Louisiana State University Files Suit Against Elsevier; Elsevier Has Not Accepted Service

 Posted by on May 2, 2017  Comments Off on Louisiana State University Files Suit Against Elsevier; Elsevier Has Not Accepted Service
May 022017
 

Krista Cox, Association of Research Libraries, Link (CC-BY)

On February 27, 2017, Louisiana State University (LSU) filed a lawsuit against international science publisher Elsevier after the publisher breached its contract and refused to allow LSU’s veterinarian school faculty and students to access Elsevier content licensed by LSU’s Libraries. ARL’s press release is available here. Continue reading »

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Feb 282017
 

[Reposted from Assoc. of Research Libraries, Link (CC-BY)] The fourth annual Fair Use/Fair Dealing Week took place February 20–24, 2017, growing to 140 organizations—as well as numerous individuals—celebrating the important and flexible doctrines of fair use and fair dealing. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, libraries, library associations, and many other organizations, such as Authors Alliance, Creative Commons, the Electronic Frontier Foundation, Public Knowledge, the R Street Institute, and Re:Create. Forty-five ARL member institutions contributed a wide range of resources this year. Fair Use/Fair Dealing Week was observed worldwide, with participants in such countries as Australia, Canada, Colombia, Israel, Korea, the Netherlands, New Zealand, and the United States. Continue reading »

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USPTO Hosts Unbalanced Global Intellectual Property Academy Copyright Seminar

 Posted by on October 25, 2016  Comments Off on USPTO Hosts Unbalanced Global Intellectual Property Academy Copyright Seminar
Oct 252016
 

krista cox[Cross posted from ARL Policy Notes, Link] Several weeks ago, the United States Patent and Trademark Office (USPTO) hosted a copyright seminar at its Global Intellectual Property Academy for two dozen intellectual property officials primarily from countries in Latin America, Asia, and Africa. While the first several days involved an “overview” of copyright and mostly time with United States government officials, September 22 was labeled “Industry Day.” The speaker list revealed a very heavy focus on rightholders, in several cases the panels did not have any voices advocating for the importance of consumers and the role of limitations and exceptions in copyright law. Continue reading »

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Google Wins Another Fair Use Case

 Posted by on May 31, 2016  Comments Off on Google Wins Another Fair Use Case
May 312016
 

arl[Cross posted from Association of Research Libraries blog, Link (CC-BY)] On May 26, 2016, a jury returned a verdict in favor of Google in its battle against Oracle.  Oracle brought suit claiming that Google infringed  by using Java application programming interface (API) in Android’s mobile operating system.  Google argued that its use of the code in the Android system, which relies partly on Java (an open source code that was acquired by Oracle in 2010), was fair use. Continue reading »

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Mar 042016
 

krista cox[Reposted from the Association of Research Libraries Policy Notes, Link (CC-BY)] On February 22–26, 136 organizations and numerous individuals participated in Fair Use/Fair Dealing Week 2016, an annual celebration of the important—and flexible—doctrines of fair use and fair dealing. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, libraries, library associations, and many other organizations, such as Creative Commons, the Electronic Frontier Foundation, Public Knowledge, the R Street Institute, Re:Create, and Wikimedia. Continue reading »

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Infographic Shows Fair Use’s Importance in a Day in the Life of a College Student

 Posted by on February 23, 2016  Comments Off on Infographic Shows Fair Use’s Importance in a Day in the Life of a College Student
Feb 232016
 

fair-use-in-a-day-in-the-life-of-a-college-student-infographic-140x105[Association of Research Libraries, Link (CC-BY)]  In conjunction with Fair Use/Fair Dealing Week 2016, ARL is releasing an infographic that shows how a college student relies on fair use numerous times in a typical day. Fair use and fair dealing are vitally important rights for everybody, everywhere—students, faculty, librarians, journalists, and all users of copyrighted material. These doctrines provide balance to the copyright system by allowing the use of copyrighted resources without permission from the rightholder under certain circumstances, thereby promoting creative progress and accommodating freedom of expression. Continue reading »

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Oct 152015
 

arlCross posted form ARL Policy Notes, Link (CC-BY)

On October 5, 2015, the twelve trade ministers of the TPP negotiating parties (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States) announced that they had come to an agreement on the large regional trade agreement that had been under negotiations for the past five years.

