Clinic Files Law Scholar Briefs, Supporting Public.Resource.Org | Cyberlaw Clinic

“On Friday, November 22, 2019, the Cyberlaw Clinic and local counsel Marcia Hofmann filed amicus briefs in the United States District Court for the District of Columbia in two related cases, ASTM v. Public.Resource.Org (.pdf), and AERA v. Public.Resource.Org (.pdf). The cases involve copyright infringement claims brought by standards development organizations (SDOs) against Public.Resource.org. The cases are back before the United States District Court for the District of Columbia on remand from the United States Court of Appeals for the District of Columbia Circuit. The core issue in front of the Court is whether PRO’s provision of free online access to codes that were developed by the plaintiffs — but incorporated by reference into binding law — constitutes fair use….”

Law and Literacy in Non-Consumptive Text Mining: Guiding Researchers Through the Landscape of Computational Text Analysis

“Imagine you are working with two digital humanities scholars studying post-WWII poetry, both of whom are utilizing a single group of copyright-protected works. The first scholar has collected dozens of these poems to closely analyze artistic approach within a literary framework. The second has built a personal database of the poems to apply automated techniques and statistical methods to identify patterns in the poems’ syntax. This latter methodology—in which previously unknown patterns, trends, or relationships are extracted from a collection of textual documents—is an example of “computational text analysis” (CTA),2 also commonly referred to as “text mining” or “text data mining.”3 …”

New Resource on Law and Literacy in Non-Consumptive Text Mining | Authors Alliance

“Scholars are increasingly using text data mining to uncover previously unknown patterns, trends, or relationships from a collection of textual documents. In doing so, many of these researchers may be accessing, building, working with, and sharing materials without understanding the legal implications of their actions. In their newly released chapter, Law and Literacy in Non-Consumptive Text Mining: Guiding Researchers Through the Landscape of Computational Text Analysis (in Copyright Conversations: Rights Literacy in a Digital World), Rachael G. Samberg and Cody Hennesy analyze the legal issues that can arise when researchers are engaged in text data mining and provide guidance on how to approach these issues….”

Canadian copyright report: Let’s wait and see how upload filters and press publishers rights will fail. – International Communia Association

“Last week the Canadian Parliament’s Standing Committee on Industry, Science and Technology (INDU) released a report with 36 recommendations to reform Canadian copyright law. Under Canadian law the committee is required to review the Canadian copyright statutes every five years and the report presented now is the outcome of such a review. While this means that it is relatively unlikely that many of the recommendations contained in the report will result in immediate legislative actions (the government is not required to act on them) the report is nevertheless interesting as it contains a number of recommendations that go in the opposite direction of the changes that the DSM directive will bring to copyright in the European Union (for a full overview of the recommendations see Michael Geist’s summary).

After a year-long study that includes a public consultation and a number of committee hearings on a wide variety of issues, the INDU committee has come to the conclusion that there is a lack of evidence for both a DSM-style press publishers right and for changes to the liability position of platform intermediaries as foreseen in Article 17 of the DSM directive. While Canadian rightsholders argued for the necessity of such interventions, they failed to convince the committee of the merits for these provisions….”

The Authoritative Canadian Copyright Review: Industry Committee Issues Balanced, Forward-Looking Report on the Future of Canadian Copyright Law – Michael Geist

In December 2017, the government launched its copyright review with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. After months of study and hundreds of witnesses and briefs, the committee released the authoritative review with 36 recommendations that include expanding fair dealing, a rejection of a site blocking system, and a rejection of proposals to exclude education from fair dealing where a licence is otherwise available. The report represents a near-total repudiation of the one-sided Canadian Heritage report that was tasked with studying remuneration models to assist the actual copyright review. While virtually all stakeholders will find aspects they agree or disagree with, that is the hallmark of a more balanced approach to copyright reform.

