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Copyright for Librarians" (CFL) is an online open curriculum on copyright law that was developed jointly with Harvard’s Berkman Center for Internet and Society. The goal is to provide librarians in developing and transition countries information concerning copyright law. More specifically, it aspires to inform librarians concerning copyright law in general; the aspects of copyright law that most affect libraries; and how librarians in the future could most effectively participate in the processes by which copyright law is interpreted and shaped. Download for free as a pdf: http://www.eifl.net/system/files/201301/cfl_book_download.pdf
Morton Fraser Austin Flynn, Sam Price and Gordon White: "Have you ever used an image from a Google search for a presentation or uploaded the image to your Pinterest, Facebook, Instagram, Twitter, or Flickr account? Have you ever thought about the implications of copyright? Morton Fraser’s IP experts, Austin Flynn and Same Price, are joined by Gordon White from FatBuzz to discuss the use of images throughout social media networks; what exactly are the implications of ‘good, old fashioned’ copyright in the digital age? Now that images are very much part of social media, with 240million uploaded to Facebook everyday (that’s 3,000 per second), and are ‘part of the public domain’ who exactly owns what and can you ‘innocently’ use another’s image? They ask; what is the law surrounding the use of images online? How can you protect yourself and your images? Which license should you use - creative or commercial commons? What are the implications for bloggers? Are T&Cs of these licenses clear enough?" Podcast: http://www.morton-fraser.com/publications/podcasts/3178_license_to_thrill_digital_copyright
Via Errol A. Adams JD/MLS
A MINUTE WITH LIBRARIAN KYLE RIMKUS ON DIGITAL ARCHIVING AND THE LAW: "Editor’s note: In what has been described as a major victory for the digital humanities, a federal court earlier this month ruled against the Authors Guild in favor of the HathiTrust, a massive digital archive of library materials converted from print that is co-owned and managed by a partnership of more than 60 academic institutions, including the University of Illinois. Kyle Rimkus, preservation librarian at the U. of I., talked with News Bureau news editor Dusty Rhodes about the impact of this ruling."
Via NELLCO
"...Hat tip to the people over at BoingBoing for linking to an excellent new resource for librarians, a Code of Best Practice in Fair Use for Academic and Research Libraries, developed by librarians under the aegis of the Association of Research Libraries. The Code (its aims and objectives are discussed in greater length here) deals with frequently asked questions in higher education, such as: When and how much copyrighted material can be digitized for student use? And should video be treated the same way as print? How can libraries’ special collections be made available online? Can libraries archive websites for the use of future students and scholars? It’s a fascinating and very worthwhile resource, which is free to download here. We’d strongly recommend anyone with an interest in research librarianship, and/or issues in copyright take a look."
By Chris Meadows "On MIT’s Technology Review, Nicholas Carr takes an in-depth look at the creation of the Digital Public Library of America, an attempt at a non-commercial universal electronic library (which I also mentioned last month) that hopes to provide universal access to as much of human knowledge as it can. Carr first looks at Google’s attempt to create Google Book Search, and the negotiated settlement that was thrown out as too overreaching. Though Google is moving ahead with its legal defense, the search market has shifted toward social networking meaning that a book search might not be as attractive to Google as it once was." "But the biggest problem facing the DPLA may be the same one facing Google Books: the question of copyright. While the DPLA’s nonprofit status does open some doors to it that remain shut to Google Books (such as possibly working out the kind of licensing agreements with publishers that have given the commercial Google such trouble), it doesn’t give it carte blanche to offer works that are still under copyright. Having a truly comprehensive digital library could require Congress to pass new laws."
BY MADDIE RUUD How to use Pinterest while staying within the rules and staying clear of Copyright issues.
Neal Starkey (American Libraries Magazine, the magazine of the American Library Association, delivers news and information about the library community.) "[...] the only way to guarantee lasting public access to the increasingly digitized intellectual wealth of the world is through the reform of copyright law. We need the creation of solid legal exemptions for libraries to break DRM and to own, circulate, and archive digital copies."
Chris Meadows: "Since the ReDigi lawsuit surfaced a few days ago, some of the e-book blogs have been taking notice. [...] TeleRead has already looked at these issues a couple of times, with a reprint of a post on first sale by Marilynn Byerly and my own look at digital resale efforts that didn’t get off the ground. Fundamentally, digital and resale currently just don’t mix. Even if copyright laws permitted the copying necessary for such a resale (which they currently do not), it’s unrealistic to expect people not to try to have their e-cake and eat it too. Just as you can’t make uncrackable media DRM, you can’t really ensure someone is being honest about getting rid of all copies of media he has “resold”."
"Hellzapoppin' in the world of intellectual property rights these days. In 2002, Google began scanning the world's 130 million or so books in preparation for the "secret 'books' project" that eventually became Google Books. In 2004, they began offering access to these scans, displaying the irritatingly-named "snippets" of books in their search results. And in no time at all, they were getting sued by the Authors Guild and the Association of American Publishers for copyright infringement. These lawsuits, plus two more that were filed subsequently against Google, resulted in a six-year rollercoaster ride that, like all good roller coasters, exhilarated, terrified and rattled all the participants, and ended by thumping their quaking bods to a halt, last March, in very nearly the same place from which they'd started out. But during that time the world had changed, and an altogether new way of bringing printed books into the digital commons had emerged. Enter the nonprofit alternative for bringing the world's books online for all readers: the newly-funded Digital Public Library of America."
Lawyers ‘making progress’ but agreed to proceed toward a trial of the 6-year-old copyright case on a slow track (Judge extends time for Google digital library deal - http://t.co/6GTz6Wat...)...
