Digital Library of Georgia Reaches Milestone of 2 Million Pages of Historic Georgia Newspaper Digitized Online | UGA Libraries

“The Digital Library of Georgia has made its 2 millionth digitized and full-text- searchable historic newspaper page available freely online. The title page of the May 27, 1976 issue of the Augusta News-Review will become the 2

millionth page digitized by the Digital Library of Georgia. The newspaper, published by Mallory Millender from 1971 to 1985, identified itself as a “community paper with a predominantly Black readership” that presented the issues of the Central Savannah River Area (CSRA) from a “Black perspective.” The digitization of the title was made possible by Georgia Public Library Service. …”

How Academic Pirate Alexandra Elbakyan Is Fighting Scientific Misinformation

“In the decade since Alexandra Elbakyan founded Sci-Hub, science’s so-called “pirate queen” has amassed more than 85 million full-text research articles, which she’s made available, for free, to anyone who can track down her custom search engine. …

In the swirling chaos of the pandemic—and a new, or at least newly-acknowledged, era of digital disinformation—Sci-Hub kicked into overdrive. Its number of daily users has grown 20 percent, from 500,000 to 600,000, according to Elbakyan. During lockdown, people accessed articles about COVID-19 10 to 100 times more often than articles about other diseases. …”

Competition and Innovation Bill Includes New Tools to Target Chinese Trade Cheating, Spur U.S. Research and Manufacturing | U.S. Senator Ron Wyden of Oregon

“The package also includes a provision originally authored by Wyden and supported by Sen Rand Paul, R-Ky., requiring open access to federally funded research within 12 months of that research being published in peer-reviewed journals.

“Taxpayer-funded research shouldn’t be locked away behind expensive paywalls – it should be open to researchers to spur new innovation and scientific advances. Our provision will help ensure more researchers benefit from work paid for by the American public,” Wyden concluded….”

SPARC Statement on Public Access Provisions in the U.S. Innovation and Competition Act – SPARC

“We are pleased to see the U.S. Senate endorse language that strongly supports providing faster access to taxpayer-funded research results with today’s passage of the U.S. Innovation and Competition Act (S. 1260). 

Section 2527 of the bill, formerly the Endless Frontier Act, (titled “Basic Research”) includes language originally written by Senator Wyden and supported by Senator Paul that directs federal agencies funding more than $100 million annually in research grants to develop a policy that provides for free online public access to federally-funded research “not later than 12 months after publication in peer-reviewed journals, preferably sooner.” 

The bill also provides important guidance that will maximize the impact of federally-funded research by ensuring that final author manuscripts reporting on taxpayer funded research are:

Deposited into federally designated or maintained repositories;
Made available in open and machine readable formats; 
Made available under licenses that enable productive reuse and computational analysis; and
Housed in repositories that ensure interoperability and long-term preservation. …”

Open Scholarship Support Guide.pdf(Shared)- Adobe Document Cloud

“Steps to Support Open Scholarship

Open scholarship entails a culture shift in how research is conducted in universities. It requires action on the part of university administration, working in concert with faculty, sponsors and disciplinary communities.  Universities should consider steps in three areas:

•  Policies:  Language and guidance should be reviewed for alignment with open scholarship, in particular: (1) academic hiring, review, tenure and promotion (valuing diverse types of research products; metrics that  incentivize the open dissemination of articles, data, and other research outputs; and valuing collaborative research); (2) intellectual property (ownership, licensing and distribution of data, software, materials and publications); (3) research data protection (for data to be stored and shared through repositories); (4) attribution (recognizing full range of contributions);  and (5) privacy (insuring that privacy obligations are met). 

•  Services and Training:  Researchers need support to assure that data and other research objects are managed according to FAIR Principles: findable, accessible, interoperable and reusable.  While the specific solution must be tailored to the discipline and research, common standards, including Digital Object Identifiers (DOIs), must be followed.