This post highlights some of the most notable recommendations in the report that are likely to serve as the starting point for any future copyright reform efforts. There is a lot here but the key takeaways on the committee recommendations:

  • expansion of fair dealing by making the current list of fair dealing purposes illustrative rather than exhaustive (the “such as” approach)
  • rejection of new limits on educational fair dealing with further study in three years
  • retention of existing Internet safe harbour rules
  • rejection of the FairPlay site blocking proposal with insistence that any blocking include court oversight
  • expansion of the anti-circumvention rules by permitting circumvention of digital locks for purposes that are lawful (ie. permit circumvention to exercise fair dealing rights)
  • extend the term of copyright only if ratifying the USCMA and include a registration requirement for the additional 20 years
  • implement a new informational analysis exception
  • further study of statutory damages for all copyright collectives along with greater transparency
  • adoption of an open licence rather than the abolition of crown copyright….”

UW Faculty Senate votes to support UW Libraries bargaining and licensing priorities in scholarly journal subscription negotiations — UW Libraries

On May 16, the UW Faculty Senate voted unanimously to approve a Class C Resolution expressing its support for the UW Libraries Licensing Principles and bargaining priorities in upcoming journal package negotiations with major journal publishers. The legislation, sponsored by the Faculty Council on University Libraries, endorses the Libraries’ negotiation and licensing priorities and voices support for:

  • Bringing down subscription costs and increases to a sustainable level that will not imperil other collection and service needs
  • Ending non-disclosure agreements to allow the Libraries to disclose their contractual terms and permit greater market transparency
  • Allowing interlibrary loan to facilitate resource sharing
  • Protecting the rights of users to share articles with students and colleagues
  • Ensuring the privacy and data security of all users
  • Protecting the ability of students and researchers to continue to access journals and articles
  • Supporting the University’s Open Access policies by allowing re-use and embargo-free deposit rights and protecting researchers’ copyright in their own research
  • Enabling greater market flexibility and responsiveness by negotiating contracts on a 3-year basis
  • Providing equitable service and access to information for all our library users….”

Can the law be copyrighted? | TechCrunch

UpCodes wants to fix one of the building industry’s biggest headaches by streamlining code compliance. But the Y Combinator-backed startup now faces a copyright lawsuit filed against it by the International Code Council, the nonprofit organization that develops the code used or adopted in building regulations by all 50 states….

UpCodes’ first product, an online database, gives free access to codes, code updates and local amendments from 32 states, as well as New York City. For building professionals and others who want more advanced search tools and collaboration features, UpCodes sells individual and team subscriptions. In 2018, UpCodes released its second product, called UpCodes AI. Described as a “spellcheck for buildings,” the plug-in scans 3D models created with building information modeling (BIM) data and highlights potential errors in real time….

It argues that its use of building codes is covered by fair use. The ICC, on the other hand, claims that products like UpCodes’ database harm its ability to make revenue and continue developing code. The ICC wants UpCodes to take down the building code on which it claims copyright, and has also sued for damages….”

“Revisiting Controlled Digital Lending Post-ReDigi” by Michelle M. Wu

Abstract:  Now that the Second Circuit has ruled on the ReDigi appeal, some libraries and users may be curious to see how the decision factors into controlled digital lending (CDL) efforts. To understand the interest and the implications, we first need to establish the basic contours of copyright, fair use, CDL, and ReDigi.

Revisiting Controlled Digital Lending Post-ReDigi by Michelle M. Wu :: SSRN

Abstract:  Now that the Second Circuit has ruled on the ReDigi appeal, some libraries and users may be curious to see how the decision factors into controlled digital lending (CDL) efforts. To understand the interest and the implications, we first need to establish the basic contours of copyright, fair use, CDL, and ReDigi.

Statement on Flawed Theory of “Controlled Digital Lending”

” The Association of American Publishers has reviewed the 2018 documents authored by David R. Hansen and Kyle K. Courtney on the subject of unauthorized library copying for the purpose of digital transmission of entire books to the public. These documents (collectively the “White Paper”) argue that libraries engaging in this activity do not infringe copyright in literary works because such copying and transmission falls within the fair use and first sale doctrines under the invented theory and White Paper definition of “controlled digital lending” (“CDL”).

AAP strongly disagrees with the analysis of the White Paper and its call to libraries to copy and transmit copies of entire books to the public in disregard of the law. CDL not only rationalizes what would amount to systematic infringement, it denigrates the incentives that copyright law provides to authors and publishers to document, write, invest in, and disseminate literary works for the benefit of the public ecosystem….”