So says the federal judge overseeing a major copyright-infringement lawsuit brought last year by the Authors Guild against the HathiTrust digital repository and its university partners. At stake was the uses the libraries could make of millions …

Subjects: Copyright, Internet, Knowledge Management, Libraries, Search Engines

Publishers and Google Reach Settlement Over Copyright and Digital Book Scanning

News releases: The Association of American Publishers (AAP) and Google today announced a settlement agreement that will provide access to publishers’ in-copyright books and journals digitized by Google for its Google Library Project. The dismissal of the lawsuit will end seven years of litigation. The agreement settles a copyright infringement lawsuit filed against Google on …

Subjects: Copyright, Internet, Knowledge Management, Libraries, Search Engines

New Study Affirms Less Copyright Restrictions Benefit the Economy

EFF: “A new study from Australia presents the latest evidence that loosening copyright restrictions not only enables free speech, but can improve an economy as well. The study, published by the Australian Digital Alliance, indicated that if Australia expanded copyright exceptions like fair use, along with strengthening safe harbor provisions, the country could potentially add …

Subjects: Copyright, Free Speech, Internet

TRAC – Copyright Suits Trending Upward

Via Jeff Lamicela: “The latest available data from the federal courts show that during July 2012 the government reported 296 new copyright civil filings, according to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC). This is the fourth straight month where filings have reached close to 300 or more per month — …

Subjects: Copyright, Courts, Legal Research

Contentious Google Book Scanning Case Approaches Fall Trial Date

Publishers Week news in following Google Book Scanning project postings: “After a round of key filings, two Authors Guild cases challenging Google’s ambitious library book-scanning program are on schedule for early fall trial dates. Final reply briefs were filed July 27 for the Authors Guild v. HathiTrust, with that case now fully briefed and all …

Subjects: Copyright, Digital Rights, Internet, Legal Research, Libraries

LLRX – The Decline of DVD-by-Mail, or Further Thoughts on the Digital Death of Copyright’s First Sale Doctrine

Via LLRX – The Decline of DVD-by-Mail, or Further Thoughts on the Digital Death of Copyright’s First Sale Doctrine – Prof. Annemarie Bridy comments on a dynamic new area of online copyright and licensing as she focuses on how Netflix is transitioning from an operating model that is clearly covered by an exception to copyright …

Subjects: Copyright, Legal Research