The Court of Justice of the European Union (CJEU) has been making some interesting decisions that could affect libraries. A few weeks ago, it was liability for hyperlinking; this week it’s about ebooks and lending.
Copyright and Fair Use
On Halloween night, Friends and trustees of New York Public Library (NYPL) got a treat that didn’t require a costume: Librarian of Congress Carla Hayden and NYPL President Tony Marx sat down together for a lively hour-long discussion of research, preservation, digitization, Hayden’s plans for the Library of Congress (LC), and the influence of Hamilton.
On August 12, the Harvard Library Office for Scholarly Communication published a comprehensive literature review detailing strategies for digitizing copyright-protected works for which rights holders cannot be found or contacted—colloquially called “orphan works.” This 112-page peer-reviewed report, “Digitizing Orphan Works: Legal Strategies to Reduce Risks for Open Access to Copyrighted Orphan Works,” is the culmination of the 2015–16 Orphan-Works Project at Harvard.
The website repository Sci-Hub, which enables users to freely download scholarly articles that normally require institutional subscriptions or individual payments, has found itself at the center of a series of conflicts over the past year. Many publishers are increasingly angry at the theft of copyrighted material, with the Association of American Publishers (AAP) going so far as to censure an academic librarian for his comments on Sci-Hub during a panel at the American Library Association (ALA) annual conference in Orlando in June.
The Difference between Copyright Infringement and Plagiarism—and Why It Matters | Peer to Peer Review
Copyright is the only right defined in the main text of the U.S. Constitution. It is specified in Article 1, Section 8, so it didn’t have to be added in the amendments known as the Bill of Rights, which tells us how important the concept of copyright was to the founders. They enumerated its dimensions in a sparse sentence: “To promote the Progress of science and useful Arts by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
It’s been a while since I spoke with the inimitable Kyle K. Courtney, 2015 LJ Mover and Shaker, “Harvard Hero” (for his work on copyright), and the organizer of the Copyright First Responder program at Harvard, among many, many other roles. With Fair Use / Fair Dealing Week upon us (Feb. 22nd – 26th), it seems like a good time to see what developments have taken place in Kyle’s universe since last we chatted in 2013.