Intellectual Property

Intellectual Property

US court grants Elsevier millions in damages from Sci-Hub

One of the world’s largest science publishers, Elsevier, won a default legal judgement on 21 June against websites that provide illicit access to tens of millions of research papers and books. A New York district court awarded Elsevier US$15 million in damages for copyright infringement by Sci-Hub, the Library of Genesis (LibGen) project and related sites.

Full article at Nature.com

Cooking for Copyright campaign sees librarians make vintage recipes in bid to change laws

Librarians down under are cooking up a campaign to change the country's copyright laws according to this ABC story.

"However, those involved want people to bake biscuits and cakes rather than picket Parliament.

Social media users are being encouraged to cook a vintage recipe and share a photo of the result.

The aim is to encourage the Attorney-General to look at changing the law so that unpublished works are treated the same way as published ones."

What Does It Mean That James Bond's In the Public Domain In Canada?

io9 looks at the copyright status of James Bond:

"On January 1st, 2015, the works of Ian Fleming entered the public domain in a number of countries. That means that the character of James Bond is no longer copyrighted in those countries, just like Sherlock Holmes has been for a while. But it doesn't mean that it's suddenly open season on that character.

But why now and what exactly does it mean?"

Picking The Locks: Redefining Copyright Law In The Digital Age

Information wants to be free. At least that's what Internet activists and many consumers say in support of free online content.

But when we stream a new film online or listen to music on Spotify, we don't always consider — or care about — the artists who are losing out.

The debates over intellectual property, copyright and traditional ideas of enforcement have been hot topics of late. The fall of Napster in the late '90s and the current battle between publisher Hachette and Amazon show that copyright law needs to be rewritten to fit digital standards.

In his new book, Information Doesn't Want To Be Free: Laws For The Internet Age, author Cory Doctorow argues that creators can make money even when their content is available online free of charge. For creators to succeed in the digital age, he says, copyright law must be reformed to reflect an age in which tech platforms control content.

Full piece here: http://www.npr.org/2014/11/03/360196476/picking-the-locks-redefining-copyright-law-in-the-di...

Note: In addition to additional text there is a 7 minute audio piece at the NPR site.

The Copyright Wars: Three Centuries of Trans-Atlantic Battle

The Copyright Wars: Three Centuries of Trans-Atlantic Battle

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright--and its violation--a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries--and their history is essential to understanding today's battles. The Copyright Wars--the first major trans-Atlantic history of copyright from its origins to today--tells this important story.

Conan Doyle Estate Says Sherlock Not Free Yet

In a follow up to an earlier story, the Conan Doyle estate may appeal the ruling against it's copyright claim according to this Publishers Weekly story.

"Is Sherlock Holmes truly a free man? Not so fast say attorneys for the estate of Sir Arthur Conan Doyle.

In a December 23 decision, an Illinois federal court held that Holmes and other characters and story elements in more than 50 Sherlock Holmes stories are in the public domain. But attorneys for the estate of Sir Arthur Conan Doyle this week insisted that the complete characters of Holmes and Watson won’t be freed until the final 10 stories published after 1922 enter the public domain, in 2022."

Sherlock Holmes Is in the Public Domain, American Judge Rules

This New York Times story has the details.

"A federal judge has issued a declarative judgment stating that Holmes, Watson, 221B Baker Street, the dastardly Professor Moriarty and other elements included in the 50 Holmes works Arthur Conan Doyle published before January 1, 1923, are no longer covered by United States copyright law, and can be freely used by new creators without paying any licensing fee to the Conan Doyle estate."

Google Gets Total Victory Over Authors Guild: Book Scanning Is Fair Use

This one has been a long time coming, but this morning, Judge Denny Chin (who actually has a long history of siding with copyright holders) found that Google's book scanning project is fair use. This is a huge victory in a variety of ways. TechDirt has the story.

Mendeley and RefWorks Flow: The next, next generation of citation management software

A decade or so ago, ISI's EndNote bought out most of the competition, practically obtaining a monopoly on the reference manager business. In the early Library 2.0 boom, web-based products like Zotero and CSA's RefWorks became the norm. Thomson Reuters played catch up by introducing EndNote Web, and NoodleBib and other adware/freemium clones cropped up in what is now again a crowded marketplace.