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Michael Weinberg, Vice President of the Institute for Emerging Innovation at PublicKnowledge.org, has just released a follow up to his influential 2010 whitepaper It Will Be Awesome if They Don’t Screw It Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology. What’s the Deal with Copyright and 3D Printing? looks at developments over the last two years and examines issues of infringement in greater depth. Link here: http://www.publicknowledge.org/Copyright-3DPrinting
What is "sharing" between and among libraries? "In the digital realm, what is typically referred to as “sharing” is actually copying—sometimes legal and sometimes not. Understandably, the ease and ubiquity of uncontrolled copying in a networked digital environment makes copyright holders uneasy. And the fuzzy line between copying and sharing in that environment also makes the question of what it means for libraries to “share” resources much more complicated than it might seem at first blush."
Should libraries share, or not? "We don’t (or shouldn’t) share because 'sharing is what we do as libraries,' still less because sharing is somehow a 'core value' of librarianship. Sharing is a means, not an end. We share in order to provide access, and to the degree that 'sharing' actually means 'copying,' it is legally and ethically complicated." "We live in a radically different information world from the one that gave rise to ILL. Instead of resisting that reality, we should embrace it, rejoicing in the ways it allows us to serve our patrons better." Read more here: http://lj.libraryjournal.com/2012/10/opinion/peer-to-peer-review/to-share-or-not-to-share-peer-to-peer-review/
Via Fe Angela M. Verzosa
"A federal judge on Wednesday threw out a copyright infringement lawsuit against universities that participated in a massive book-digitization project in conjunction with Google without permission from rights holders. U.S. District Judge Harold Baer of New York dismissed an infringement lawsuit brought by the Authors Guild and other writers’ guilds, saying the universities had a fair use defense. The guild accused the University of California, University of Wisconsin, Indiana University, Cornell University and University of Michigan of wanton copyright infringement for scanning and placing the books into the so-called HathiTrust Digital Library. The trust consists of 10 million digital volumes, 73 percent of which are protected by copyright. The trust provides full-text searches only with a rights holder’s permission, and gives full-text access for readers with “certified print disabilities,” Baer said."
Esther Yi: "For all their differences, Google and the DPLA do share a major hurdle: Copyright law, which prevents the digitization of orphan works, numbering around 5 million and constituting about 50 to 70 percent of books published after 1923. Orphans are works whose rights holders are not known; they may be dead or unaware of their entitlement. Google's settlement would have given the company license to appropriate orphan works for posterity—a move that would have opened up a trove of previously unavailable works, at the expense of granting Google unprecedented control through litigation. The DPLA faces a similar problem: As some members pointed out in a gathering last year, out-of-print and orphan works—content in the "yellow zone" of copyright—outnumber both public domain and in-copyright works, "making legal reforms necessary for the success of a DPLA," according to meeting notes. Jason Schultz, an assistant professor at UC Berkeley School of Law and a DPLA member focusing on legal issues, says that the coalition wants to strike the right balance between the rights of copyright owners to be properly compensated and the rights of public access. The DPLA will not violate copyright, and it will begin with a foundation of public-domain works. The organization is trying to figure out the best case for fair use of out-of-print or unpublished works to argue that public access to this literature benefits society and serves a "higher" purpose.
UNESCO describes the theme as a specific focus on books and translation this year: "23 April is a symbolic date for world literature for on this date in 1616, Cervantes, Shakespeare and Inca Garcilaso de la Vega all died. It is also the date of birth or death of other prominent authors such as Maurice Druon, Haldor K.Laxness, Vladimir Nabokov, Josep Pla and Manuel Mejía Vallejo. It was a natural choice for UNESCO's General Conference, held in Paris in 1995, to pay a world-wide tribute to books and authors on this date, encouraging everyone, and in particular young people, to discover the pleasure of reading and gain a renewed respect for the irreplaceable contributions of those who have furthered the social and cultural progress of humanity. In this respect, UNESCO created both the World Book and Copyright Day and the UNESCO Prize for Children's and Young People's Literature in the Service of Tolerance. The year 2012 also marks the 80th anniversary of the Index Translationum. This international bibliography of translation provides a unique tool for the monitoring of translation flows in the world. UNESCO will celebrate this anniversary by organizing a debate on this instrument." - UNESCO World Book Day
"To fulfil their mission, libraries need international copyright norms, together with limitations and exceptions. Legal flexibilities in copyright, known as limitations and exceptions, provide balance in a copyright system between users and creators of protected works." "New technologies have created new opportunities for users to participate in an inclusive information society: Users moved from photocopying chapters from printed books to downloading chapters from e-books. Restrictive copyright laws continue to hamper access and reproduction of material for purposes of knowledge sharing.An updated system is needed to enable libraries to provide users with both historical and new services; in pace with ongoing technological changes, and to cooperate and share resources across national borders. What is IFLA doing? IFLA is working with WIPO Member States to gain support for a binding international instrument on copyright limitations and exceptions to enable libraries to preserve their collections, support education and research, and lend materials. To demonstrate what is needed, IFLA, together with the International Council on Archives (ICA), Electronic Information for Libraries (EIFL) and Corporación Innovarte, has produced a Treaty proposal (‘TLIB') to guide WIPO's Member States in updating limitations and exceptions for libraries worldwide. Find out more about limitations and exceptions for libraries at the following pages and learn what you can do to get involved supporting an international binding instrument that meets the needs of libraries in the 21st century."
Via Fabricio Cárdenas
A provocative question and discussion: "If Streaming isn’t Copying, can Libraries be Netflix?
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