July 2, 2015

Copyright and Fair Use

DPLA, Europeana, Creative Commons Collaborate on International Rights Statements

dpla-europeana-cclogo

The Digital Public Library of America (DPLA) joined forces with Europeana and Creative Commons (CC) to create a collaborative, interoperable platform for international rights statements. The International Rights Statement Working Group (Working Group), composed of representatives from the three organizations, spent the past 12 months outlining a proposal for a common framework to provide rights statements for both national and international cultural heritage objects.

Librarian of Congress James Billington Announces Upcoming Retirement

Librarian of Congress Dr. James H. Billington. Photo by Abby Brack Lewis.

James H. Billington, who has served as the 13th Librarian of Congress since he was appointed by President Ronald Reagan in 1987, announced on June 10 that he would retire effective January 1, 2016.

Library Associations Spearhead New Copyright Coalition

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A group of technology companies, trade associations, and civil society organizations have joined forces to form Re:Create, a national coalition to advocate for balanced copyright policy. In the wake of recent proposals to amend the Digital Millennium Copyright Act, as well as constant advances in the field of knowledge creation, coalition members are calling for responsive copyright law that balances the interests of those who create information and products with those of users and innovators, providing robust exceptions as well as limitations to copyright law in order that it not limit new uses and technologies.

Barriers to Innovation Act Would Renew DMCA Exemptions Automatically

Digital Millennium Copyright Act

Senator Ron Wyden (D-OR) and Representative Jared Polis (D-CO) on April 16 introduced the “Breaking Down Barriers to Innovation Act,” a bill that would make significant changes to Section 1201 of the Digital Millennium Copyright Act (DMCA), which gives the Library of Congress the power to grant exemptions to DMCA’s ban on circumventing digital rights management (DRM) software, encryption, or other digital restrictions.

Kyle Courtney | Movers & Shakers 2015 — Change Agents

Kyle Courtney

Kyle Courtney is infectiously enthusiastic—about copyright law, MOOCs, open access, Harvard’s Office for Scholarly Communication (OSC) (“we are a nimble, technologically awesome library unit”), and especially his Copyright First Responders (CFRs), a cohort of 14 volunteer librarians assembled to serve as the first line of defense for the ever-growing number of copyright questions fielded by Harvard libraries. CFRs spent spring and summer 2014 attending Courtney’s Copyright Immersion Program, learning about copyright fundamentals, fair use, public domain, open access, and more.

Can We Strengthen Our Fragile Public Domain? | Peer to Peer Review

Kevin L. Smith

Each year the copyright community celebrates January 1 as “Public Domain Day.” That is because a convenient fiction included in most nations’ copyright laws says that if a work’s term of protection expired during the previous year, it officially enters the public domain on the following January 1st. Instead of having to figure out the exact day of an author’s death, and having different works enter the public domain each day, we just save them all up, so that all the works whose term expired in 2014 (i.e., all works whose authors died 70 years earlier, in 1944) entered the public domain on New Year’s Day 2015. At least, they did in most other countries, but not in the U.S.

Making Creative Copyright Law | Peer to Peer Review

Kevin L. Smith

One of the most troubling attitudes I encounter when talking with librarians about copyright is a sort of fatalism. The general idea is that copyright is simply a monolithic, unintelligible barricade that prevents libraries from realizing their full potential.

Copyright Incentives in the GSU Appeals Court Ruling | Peer to Peer Review

Kevin L. Smith

The word “incentive” appears ten times in the ruling issued last month by the Eleventh Circuit Court of Appeals in the Georgia State University (GSU) copyright infringement case, but it is slightly unclear in this rather odd opinion just who is the object of the incentive created by copyright. In seven of those ten instances, the incentive is clearly intended to benefit the author. But there are three sentences at the very end of the majority opinion (the other three uses of the word) where the court seems to interrupt its analysis to state that the incentive belongs to publishers, not authors. It is, I think, worth parsing this apparent contradiction in order to guess at how the trial court might think about incentives on remand.

Court Reverses Ruling on Publishers vs. Georgia State E-Reserve Case

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On October 17 the U.S. Court of Appeals for the 11th Circuit in Atlanta unanimously reversed the District Court’s ruling on the Publishers v. Georgia State University (GSU) Fair Use Case.

Hard Cases Make Bad Law | Peer to Peer Review

Kevin L. Smith

The legal adage that hard cases make bad law apparently has deep roots in English common law, and it was cited in a Supreme Court decision by no less a Justice than Oliver Wendell Holmes, Jr. Its applicability has been disputed over the years, but in recent weeks we have seen the truth of the maxim illustrated in some copyright debates. Colleagues have recently sent me two different stories where the extremes of copyright law are in play—hard cases, I suppose. Both offer confirmation that when the facts are really well outside the realm of normal expectations, people can draw very bad legal conclusions. But both also offer opportunities to remind ourselves of fundamental truths about law, journalism, and copyright.