•  Infrastructure:  Archival storage is required for data, materials, specimens and publications to permit reuse.  Searchable portals are needed to register research products where they can be located and accessed. Universities can recognize efficiencies by utilizing external resources (including existing disciplinary repositories) and by developing shared resources that span the institution when external resources do not exist.

Presidents and provosts are encouraged to work with their academic senates to create an open scholarship initiative that promotes institution-wide actions supporting open scholarship practices, while remaining sufficiently flexible to accommodate disciplinary differences and norms….”

Google v. Oracle: Takeaways for Software Preservation, Cultural Heritage, and Fair Use Generally (2021 Reflection) | Software Preservation Network (SPN)

“On April 5, 2021, the Supreme Court issued its opinion on the long-running litigation between Oracle and Google over the reuse of aspects of Oracle’s Java programming framework in Google’s Android mobile operating system. The majority opinion, written by Justice Breyer and joined by five of his fellow justices (Chief Justice Roberts, and Justices Kagan, Sotomayor, Kavanaugh, and Gorsuch), sided with Google, saying its use was lawful because it was protected by fair use. Justice Thomas wrote a dissent, joined only by Justice Alito, arguing that Google’s use was infringing. The newest Justice, Amy Coney Barrett, did not participate in the arguments or decision of the case as it predated her joining the Court. More background on the case can be found in my earlier blog post for SPN summarizing the oral arguments.

Justice Breyer’s opinion is already a landmark for the reasons I laid out there: it is the first Supreme Court opinion to address fair use in nearly thirty years—the last one was Campbell v. Acuff-Rose in 1994. And it is the first Supreme Court opinion to address copyright’s protection for software—ever. And now we know that the opinion will be a milestone for another reason: it is a confident, erudite treatment of the issue by a Justice who has been thinking about copyright and software for more than half a century. As a law professor, Stephen Breyer earned tenure at Harvard based on his 1970 article, “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs.” The opinion is thus a very happy coincidence: a thorny and consequential issue confronted by a subtle and experienced thinker. The results are quite encouraging for software preservation and for cultural heritage institutions and fair users generally….”

A Public Service Role For Digital Libraries: The Unequal Battle Against (Online) Misinformation Through Copyright Law Reform And The Emergency Electronic Access To Library Material by Argyri Panezi :: SSRN

Abstract:  This article analyzes the role of copyright doctrine and case law in preserving the institutional function of libraries—both on- and offline—as trusted and, in principle, neutral hubs equalizing access to credible information and knowledge in societies with structural inequalities. In doing so it examines the ongoing Hachette v. Internet Archive litigation before the US District Court of the Southern District of New York in the context of earlier copyright cases, finding that there is a persistent need for electronic access to library material online.

Libraries have traditionally served an important role as reserved spaces for legally permissible distribution of books outside of markets. Copyright law, however, has the potential to hinder the fuction of libraries and other cultural heritage institutions particularly in equalizing access to knowledge. While there exist some exceptions and limitations that partially alleviate this, their applicability in the digital environment is still contested. Two novel challenges are interfering: first, an unmet and contentious need for emergency access to electronic library material to be granted online, and second, the need to counteract historical biases and misinformation, both of which multiply when spread within a hyper-connected and digitized society. In order to ensure electronic access to credible information and knowledge, policymakers must address these challenges strategically and reassess the needs of subjects and institutions that are currently subject to copyright exceptions.

Hachette v. Internet Archive follows a string of copyright cases that involved challenges to digitization without permission and to providing electronic access to digitized library material. The plaintiffs in Hachette v. Internet Archive, four publishers, brought copyright claims against the Internet Archive for the latter’s operation of a “National Emergency Library” within the context of the COVID-19 pandemic. The case introduces a new dimension to existing debates around electronic access to library material, particularly around e-lending, raising the question: Can emergencies justify additional exceptions to copyright laws covering electronic access to library material, and if so, under what circumstances?

