Controlled Digital Lending for resource sharing: Law and policy since 2018. – YouTube

“For more than a decade, libraries have engaged in a variety of digital lending practices that are now described as controlled digital lending (CDL). But only more recently, in 2018, were the foundational law and policy arguments for the practice of CDL articulated in what has become the widely cited White Paper on Controlled Digital Lending of Library books.” Since that time, the law, policy, and practice of CDL have evolved considerably.

In this session, the presenters—Dave Hansen and Kyle K. Courtney, both lawyers, librarians, and authors of the original CDL white paper—explain the basic framework for CDL. They will review recent developments in CDL law and policy, including integration in library norms such as reserves and interlibrary loan. They also will review international developments and the copyright infringement lawsuit filed by the ‘Big Five’ publishers against Internet Archive for CDL. Speakers: Kyle K. Courtney, Copyright Advisor, Harvard University Dave Hansen, Associate University Librarian for Research, Collections & Scholarly Communications, and Lead Copyright & Information Policy Officer, Duke University…”

Public.Resource.Org Can Keep Freeing the Law: Court Allows Posting Public Laws And Regulations Online | Electronic Frontier Foundation

“As part of its ongoing work to ensure that people can know and understand the laws they live under,, a nonprofit organization, on Thursday vindicated its ability to publicly post important laws online in standard formats, free of copy protections and cumbersome user interfaces.

The win for Public Resource—represented by the Electronic Frontier Foundation (EFF) with co-counsel Fenwick & West and David Halperin—in the U.S. District Court for the District of Columbia reinforces the critical idea that our laws belong to all of us, and we should be able to find, read, and comment on them free of registration requirements, fees, and other roadblocks….”

Ending a Long Fight, Georgia Makes Annotated Code Free Online | Daily Report

“After years of litigation, the state of Georgia has made its annotated legal code available for free online….

In a 2020 opinion captioned Georgia v., the U.S. Supreme Court held that annotations in the Official Code of Georgia Annotated are not subject to copyright protections….

Hundreds of law students, small firms, sole practitioners and legal educators urged the U.S. Supreme Court to eliminate copyright protection for state annotated codes of law and certain other state and local legal materials. The case was unusual because both parties and all of the friends of the court urged the justices to review it for different reasons.

Georgia focused on the “government edicts” doctrine, a judicially created exception to copyright protection for certain works that have the force of law. The annotated code contains summaries of judicial decisions and state attorney general opinions. The code without annotations was already free to the public.


The Supreme Court held that, under the “government edicts doctrine,” the annotations contained in the Official Code of Georgia Annotated (OCGA) were not copyrightable….”

New Project Will Unlock Access to Government Publications on Microfiche – Internet Archive Blogs

“Government documents from microfiche are coming to based on the combined efforts of the Internet Archive, Stanford University Libraries, and other library partners. The resulting files will be available for free public access to enable new analysis and access techniques. 

Microfiche cards, which contain miniaturized thumbnails of the publication’s pages, are starting to be digitized and matched to catalog records by the Internet Archive. Once in a digital format and preserved on, these documents will be searchable and downloadable by anyone with an Internet connection, since U.S. government publications are in the public domain….

The collection includes reports from the Environmental Protection Agency (EPA), NASA, the Department of Interior, and other government agencies from the 1970s to the present. There are also transcripts of congressional hearings and other Congressional material that contain discussion of potential laws or issues of concern to the public, Jacobs said….

Microfiche is not a format that can be easily read without using a machine in a library building. Many members of the public are not aware of the material available on microfiche so the potential for finding and using them is heightened once these documents are digitized. And as the information is shared with other federal depository libraries, there will be a ripple effect for researchers, academics, students, and the general public in gaining access….”

The MIT Press and Harvard Law School Library launch new series offering high-quality and affordable law textbooks | The MIT Press

Together, the MIT Press and Harvard Law School Library announce the launch of the Open Casebook series. Leveraging free and open texts created and updated by distinguished legal scholars, the series offers high-quality yet affordable printed textbooks for use in law teaching across the country, tied to online access to the works and legal opinions under open licenses.


Updating the UCI IPAT Fair Use Jurisprudence Project for Fair Use Week 2022

“Last year, in celebration of Fair Use Week, the IPAT clinic took a deep dive into fair use. We looked at every written judicial opinion that discussed fair use from the beginning of 2019 through February 2021, and made them available in a searchable, sortable database with abstracts and commentary and links to copies of every single case. We learned a lot, and the resources we made available were used by many scholars, students, and attorneys across the country….

