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YouTube's Content ID Disputes Are Judged by the Accuser
The problem is that media companies and scammers are using Content ID as an end run around the DMCA.
With the DMCA, the process works like this. A rightsholder could file a claim against a video with YouTube, and YouTube would immediately take the video offline. If there was a mistake, the uploader could file a counter-notice. The video would then be restored by YouTube within 10-14 business days of the counter-notice, unless it went to court.
It wasn't perfect, by any means, but it was fair. Disputes could always be appealed, and both parties were given equal power. And if a claimant lied about owning the copyright to the material in question, they could face perjury charges.
The current system, led by Content ID, tips the balance far in favor of the claimant.
This, for example, is what he means by “unglue,” the concept that lies at the heart of Gluejar: “unglue (v.t.) For an author or publisher to accept a fixed amount of money from the public for its unlimited use of an e-book.”
Hellman wants us to consider, in other words, a world in which those who hold the rights to books agree to license them through a Creative Commons arrangement that protects author/publisher copyrights, enables the rights holders to maintain or pursue additional licensing agreements, and at the same time creates an environment in which public funding helps “unglue” the books for digital distribution.
Crowdfunding — something already in play within organizations as diverse as the Nature Conservancy, NPR, and Kickstarter — provides the fiscal fuel, making sure that both the creators of the book and Gluejar get compensated for their efforts.
Read it all here.
This week's episode looks at the aftermath of the SOPA battle and the take-down of MegaUpload while looking at some consequences thereupon for the knowledge ecology. A draft resolution for any upcoming ALA meeting is also presented.
Direct download link: MP3
LISTen: An LISNews.org Program -- Episode #183 by The Air Staff of Erie Looking Productions is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.
Public Domain Day 2012: Five things we can do in the US
t’s New Year’s Day again, and in much of the world, this means another year’s worth of works enter the public domain. That’s a cause for celebration, as Europe and many other countries that have “life+70 years” copyright terms welcome works by James Joyce, Virginia Woolf, Jelly Roll Morton, and Elizabeth von Arnim into the public domain. The Communia Project’s Public Domain Day website focuses on works by these and many other authors that are entering (in many cases, re-entering) the public domain in “life+70 years” countries. Meanwhie, folks in Canada, New Zealand, and other countries that have held the line at the “life+50 years” terms of the Berne Convention can now freely enjoy the works of people like James Thurber, Ernest Hemingway, and H.D.
There’s not so much excitement about Public Domain Day in the US, where no published works are scheduled to enter the public domain for another 7 years, due to a 20-year copyright extension enacted in 1998. But Americans don’t have to simply sigh and contemplate what might have been if our copyright terms hadn’t been extended. The new year still provides a number of important opportunities for Americans to improve access to the public domain.
David Post over at the lawprof blog The Volokh Conspiracy writes about the Stop Online Piracy Act and some of the disturbing consequences if it were enacted in the United States. Any library, and if appropriate their parent organization, should consider the consequences Post outlines if that library provides Internet to users let alone staff.
About two minutes of googling turned up a professor emeritus of one of the HathiTrust “orphan works” candidates. He lives in suburban Maryland. His second book sold a reported one million copies, and he’s listed in IMDb (two of his books were turned into movies: one starred Elvis Presley, the other Warren Beatty). He has a literary agent, and he signed an e-book contract earlier this month.
No, we’re not making this up.
The Bits Blog online with The New York Times reports that programmer Aaron Swartz was indicted for allegedly stealing 4 million documents from MIT and JSTOR. According to documents posted to Scribd, the arrest warrant cites alleged violation of 18 USC 1343, 18 USC 1003(a)(4), 18 USC 1003(a)(2), 18 USC 1003(a)(5)(B), and 18 USC 2.
The Boston Globe summed up the charges stating:
Aaron Swartz, 24, was charged with wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer. He faces up to 35 years in prison and a $1 million fine.
Activist group Demand Progress, of which Swartz previously served as Executive Director, has a statement posted. Internet luminary Dave Winer also has a thought posted as to the indictment. Wired's report cites the current Executive Director of Demand Progress as likening the matter to checking too many books out of a library.
From the Chronicle of Higher Education:
Research Libraries See Google Decision as Just a Bump on the Road to Widespread Digital Access
By Jennifer Howard
Tuesday, a federal judge tossed out the proposed settlement in the lawsuit over Google's vast book-digitization project. Still, research libraries with a stake in that work said they were undeterred. They emphasized that widespread digital access is key to scholars' work, and reiterated their commitment to making as much material available to as many people as possible, whether or not the settlement is revived in some form. And they said they hoped the ruling, by Judge Denny Chin, would galvanize efforts to solve the vexing problem of orphan works, which are under copyright but whose rights-holders are unknown or unfindable......Read the rest here.
Interesting story (well I thought so anyway) about bloggers whose images have been taken off their sites and reused in a fashion line without their knowledge.
Ignorance or Arrogance?