After analyzing the relevant settled case law and the ongoing litigation against the Internet Archive and then looking back into the history of and rationale for copyright laws, the article advances a normative claim—that copyright should provide better support to libraries and digital libraries in particular (broadly defined) as the institutional safeguards of our literary treasures. Libraries have a public service mandate to preserve, curate, and provide access to a plurality of original and authoritative sources, and thus ultimately aspire not to compete in the marketplace but to become trusted hubs that equalize access to knowledge. In the context of a society currently struggling to fight historical biases and (online) misinformation, providing libraries with the legal support needed to fulfill this mandate will enable them to more effectively safeguard and provide equal access to (at least relatively) credible information and knowledge, including in the digital environment.

Libraries, National Emergencies, and Access to Credible Information: Are we protecting libraries’ multiple roles during emergencies? | Authors Alliance

“On June 1, 2020, four publishing houses, Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC, filed before the US District Court for the Southern District of New York a copyright infringement action against the Internet Archive for the Archive’s operation of what it called a “National Emergency Library” (NEL) after the first US shelter-in-place orders in response to the COVID-19 pandemic. Indeed, on March 24, 2020, the Internet Archive had announced the launch of a temporary online NEL to support “emergency remote teaching, research activities, independent scholarship, and intellectual stimulation while universities, schools, training centers, and libraries were closed due to COVID-19.” In their announcement the Archive called on authors and publishers to support the effort, which would ensure “temporary access to their work in this time of crisis.” It provided an opt-in option for authors who wanted to donate their book(s) to the NEL, and an opt-out option for authors who wanted to remove their book(s) from the NEL….

In my recent article, A Public Service Role for Digital Libraries: The Unequal Battle Against (Online) Misinformation Through Copyright Law Reform and the Emergency Electronic Access to Library Material (forthcoming, 31 Cornell J.L.& Pub. Pol’y_ _ (2021)), I examine the ongoing Hachette v. Internet Archive litigation, placing it in the context of earlier US copyright case law that deals with the digitization or the making available of copyrighted works for educational, research, and other purposes (notably: Authors Guild v. Google, Authors Guild v. HathiTrust, and Cambridge University Press v. Becker). There is also a global debate focusing on similar issues, apparent, for example, in similar cases brought before courts in Europe (Technische Universität Darmstadt v. Eugen Ulmer KG and Vereniging Openbare Bibliotheken v. Stichting Leenrech), India (University of Oxford v. Rameshwari Photocopy Service), and Canada (CCH Canadian Ltd v. Law Society of Upper Canada and the recent York University v. Access Copyright)….”

AAP Vows to Protect Copyright from All Challengers

“Challenges to copyright protection are also happening at the state level, Pallante warned, where library lobbyists and “tech-funded” special interest groups are working to “divert copyright protection away from Congress to state assemblies,” an apparent reference to Maryland’s passage of a law late last week that would force publishers to make any digital content they license to consumers available as “an electronic literary product” to public libraries in the state “on reasonable terms.” The AAP opposed the law, and in her remarks, Pallante argued that these state efforts “are clearly preempted by the express language of the federal Copyright Act,” while also spinning a “false narrative.”

Pallante said libraries are an important part of the publishing ecosystem, but added that, “authors, publishers, and bookstores also have policy equities, which is why Congress enacted a singular cohesive federal copyright system that has address the ownership and sale of books since 1790.” She also hit back against what she said are lobbyists pushing states to fund open educational resources “through ugly misinformation campaigns aimed at publishers” and designed to replace publishers’ materials.

In a final point about copyright, Pallante said that the lawsuit the association filed a year ago against the Internet Archive for copying 1.3 million scans of books is still in discovery, but said the IA’s activities “are well outside the boundaries of both the law and copyright commerce, and ultimately pose an existential threat to the copyright framework on which authors and publishers rely.”…”