Brewster Kahle named to the Library of Congress’ Copyright Public Modernization Committee – Internet Archive Blogs

“The Library of Congress announced that Brewster Kahle, Digital Librarian and founder of the Internet Archive, has been named to the Copyright Public Modernization Committee (CPMC), with a mission to help modernize the technology-related aspects of the U.S. Copyright Office. More specifically the CPMC will support “the development of the new Enterprise Copyright System (ECS), which includes the Office’s registration, recordation, public records, and licensing IT applications, and will be encouraged to help spread awareness of the Library’s development efforts more broadly.”

The thirteen member panel is composed of leaders from the library and university worlds along with representatives from trade organizations representing the recording and publishing industries, and corporate giants Amazon and Warner Media. Kahle, who holds a BS in Computer Science and Engineering from the Massachusetts Institute of Technology, brings decades of experience in digital library issues, and is an inaugural member of the Internet Hall of Fame.  “I am excited to collaborate to help modernize the  U.S. Copyright Office.  Let’s see how far we can get,” says Kahle….”

Delhi HC Might Have Killed Intellectual Liberty

“In what may be a landmark case related to copyright law, Delhi HC ordered online article and book repositories Sci-Hub and Libgen to stop uploading material from thousands of journals controlled by Elsevier, Wiley India and American Chemical Society….”

eBook Licensing in Europe and the Vanishing Library? – LIBER Europe

“This session will explore in depth the acute difficulties faced not just by higher education, but also by public libraries, caused by publishers’ pricing and licensing practices, and discuss possible solutions, including the potential to solve many of the problems with legal solutions in copyright law that allow Controlled Digital Lending….”

Know your rights: the key to eBook access – CILIP: the library and information association

“Maintaining the status quo for public libraries – to build collections, preserve and lend them – is now seen as a radical and frightening mission, according Ben White, PhD researcher at the Centre for Intellectual Property Policy & Management, Bournemouth University and co-founder of KnowledgeRights21. Here he speaks to Rob Mackinlay about why not challenging the methods used by publishers to protect their content will damage not only libraries, but also threatens research and innovation.

“Publishers can’t refuse to sell paper books to libraries, but they can and do refuse to sell them eBooks. And all we want to do is to be allowed to do what we’ve always done, to keep the status quo, to be allowed to build collections, preserve and lend, so it is strange that the solution sounds a bit frightening and radical,” says Ben White who has been immersed in the legal minutiae of intellectual property across Europe for decades….”

A missed deadline: the state of play of the Copyright Directive | Europeana Pro

About two years ago, the Copyright in the Digital Single Market (CDSM) Directive was adopted, obliging European Union Member States to ‘bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2021’. On this date, we take a look at the progress of Member States, and at some of the policy choices they have made.

Is the Pirate Queen of Scientific Publishing in Real Trouble This Time?

“The latest lawsuit, filed in India by three academic publishers, including Elsevier, asks the High Court of Delhi to block access to Sci-Hub throughout the country. While the case is pending, the court has instructed Sci-Hub to stop uploading papers to its database. The order is not unusual; what’s surprising is that Elbakyan has complied. She has a history of ignoring legal rulings, and the Indian court has no power over Sci-Hub’s activities in other countries. So why has she chosen, at this moment, to give in?

One reason is that Elbakyan believes she has a shot at winning the case, and her odds might improve if she plays by the rules. “I want the Indian court to finally support free access to science,” she said. If that happened, it would mark a significant victory for Sci-Hub, with reverberations likely beyond India. Victory remains a longshot, but Elbakyan thinks it’s worth the hassle and expense. She didn’t even bother to contest the two lawsuits in the United States….”

Coyle’s InFormation: Digitization Wars, Redux

“From 2004 to 2016 the book world (authors, publishers, libraries, and booksellers) was involved in the complex and legally fraught activities around Google’s book digitization project. Once known as “Google Book Search,” the company claimed that it was digitizing books to be able to provide search services across the print corpus, much as it provides search capabilities over texts and other media that are hosted throughout the Internet. 

Both the US Authors Guild and the Association of American Publishers sued Google (both separately and together) for violation of copyright. These suits took a number of turns including proposals for settlements that were arcane in their complexity and that ultimately failed. Finally, in 2016 the legal question was decided: digitizing to create an index is fair use as long as only minor portions of the original text are shown to users in the form of context-specific snippets. 

We now have another question about book digitization: can books be digitized for the purpose of substituting remote lending in the place of the lending of a physical copy? This has been referred to as “Controlled Digital Lending (CDL),” a term developed by the Internet Archive for its online book lending services. The Archive has considerable experience with both digitization and providing online access to materials in various formats, and its Open Library site has been providing digital downloads of out of copyright books for more than a decade. Controlled digital lending applies solely to works that are presumed to be in copyright. …”

Free to Use and Reuse: The Photographs of Bernard Gotfryd | Library of Congress Blog

“The photographs of Bernard Gotfryd, now free for anyone to use from the Library’s collections, are a remarkable resource of late 20th-century American pop-culture and political life, as he was a Newsweek staff photographer based in New York for three decades.

In his work, you’ll find film stars such as Dustin Hoffman on the set of “Midnight Cowboy,” novelists, painters, singers and songwriters, politicians at podiums and any number of passionate people at street protests. Gotfryd, who died in 2016 at the age of 92, left the bulk of his photographs to the Library and designated that his copyright should expire at his death….”

PIJIP and Wikimedia Germany Co-Host RightsCon 2021 Panel – American University Washington College of Law

“PIJIP Director Sean Flynn co-hosted a panel titled Access to Digital Education in the Time of COVID-19: Copyright and Public Health Emergencies as part of RightsCon 2021. He hosted the discussion with Justus Dreyling, the project manager of international regulation with Wikimedia Germany.

The panel focused on the impact of inadequate copyright rules on access to and use of educational materials in digital setting as well as how new legal instruments at the international level could solve these problems and facilitate access to knowledge….”