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Anything and everything about new trends in librarianship and learning through libraries.
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Copyright Week: Taking Copyright Back

Copyright Week: Taking Copyright Back | The Future Librarian | Scoop.it
In the week leading up the two-year anniversary of the SOPA blackout protests, EFF and others are talking about key principles that should guide copyright policy.
Copyright is supposed to embody a balanced incentive system, encourage authors and inventors to create new things by helping them receive some compensation for that investment. At the same time, copyright law puts limits on authors, such as fair use and limited terms of protection, to help make sure that IP rights don’t unfairly inhibit new creativity. When the system works, it can be an engine for creativity, innovation and consumer protection. When it doesn’t, IP rights have the opposite effect, giving IP owners a veto on innovation and free speech.
Fe Angela M. Verzosa's insight:
"Copyright is supposed to be public policy, in the interest of the public. Let's take copyright back, and make it work for all of us."
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Supreme Court Boosts Right to Resell Copyrighted Goods

Supreme Court Boosts Right to Resell Copyrighted Goods | The Future Librarian | Scoop.it
The Supreme Court rules that buyers of foreign copyrighted works may resell them in the United States without the copyright holder's permission, a 6-3 decision Tuesday affirming the so-called "first sale" doctrine of federal copyright law.
Fe Angela M. Verzosa's insight:

Good news for copyright reform advocates, used bookstores and video rentals, libraries, and even eBay. The decision vindicates the right of a buyer of legitimate copyright-protected works to resell or use the work without the copyright holder’s permission.

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PHILIPPINE COPYRIGHT LAW AMENDMENTS DISADVANTAGEOUS TO ORDINARY USERS, STUDENTS and RESEARCHERS

PHILIPPINE COPYRIGHT LAW AMENDMENTS DISADVANTAGEOUS  TO ORDINARY USERS, STUDENTS and RESEARCHERS | The Future Librarian | Scoop.it

 

The new amendments have taken a lot from the rights of users, students and researchers,  and all the rest of the powers over copyright are given to the copyright holders and the Intellectual Property Office.

 

Nowhere does the updated law mention importation for personal use as part of the fair use clause. Section 184 lists specific instances that fall under the fair use clause, and Section 185 defines fair use, and also lists instance of fair use, but this list does not include “personal purpose” or personal enjoyment.

 

Section 212 is the only other section which states that “personal purpose” is part of fair use. But again, that section was deleted by Congress and replaced with something that no longer includes “personal purpose” as part of fair use.

 

The right of every Filipino to bring back home legally acquired books, software, music and movie DVDs and CDs has been enshrined in the Intellectual Property Code for the last 15 years under Section 190.1of RA 8293. This has been deleted in the new law.

 

When you already have an explicit right, then that right becomes silent, can you still claim to have that right?  Why did Congress remove that right when you had that right before? On what basis can you put that (right back) in the IRR (Implementing Rules and Regulations) when Congress removed that right?

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Also, with these amendments to the IP Code, the right to fair use of students and researchers has been limited. When before, the right to fair use to make “multiple” copies for classroom use, scholarship, research and similar purposes is not considered an infringement of copyright, that word “multiple” is now replaced with the word “limited”, and who sets this limitation, it is the Intellectual Property Office. 

 

IPO explains that there is no problem with the word “limited” as they can set the number in the implementing rules and regulations to take into account the concerns of the copyright holders and the users, students and researchers.

 

But that is not the point of the provision of the law on fair use since the amendment shifts the power to make that decision on the copyright holder and the Intellectual Property Office. The previous wording of the law, the word “multiple”, gives to the user, student and researchers the right without even the permission of the copyright holder and the Intellectual Property Office, to make such reproduction or copying as that is the nature of the right of fair use.

 

Read more here: http://bitsinbits.wordpress.com/2013/02/16/philippine-copyright-law-amendments-disadvantageous-to-ordinary-users-students-and-researchers/

 

More related posts:

http://raissarobles.com/2013/02/16/amended-ip-code-disadvantageous-to-students-teachers-researchers-says-copyright-expert-lawyer-ping-peria/

 

http://www.gmanetwork.com/news/story/294998/scitech/technology/new-ip-law-allows-warrantless-searches-erases-right-to-personal-use

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Are Libraries Breaking The Law?

Are Libraries Breaking The Law? | The Future Librarian | Scoop.it
Earlier this month, a U.S. court of appeals ruled against a graduate student importing textbooks from Thailand and selling them online. This ruling may have far-reaching implications for libraries and secondhand book dealers.

 

"In an age when books (and other products) travel over borders all the time, the fact that you could risk $75,000 punishment for selling what you legally bought... is out and out crazy",  a comment made in a related article (http://www.techdirt.com/articles/20110817/18162715566/legally-bought-some-books-abroad-sell-them-us-you-could-owe-150k-per-book-infringement.shtml)

 

The Library Journal said on its website that the decision "has the potential to undermine libraries' ability to lend foreign printed books."

