December 3, 2016

Copyright and Fair Use

EU Court: Treat Ebooks like Print Books

Photo credit: Tina Franklin via Flickr

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.

Hayden, Marx in Conversation at NYPL

hayden-marx1

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.

The Right to Link is Challenged Under EU Law

Court of Justice of the European Union main building
Photo credit: Transparency International EU Office

The Court of Justice of the European Union (CJEU), the chief judicial authority of the European Union, on September 8 issued a landmark ruling in a case called GS Media v. Sanoma (C-160/15), concerning hyperlinking and potential copyright infringement. This interesting case expands upon a theme that has been present in Europe for some time—a copyright crackdown on linking, news snippets, and other content.

Pallante Resignation May Indicate New Approach at Copyright Office

U.S. Copyright Office seal

On Monday, October 24, Register of Copyrights Maria Pallante declined a reassignment and resigned from the Library of Congress (LC). Pallante had sought to have the copyright office removed from LC oversight.

Harvard Report: One Step Closer to Low-Risk OA Orphan Works?

harvard-logo-square

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.

Sci-Hub Controversy Triggers Publishers’ Critique of Librarian

scihub

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

Anderson-July-2014-170x170

Reading a recent article in the Atlantic and the subsequent comments, I was struck again by how much confusion there is among the public about the difference between plagiarism and copyright infringement.

Keep Copyright at LC | Blatant Berry

John Berry III

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.”

Catching Up on Copyright with Kyle Courtney | Not Dead Yet

Cheryl-LaGuardia

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.

U.S. Appeals Court Rules Google Book Scanning Is Fair Use

Google_Book_Search_Beta_logo_square

The Second Circuit Court of Appeals in New York ruled on October 16 that Google’s library book scanning project is protected by fair use and so does not constitute copyright infringement. The decision, which rejects the latest challenge in Authors Guild v. Google, a class-action lawsuit first filed in 2005, also held that Google’s provision of digital copies of the scanned books to participating libraries is non-infringing.