While the agreement has been criticized for a number of reasons, it is important to recognize the areas where the agreement has improved from the initial proposals made by the United States in February 2011. Civil society, technology companies and academics have participated throughout the negotiating process to improve the language of the final text and many of these efforts are reflected in the agreement. Continue reading »

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New Issue Brief on Fair Use in Text and Data Mining

 Posted by on June 15, 2015  Comments Off on New Issue Brief on Fair Use in Text and Data Mining
Jun 152015
 

arlThe Association of Research Libraries has a new issue brief on fair use in text and data mining.  The brief describes the role and usefulness of text and data mining, a short background on fair use, and analysis of fair use, including eight cases that support the use of fair use in text and data mining.

This brief is available here.

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Jun 082015
 

krista-cox[Reposted from ARL, Link (CC-BY)] On June 4, 2015, the Copyright Office released its Report on Orphan Works and Mass Digitization, including recommendations for legislation on orphan works and the creation of an extended collective licensing (ECL) regime for mass digitization. This post focuses only on the Copyright Office’s recommendations on orphan works.  This blog post is also available as an issue brief here. Continue reading »

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Fair Use Week

 Posted by on February 22, 2015  Comments Off on Fair Use Week
Feb 222015
 

arlThis week is Fair Use Week! There are a number of great activities lined up across organizations and institutions, including live panels and workshops, webcasts, blog posts, videos and chats/AMAs.

I’m happy to announce that the website is now live where you can read posts, find great resources, and see the calendar of events. This site will be updated as folks add posts and videos as well as new events. You can visit the site here: http://fairuseweek.org/

 

 

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The Intellectual Property Chapter of the Trans-Pacific Partnership Agreement and Investment in Developing Nations

 Posted by on November 10, 2014  Comments Off on The Intellectual Property Chapter of the Trans-Pacific Partnership Agreement and Investment in Developing Nations
Nov 102014
 

krista-coxUniversity of Pennsylvania Journal of International Law, Vol. 35, No. 4, 2014.

Abstract:   The United States has some of the highest standards of intellectual property protection in the world, though many copyright and patent laws in the United States are limited through balancing provisions that provide exceptions to the exclusive rights conferred by the intellectual property system. The United States has engaged in efforts to raise intellectual property standards worldwide through creation of new global norms, such as through negotiations of free trade agreements like the currently negotiated Trans-Pacific Partnership Agreement. Higher levels of intellectual property protection be unnecessary to attract investment in developing countries. In fact, increasing intellectual property standards may actually result in negative impacts on development for low- and middle-income countries. This paper examines the role of intellectual property rules in attracting investment for developing countries.

 

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In Georgia State University E-Reserves Case, Eleventh Circuit Endorses Flexible Approach to Fair Use

 Posted by on October 21, 2014  Comments Off on In Georgia State University E-Reserves Case, Eleventh Circuit Endorses Flexible Approach to Fair Use
Oct 212014
 

krista-coxReposted from Association of Research Libraries’ Policy Notes blog, Link, CC-BY

On Friday, October 17, 2014, the Eleventh Circuit released its long-awaited decision in the Georgia State University (GSU) e-reserves case.Some key takeaways from the majority opinion include:

  • Affirms that fair use is applied on a case-by-case basis;
  • Rejects bright-line rules, such as using a ten-percent-or-one-chapter rule to allow fair use (a rule that the district court adopted);
  • Affirms that even if a use is non-transformative, a nonprofit educational purpose can still favor fair use;
  • Rejects the coursepack copying cases as applicable;
  • Finds that a publisher’s failure to offer a license will tend to weigh in favor of fair use in terms of the fourth fair use factor; and
  • Gives weight to a publisher’s incentive to publish, rather than focusing on the author’s incentive to create.

Continue reading »

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