 

Read more here:  http://www.huffingtonpost.com/2011/08/31/libraries-breaking-the-law_n_943917.html

 

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Code of Best Practices in Fair Use for OpenCourseWare

Code of Best Practices in Fair Use for OpenCourseWare | The Future Librarian | Scoop.it

This document is a code of best practices designed to help those preparing OpenCourseWare (OCW) to interpret and apply fair use under United States copyright law. The OCW movement, which is part of the larger Open Educational Resources (OER) movement, was pioneered in 2002, when the Massachusetts Institute of Technology launched its OpenCourseWare initiative, making course materials available in digital form on a free and open basis to all.

 

The code was crafted with the goal of open education in mind and in recognition that the scope of fair use in the classroom or behind a university’s firewall is likely broader than it is when materials are placed on the publicly accessible Internet because the risks to the copyright owner’s interests differ. On the other hand, the code also reflects OCW providers’ strongly shared convictions that they serve a universe of users who would not otherwise have access to educational materials and that the limited and integrated uses they make of copyrighted content in preparing those materials are fundamentally and inherently transformative.

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Code of Best Practices in Fair Use for Poetry

Code of Best Practices in Fair Use for Poetry | The Future Librarian | Scoop.it

This code of best practices, devised specifically by and for the poetry community,  helps poets understand when they and others have the right to excerpt, quote and use copyrighted material in poetry. 

 

It is meant to enhance the ability of poets, teachers, scholars, and others to rely on fair use by serving as documentation of commonly held understandings about best practices in fair use drawn from the experience of the poetry community itself and supported by legal analysis.

 

The code is meant as both an illustration of and a guide to which uses of copyrighted materials are considered reasonable and appropriate within the poetry community.

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The Code of Best Practices in Fair Use for Media Literacy Education

The Center for Social Media showcases and analyzes media for public knowledge and action—media made by, for, and with publics to address the problems that they share.  The Code of Best Practices in Fair Use for Media Literacy Education helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use.

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Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums

Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums | The Future Librarian | Scoop.it

Digital communications technologies have led to fundamental changes in the ways that libraries, archives, and museums fulfil their public missions of access, preservation, research and education. Digitization, however, also raises the possibility of copyright infringement.  This article aims to assist understanding and compliance with copyright law across libraries, archives, and museums. It discusses the exclusive rights of the copyright owner, the major exemptions used by cultural heritage institutions, and stresses the importance of “risk assessment” when conducting any digitization project.

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Code of Best Practices in Fair Use for Academic and Research Libraries

Code of Best Practices in Fair Use for Academic and Research Libraries | The Future Librarian | Scoop.it

The Association of Research Libraries (ARL) announces the release of the Code of Best Practices in Fair Use for Academic and Research Libraries, a clear and easy-to-use statement of fair and reasonable approaches to fair use developed by and for librarians who support academic inquiry and higher education.

 

This code is designed to outline ways academic librarians can take advantage of their fair-use rights to navigate common copyright issues.  Available for download at this link:  http://www.arl.org/bm~doc/code-of-best-practices-fair-use.pdf

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Libraries, archives take centre stage in copyright debate

Libraries, archives take centre stage in copyright debate | The Future Librarian | Scoop.it

So, what’s so “exciting”? Why do libraries need exceptions in the copyright environment? And what issues relating to exceptions for libraries and archives will WIPO be working with, following November’s meeting of the CCRR?

 

A document presented by Brazil at the Geneva meeting notes that in order to provide a necessary service and fulfill their public interest mission, libraries and archives need adequate exceptions in copyright law that would allow libraries to preserve collections, support education and research and help maintain equal access to knowledge.  Along with requests to allow libraries and archives to reproduce and distribute copyright material, without limits, for educational purposes, was a proposal to permit lending of copyright works for all libraries.

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US library lending is happening

US library lending is happening | The Future Librarian | Scoop.it
Many libraries across the world do not have first sale, or they have what is called a “public lending right” which is a very curious term. It means that the library has the right to lend books if they pay for lending.
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The Copyright Rule We Need to Repeal If We Want to Preserve Our Cultural Heritage

The Copyright Rule We Need to Repeal If We Want to Preserve Our Cultural Heritage | The Future Librarian | Scoop.it
The anti-circumvention section of the Digital Millennium Copyright Act threatens to make archivists felons if they try to preserve our society's artifacts for future generations.

 

To properly preserve digital works, libraries must be able to copy and media-shift them with impunity. It may sound strange, but making a DRM-free copy of a digital work is the 21st century equivalent of simply buying a copy of a paper book and putting it on a shelf. A publisher can't come along and take back that paper book, change its contents at any time, or go out of business and leave it unscrambled and unreadable. But publishers can (and have done) all three with DRM-protected works.

 

So why don't librarians just defeat DRM, as it is often possible to do, and jailbreak Kindles and iPads to collect these materials? Because it's illegal, of course. And if these chronically under-funded institutions want to keep their funding, they need to stay above the board.

