May 18, 2013

Selling Used Digital Files: A Setback, But Not the End of the Story

Mary Minow

Libraries and Friends groups interested in reselling or giving away used ebooks or other digital content files (or purchasing them) may be a little more cautious after the March 30 court decision, Capitol Records v. ReDigi Inc. ReDigi, a virtual marketplace for “pre-owned” digital music, was sued by Capitol Records in what the court characterized as “a fundamental clash over culture, policy, and copyright law.”

Sounds of Copyright Reform | Editorial

mikekelley

This country’s fascinating and invaluable patrimony of recorded sound and culture is at risk. Libraries, archives, museums, and historical societies have approximately 46 million recordings in their collections and more than six million are “in need” or “in urgent need” of preservation, according to the National Recording Preservation Plan released by the Library of Congress (LC) in December. The condition of another 20 million of the recordings is unknown, and these numbers do not include important material in private hands.

Q&A: Dan Cohen on His Role as the Founding Executive Director of DPLA

Q&A: Dan Cohen on His Role as the Founding Executive Director of DPLA

The Digital Public Library of America (DPLA) last week appointed Dan Cohen as its founding Executive Director. LJ caught up with him to discuss his work as Director of the Roy Rosenzweig Center for History and New Media at George Mason University, and his plans for DPLA.

Why We Miss the First Sale Doctrine in Digital Libraries

What the DPLA Can Mean for Libraries

In this article, the fourth installment in a series on the initiative to build a Digital Public Library of America, I examine the underlying role of law in the ebook lending debate, explore potential solutions to the problems, and consider how the DPLA can contribute to solutions for those we serve. At the core of this issue is the way the copyright law works–or doesn’t–when it comes to books, libraries, and readers in the United States today and into the future.

Judge’s Ruling a Win for Fair Use in Authors Guild v. HathiTrust Case

The Honorable Harold Baer, Jr., yesterday held that the HathiTrust’s mass digitization is fair use, in spite of the challenges raised in a lawsuit by the Author’s Guild and others, both associations and individual authors. Crucial to his reading of the case is Baer’s rejection of the plaintiff’s theory that section 108 of the copyright law prevents libraries claiming fair use as a defense.

Baer said in his opinion, “I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants’ MDP, and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the ADA.”

Swartz Faces Additional Charges in Alleged JSTOR Theft

JSTOR logo

Seth Finkelstein’s blog alerted me to the fact that the case against Aaron Swartz for stealing JTSOR files had expanded from four felony counts to thirteen. The overview of the revised charges: “Between September 24, 2010, and January 6, 2011, Swartz contrived to: a. break into a restricted-access computer wiring closet at MIT; b. access [...]

First Book Comes Unglued

In June, nicely timed just before the American Library Association’s Annual Conference, Gluejar announced their first “unglued” title: “Oral Literature in Africa”. Well, now it is available for downloading in several different formats: PDF EPUB Kindle Kindle Daisy Full Text DjVu You can also read it online using the Internet Archive’s book reader. It should [...]

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Google Allowed to Appeal Class Action Status of Authors Guild Case

The U.S. Circuit Court of Appeals for the Second Circuit will allow Google to appeal the class action status of the seven-year old Google Inc. v. Authors Guild case, the court announced in an order this morning. Decertifying the case would force Author’s Guild members who dispute the digitization of their works to sue Google individually. Google has argued that many authors have benefited economically from its Google Books project, and whether a scan violated copyright or was protected under fair use doctrine should be determined on a case-by-case basis.

Amazon Forces Unglue.it To Suspend Crowdfunding Operations

Amazon Forces Unglue.it To Suspend Crowdfunding Operations

Unglue.it, the new crowdfunding site that encourages authors and publishers to make their ebooks available under a Creative Commons license, today was forced to suspend all active campaigns, after Amazon informed the organization that it would no longer process its pledge payments. Eric Hellman, founder of Unglue.it developer Gluejar Inc., told LJ that an Amazon representative had informed them that crowdfunding, in general, presents regulatory and contractual issues that Amazon is having difficulty keeping pace with. According to their conversation, with the exception of Kickstarter, Amazon Payments will be rejecting business with all new crowdfunding operations.

Fair Use Panel Cautions Against Adopting Georgia State Ruling as Definitive | ALA Annual 2012

Highlighting a number of cases and rulings covering digital fair use— including the recent Georgia State ereserves verdict as well as Authors Guild vs. Google, Authors Guild vs. HathiTrust, and AIME vs. UCLA – the “Fair Use, Intellectual Property, and New Media” panel at the ALA Annual Conference in Anaheim, CA played to a standing-room only room eager for expert analysis on which direction the library fair use winds are blowing.