Mendeley, recently purchased by Elsevier, has gained fame by offering social media integration and and sharing cababilities. It notably works on the old Questia model of selling itself directly to individual users, not institutions. ProQuest is also putting the finishing touches on RefWorks Flow, which features similar collaboration tools.

The way these newer products allow users to share articles with peers raises interesting questions about them potentially being used as a new "Napster for subscription journals," especially since they are now both owned by major publishers. See my comment for some more philosophical questions....

How Copyright Makes Works Disappear . . .

An excellent new study at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2290181 looks at a random sample of new books for sale on Amazon.com shows three times more books initially published in the 1850’s are for sale than new books from the 1950’s. Why? The paper presents new data on how copyright seems to make works disappear. First, a random sample of 2300 new books for sale on Amazon.com is analyzed along with a random sample of 2000 songs available on new DVD’s. Copyright status correlates highly with absence from the Amazon shelf.

As Works Flood In, Nation’s Library Treads Water

Article in the NYT about sequestration and the Library of Congress

Thirteen Ways to Steal a Bicycle

Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property.

More about book here.

Copyright Ruling Rings With Echo of Betamax

NYT article discussing the Supap Kirtsaeng v. John Wiley & Sons, Inc case.

Excerpt from article:
More profoundly, the decision might even hasten the near-demise of print — spurring publishers into a digital world where they can license their books rather than sell them, adding some bells and whistles while gaining some protection from the first-sale clause.

Full article

The Past, Present, and Future of Ownership

Radio program - On the Media - A special hour on our changing understanding of ownership and how it is affected by the law. An author and professor who encourages creative writing through plagiarism, 3D printing, fan fiction & fair use, and the strange tale of who owns "The Happy Birthday Song"

Download full program here.

See a list of the individual segments of the show here.

Copyright Alert System: Six strikes and you're out

This week the entertainment industry and American ISPs rolled out a system that aims to curb illegal media downloads. The system is designed to first notify users of copyright infringement, and then to curtail Internet connectivity in response to repeated offenses.

Full article

Public Domain, My Dear Watson? Lawsuit Challenges Conan Doyle Copyrights

Some 125 years after his first appearance, Sherlock Holmes remains a hot literary property, inspiring thousands of pastiches, parodies and sequels in print, to saying nothing of the hit Warner Bros. film starring Robert Downey Jr. and such television series as “Elementary” and the BBC’s “Sherlock.”

But according to a civil complaint filed on Thursday in federal court in Illinois by a leading Holmes scholar, many licensing fees paid to the Arthur Conan Doyle estate have been unnecessary, since the main characters and elements of their story derived from materials published before Jan. 1, 1923, are no longer covered by United States copyright law.

Full article

Dr. Martin Luther King Jr. and the Public Imagination

On August 28, 1963 Martin Luther King Jr. did what he’d done countless times before: he began building a sermon. And in his sermons King relied on improvisation, drawing on sources and references that were limited only by his imagination and memory. It’s a gift — and a tradition — on full display in the "I Have A Dream" speech, but it’s also in conflict with the intellectual property laws that have been strenuously used by his estate since his death. In a segment originally aired in 2011, OTM producer Jamie York speaks with Drew Hansen, Keith Miller, Michael Eric Dyson and Lewis Hyde about King, imagination and the consequences of limiting access to art and ideas. Download MP3 Full piece -- On the Media (Includes links to transcript etc)

On the Media - Aaron Swartz

On January 11, 26-year-old hacker, programmer, and activist Aaron Swartz committed suicide. He had a history of depression and faced federal prosecution for downloading millions of articles from the online academic article repository JSTOR. Brooke talks to Gawker's Adrian Chen, who wrote about Swartz's legal troubles this week. Download MP3 of piece here.

LISTen: An LISNews.org Program -- Episode #228

This week's program deals with Wikipedia hoaxing, an Internet icon, and a miscellany of brief items.

Related links:

Download here (MP3) (Ogg Vorbis), or subscribe to the podcast (MP3) to have episodes delivered to your media player. We suggest subscribing by way of a service like gpodder.net. The list of hardware sought to replace our ever-increasing damage control report can be found here and can be directly purchased and sent to assist The Air Staff in rebuilding to a more normal operations capability.

This work is licensed under the Creative Commons Attribution-ShareAlike 3.0 United States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-sa/3.0/us/.

unglue.it trying to unglue book on becoming a librarian

The site unglue.it has a few more books they are trying to unglue. One is - So You Want to Be a Librarian. See unglue.it for more details.

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