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How Fair Use Can Help Solve the Orphan Works Problem, Jennifer M. Urban – University of California, Berkeley – School of Law, June 18, 2012. Berkeley Technology Law Journal, Vol. 27, 2012. UC Berkeley Public Law Research Paper No. 2089526 “Many works that libraries, archives, and historical societies, among others, would like to digitize and …
Copyright and Innovation: The Untold Story by Michael A. Carrier via SSRN “Copyright has an innovation problem. Judicial decisions, private enforcement, and public dialogue ignore innovation and overemphasize the harms of copyright infringement. Just to pick one example, piracy, theft, and rogue websites were the focus of debate in connection with the PROTECT IP Act …
Reforming Copyright Is Possible – And it’s the only way to create a national digital library, by Pamela Samuelson “The failure of the Google Book settlement, however, has not killed the dream of a comprehensive digital library accessible to the public. Indeed, it has inspired an alternative that would avoid the risks of monopoly control. …
“For the first time in any U.S. trade agreement, the United States is proposing a new provision, consistent with the internationally-recognized 3-step test,” that will obligate Parties to seek to achieve an appropriate balance in their copyright systems in providing copyright exceptions and limitations for purposes such as criticism, comment, news reporting, teaching, scholarship, and …
Accessibility, sustainability, excellence: how to expand access to research publications – Report of the Working Group on Expanding Access to Published Research Findings, June 2012 “This report tackles the important question of how to achieve better, faster access to research publications for anyone who wants to read or use them. It has been produced by …
Sag, Matthew, Predicting Fair Use (February 25, 2012). Ohio State Law Journal, Vol. 73:1 47-91 (2012); TRPC 2011; Loyola University Chicago School of Law Research Paper No. 2012-005. Available at SSRN “Fair use is often criticized as unpredictable and doctrinally incoherent – a conclusion which necessarily implies that the copyright system is fundamentally broken. This …
Oracle America, Inc. v. Google Inc., Case3:10-cv-03561-WHA Document1202 Filed 05/31/12: “In 2007, Google Inc., announced its Android software platform for mobile devices. In 2010, Oracle Corporation acquired Sun Microsystems, Inc., and thus acquired Suns interest in the popular programming language known as Java, a language used in Android. Sun was renamed Oracle America, Inc. Shortly …
“Patents, trademarks, and copyrights are the principal means for establishing ownership rights to inventions and ideas, and provide a legal foundation by which intangible ideas and creations generate tangible benefits to businesses and employees. Intellectual property (IP) protection affects commerce throughout the economy by: providing incentives to invent and create; protecting innovators from unauthorized copying; …
Follow up to previous postings on the Google Book Search project litigation, this posting via The Public Index Blog, Class Certification Granted, by James Grimmelmann [Thursday, May 31, 2012] “Today, Judge Chin issued an opinion granting class certification. The Authors Guild lawsuit will proceed as a class action on behalf of: All persons residing in …
News release: “Google expanded its transparency reports program today by releasing a detailed report of content removal requests from copyright holders. The new copyright report joins its semi-annual government takedown transparency report, and covers more than 95% of the copyright takedown requests it has received for Search results since July 2011.1 Though Google has posted …
Briefing Paper on Embedding Creative Commons Licences into Digital Resources – Naomi Korn, Strategic Content Alliance IPR Consultant, March 2011 “Creative Commons licences (also referred to as CC licences) can facilitate the copying, reuse, distribution, and in some cases, the modification of the original owners creative work without needing to get permission each time from …
A License is Not a ‘Contract Not to Sue’: Disentangling Property and Contract in the Law of Copyright Licenses – Christopher M. Newman, George Mason University School of Law, February 24, 2012, George Mason Law & Economics Research Paper No. 12-23 “The assertion that a license is simply a contract not to sue has become …