For Fair Use Week 2022, we’ve returned to the Fair Use Jurisprudence Project to analyze and present another year’s worth of fair use cases. Our first observation is that the rate of fair use activity has continued to increase. We logged 64 opinions discussing fair use in 2021, increasing from 45 in 2020 and 22 in 2019. Go here for the abstracts.  Photographs continue to be the most common type of work at issue in these disputes, with 67 of the 132 total cases from 2019 to 2022 relating to their use. Of course, not all photograph cases come out the same way. Online news sites, web storefronts, bloggers and artists have all claimed fair use as a defense against photograph infringement claims, with varying results….”


The Open Access provision in Dutch copyright contract law

“On 1 July 2015 the Dutch Copyright Contract Act entered into force1 , including the new Art. 25fa of the Dutch Copyright Act that relates to open access.2 This contribution discusses the background to the open access provision and what its introduction means….”


Abstract:  Nonprofits, academic institutions, and educators have collaborated, at all academic levels, to create quality Open Educational Resources (OER) since that term was defined by UNESCO in 2002. These opensource educational materials are in the public domain and published under an open license, meaning that they can be freely copied, used, adapted, and re-shared with the public. They include not only textbooks but supplemental educational materials in various media formats. Their value is such that even federal and state legislatures are taking note and passing laws to incentivize the creation and use of OER in both secondary and higher education. Despite the momentum in academics toward the adoption of open textbooks and supplemental materials, legal academia has been slower to embrace open casebooks. By design, OER offers a great deal of flexibility for educators and the promise of cost savings for academic institutions and students. This paper examines the modern history of casebooks and the OER movement, as well as the various OER platforms ideally suited to create open content for law courses. The authors posit that a greater understanding of OER will give law professors and students a wider range of choice and ownership in course materials.




Home – LawRepositoriesCaucus

“Welcome to the Law Repositories Caucus! The Caucus is a platform neutral group that supports law repositories by providing a community for sharing information and resources. The caucus provides leadership and guidance on repository issues by looking both in and outside of the law library community to disseminate repository innovation and promote the future of repository work. It also provides professional development opportunities for the law repository community.”

Victory on the horizon in the “Free PACER” fight

“The fight to free PACER, the federally managed database of public court records that has sat behind a paywall since its inception, has stretched on for more than a decade now. These efforts may finally pay off in 2022 with a bill poised for the Senate floor that achieves many of the aims of the “free PACER” movement.

The Open Courts Act of 2021 was approved by the Senate Judiciary Committee last month with no recorded opposition, clearing the path for the bill to go to the full Senate. Not only that, nearly all of the committee members have now co-sponsored the legislation — a clear indication of the bill’s popularity. If passed, the Open Courts Act would standardize search and filing mechanisms between different federal courts and eliminate fees for all but the highest-volume users (those who are currently spending more than $25,000 a quarter) and federal agencies….”


Abstract:  The budgets of university libraries in New Zealand are being squeezed by the costs of subscriptions to works necessary for teaching. This article advocates for a different approach to funding such works. Drawing upon experience of developing an open access textbook on the criminal process it is argued that open access publishing is the best way to make the most of the funding that is available for legal research and scholarship. The funding model for academic publishing may need to be recalibrated, but perhaps not radically.

[Open letter to two members of Congress in support of OA for CRS reports]

“Thank you for your ongoing efforts to provide oversight and direction to the Library of Congress and for your service on the oldest continuing joint committee of the U.S. Congress. We respectfully request that you direct the Congressional Research Service to publish all non-confidential CRS Reports online….

Congress has endorsed public availability of non-confidential CRS Reports, as have former CRS employees, civil society, and academics. Indeed, long standing congressional policy 5 6 7 has allowed Members and committees to distribute CRS products to the public over the decades and now directs the CRS to prospectively make the reports publicly available. “Non-current CRS reports,” i.e., reports not published on CRS’s internal website after the 2018 Appropriations law’s enactment date, still have relevance for members of Congress, staff, and the public. These reports provide context for issues under deliberation and illuminate choices made by members of Congress concerning policy questions that still are relevant today. CRS Reports are often cited in significant historical works of scholarship. In fact, the continued relevance of non-current CRS Reports is why, in part, CRS maintains a digitized archive of some reports for use by CRS employees that often are shared with congressional staff….

Congressional Research Service Reports enrich the legislative process and help inform public debate. We appreciate your attention to addressing public availability of non-current CRS Reports and publication of all non-confidential CRS Reports in more flexible formats….” 

“Free PACER” Bill Advances Through Senate Judiciary Unanimously | Fix the Court

“The Senate Judiciary Committee today by voice vote advanced the Open Courts Act (S. 2614), a bill that would modernize the federal judiciary’s case management system and — finally — make access to court filings free for all Americans.

The bill was initially slated for discussion in committee last week, yet Chairman Durbin opted to postpone it for a week to allow for a handful of changes. Though advocates are cheering some and are not so keen on others, none of the amendments substantially alters the bill’s impact or implementation, so strong support of the bill from Fix the Court, and, we believe, other leading nonprofit legal groups, remains….”