Intellectual Property

Intellectual Property

Authors Guild finds author of so-called “orphaned work” in just two minutes

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.

Full blog post

Violate Terms & Conditions, Get Indicted

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. (h/t Evan Prodromou and Dave Winer) (Update at 1641 Eastern: The Register has reporting here)

Research Libraries See Google Decision as Just a Bump on the Road

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

Open letter to Cory Doctorow

A letter to Cory Doctorow asking him to allow purchasers of his ebooks to OWN them.

copyright?

http://www.copyright.org.au/news-and-policy/details/id/1892/ 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?

Konomark

Read about the Konomark here.

Disney's New Ad Campaign was Ripped Off From Another Company

“DAVID vs. GOLIATH” A SMALL CALIFORNIA BUSINESS AGAINST THE GIANT DISNEY EMPIRE The legendary tale of “David vs. Goliath” has inspired countless “little guys” to take on the world “giants.” Today many small businesses must contend with the business “Goliaths” who have more money, more influence and more lawyers. These business “Davids” must stand firm, and hold their ground, or risk extinction. In this updated version of that classic battle, “David” is a little-known California company called “Let the Memories Begin photo booths” versus a well-know “Goliath”, “Disney.” By now, anyone with a television or computer has either seen or heard Disney’s new park promotion to help celebrate Walt Disney World’s 40th Anniversary in 2011. It’s called, ‘Let the Memories Begin’ and designed to put park guests in the spotlight; and hopefully bring more of them into the parks. The promotion features snapshots and home videos of real guests during their stays at a Disney park. “A Disney vacation is the perfect way to create family memories that will last a lifetime,” said Tom Staggs, chairman of Walt Disney Parks and Resorts. “We’ll spotlight those ‘only-at-Disney’ moments with family and friends during our ‘Let the Memories Begin’ campaign.”

Costco, Omega and Libraries

The Library Copyright Alliance today released “The Impact of the Supreme Court’s Decision in Costco v. Omega on Libraries.” Prepared by Jonathan Band, the concise, informative paper examines the much-discussed Costco v. Omega non-decision, which left in place a controversial 9th Circuit ruling that could have significant consequences for library lending practices.

Read the Press Release here. Includes a link to the paper.

Pirate Central

LISTen: An LISNews.org Podcast -- Episode #131

This week's episode brings some quick hits and references WikiLeaks.

Related links:

Publishers, Libraries & Booksellers Await Supreme Court Decision in Key Copyright Case

The Supreme Court this week heard oral arguments in a copyright case that publishers say holds major implications for their businesses—even though the case doesn’t involve books. In Costco Wholesale Corporation v. Omega, S.A, the court will decide whether retail giant Costco can re-sell copyright-protected, foreign-made Omega wristwatches exclusively licensed for sale abroad in the U.S. market. But wristwatches aside, the copyright case holds larger implications for the publishing industry, as well as for libraries and booksellers, as it could also apply to the sale and importation of foreign-made editions.

The conflict began after Costco purchased Omega watches from third parties overseas which had legally acquired the watches from licensed Omega dealers. Costco then imported and sold the foreign-made watches in the U.S. at a steep discount, exploiting the foreign price differential. Omega watches, however, are subject to copyright, and after authorized Omega dealers in the U.S. complained about Costco’s price-cutting tactics, Omega sued to enjoin Costco from selling the foreign watches.

Full article at Publisher's Weekly

Why offshore ebook customers are so often frustrated

Publishing consultant Mike Shatzkin

Taxonomy upgrade extras: 

Sign Up for On-Line Summit--eBook: Libraries at the Tipping Point

Sign up for a day-long virtual conference to be held on Wednesday Sept 29 from 10am - 6pm EDT--eBooks: Libraries at the Tipping Point, a unique online conference that explores the way the digital world is changing books and how these changes are reshaping the way we produce, distribute, and consume them.

This event will offer librarians, technology experts, publishers, and vendors a glimpse into the future of libraries with keynote speeches, special tracks, and an exciting exhibit area. Don’t miss this opportunity to investigate the evolving role of libraries in the twenty-first century!

Librarians and library administrators will learn about current best practices for library eBook collections and explore new and evolving models for eBook content discovery and delivery. Publishers and content creators will learn how to effectively identify and develop the ‘right’ content offerings for each segment of the relatively untapped library eBook market. ebook platform vendors and device manufacturers will learn just what libraries need and want in this rapidly changing environment. It's a party and everyone's invited!!

FOUR SPECIAL TRACKS:

An Un-'Common' Take On Copyright Law

Piece on NPR about the book Common as Air: Revolution, Art, and Ownership.

Excerpt: Some people believe that not only are current copyright laws too stringent, but that the assumptions the current laws are based on are artificial, illogical and outdated.

Among them is Lewis Hyde, a professor of art and politics who has studied these issues for years. In his new book Common As Air, Hyde says he's suspicious of the concept of "intellectual property" to begin with, calling it "historically strange." Hyde backs it up with an impressive amount of research; he spends a significant amount of time reflecting on the Founding Fathers, who came up with America's initial copyright laws.

Hyde is a contrarian, but he's not a scorched-earth opponent of all copyright laws.

Full story here

Now legal in the U.S.: Jailbreaking your iPhone, ripping a DVD for educational purposes

It’s no longer illegal under the DMCA to jailbreak your iPhone or bypass a DVD’s CSS in order to obtain fair use footage for educational purposes or criticism. These are the new rules that were handed down moments ago by the U.S. Copyright Office. This is really big. Like, really big.

[Full article at TechCrunch]

Rarities and B-Sides...and Copyright, Besides

David Pogue has an interesting opinion piece in the New York Times regarding amateur scanning and archiving of sheet music on the internet...which, naturally, brings up copyright issues. It also touches on whether or not the past generations of information professionals have done as good a job as they should have in preserving non-book materials.

The Perils of Automatic Copyright Protection

A cautionary tale about copyright, and the <a href="http://blogs.sos.wa.gov/library/index.php/2010/04/the-perils-of-automatic-copyright-protection/">automated systems that enforce it</a>. If you post a video on YouTube, using one of their very own video creation tools, don't you expect it to go up and be viewable without any problems? Because of YouTube's Content ID system, it might not be so easy ... Read the full story <a href="http://blogs.sos.wa.gov/library/index.php/2010/04/the-perils-of-automatic-copyright-protection/">here</a>.

Publisher misses out on e-book rights

<a href="http://marketplace.publicradio.org//display/web/2010/04/26/pm-publisher-misses-out-digital-e-book-rights/?refid=0&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+APM_Marketplace+%28APM%3A+Marketplace%29">A dead author </a>is making a big splash in the publishing industry. William Styron wrote towering works of literature -- "Sophie's Choice" among them. Styron died four years ago. His work is about to be published as electronic books. But the author's long-time publisher will not be collecting the profits.

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