 

So we're looking at a future where 100% of all major cultural commercial works could be protected with DRM, taking 100% of those works out of the flow of cultural history until they become public domain, at which point they will likely already be lost due to technological obsolescence and media decay. 

 

It's time to repeal the anti-circumvention provision of the DMCA. It unfairly dictates how consumers can use electronic products they own, and it jeopardizes our cultural history while providing only marginal protections to copyright holders.

 

More arguments here: http://www.theatlantic.com/technology/archive/2013/03/the-copyright-rule-we-need-to-repeal-if-we-want-to-preserve-our-cultural-heritage/274049/

 

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Supreme Court Copyright Case Could Change Nature of Ownership

Supreme Court Copyright Case Could Change Nature of Ownership | The Future Librarian | Scoop.it

The case, considered one of the most important intellectual property matters to come before the high court, concerns the "first sale" doctrine in copyright law—a concept that leaves owners free to resell, lend, or give away copyrighted items without permission from the copyright holder. The doctrine has long been interpreted as one that applies to all goods, regardless of where they originated. But book publishers, software companies, and the movie and music industries, looking to protect their practice of setting different prices for different markets, argue that the doctrine should apply only to goods produced in the U.S.

 

Several coalition members—including librarians, professors, and corporate lawyers—recently spoke to reporters about the issue, painting a bleak picture of what might happen if the high court decides the first sale doctrine does not apply to goods produced overseas.

 

Libraries, whose collections include vast numbers of books bought abroad, could be prevented from lending certain books to the public. Museums would not be able to display works of modern art that are still under copyright but were produced abroad.

 

Read more about the impact of this decision here:  http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202577265944&Supreme_Court_Copyright_Case_Could_Change_Nature_of_Ownership&slreturn=20121007233609

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Library.nu, Book Downloading Site, Targeted In Injunctions Requested By 17 Publishers

Library.nu, Book Downloading Site, Targeted In Injunctions Requested By 17 Publishers | The Future Librarian | Scoop.it

"A large coalition of publishing firms and related trade organizations has taken legal action against what the Association of American Publishers in Washington, D.C., described on Wednesday (15 Feb 2012) as "one of the largest pirate web-based businesses in the world"...

 

The book download portal Library.nu (formerly known as Gigapedia.com) and cyberlocker ifile.it appear to have ‘shut down’ voluntarily after a coalition of book publishers managed to get an injunction against the two sites. According to the complaint, the sites offered users access to 400,000 e-books and made more than $11 million in revenue in the process.

 

With the website Library.nu shut down, many Internet users were registering their disappointment on Reddit's online forums. Library.nu now redirects its visitors to Google Books. For its part, iFile.it was no longer allowing unregistered users to upload files.

 

Details here: http://www.huffingtonpost.com/2012/02/15/librarynu-book-downloading-injunction_n_1280383.html

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Code of Best Practices in Fair Use for Online Video

Code of Best Practices in Fair Use for Online Video | The Future Librarian | Scoop.it

This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.

 

Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. Where it applies, fair use is a right, not a mere privilege. As a result, fair use is more important today than ever before, especially for videos in the online environment wherein, more and more, video creation and sharing depend on the ability to use and circulate existing copyrighted work.

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Code of Best Practices in Fair Use for Scholarly Research in Communication

Code of Best Practices in Fair Use for Scholarly Research in Communication | The Future Librarian | Scoop.it

This document is a code of best practices that helps U.S. communication scholars to interpret the copyright doctrine of fair use.  This guide identifies four situations that represent the current consensus within the community of communication scholars about acceptable practices for the fair use of copyrighted materials.

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Fair-Use Guide Seeks to Solve Librarians' VHS-Cassette Problem

Fair-Use Guide Seeks to Solve Librarians' VHS-Cassette Problem | The Future Librarian | Scoop.it

The ARL Code of Best Practices in Fair Use for Academic and Research Libraries identifies eight common library practices to which the fair-use principle can be applied, like making special-collections items available electronically and creating digital versions of library materials for patrons with disabilities. Each principle includes a set of limitations and enhancements that further specify how a fair-use claim can be made.

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What is ACTA? Why Should You Care?

What is ACTA? Why Should You Care? | The Future Librarian | Scoop.it

ACTA is an international treaty agreement aiming to protect intellectual property, but some worry about its implications for online free speech and innovation on the Internet.  Some are calling ACTA a way for copyright holders to get around the legislative process after failing to pass SOPA and PIPA.

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Copyright for Librarians (CFL) reaches millions more | EIFL

Copyright for Librarians (CFL) reaches millions more | EIFL | The Future Librarian | Scoop.it

“Copyright for Librarians” is an online open curriculum on copyright law developed by the Berkman Center for Internet and Society at Harvard Law School, in conjunction with EIFL. It aims to inform librarians about copyright law in general, and in particular those aspects of copyright law that most affect libraries, especially those in developing countries.

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