AAUP Addresses Opposition to Copyright Exemption for Researchers | AAUP

“On March 10, 2021, the AAUP signed onto a reply comment addressing opposition to its previously submitted long-form comment seeking an exemption from a prohibition on circumventing technological protection measures for text and data mining (TDM) of lawfully accessed motion pictures and lawfully accessed literary works distributed electronically….

The AAUP continues to support the exemption because faculty and academic researchers are and will continue to be adversely affected in their ability to make fair use of motion pictures and literary works if they are prohibited from accessing certain classes of works. The AAUP is delighted to be working with the Berkeley Clinic for the first time.”

Amazon’s Refusal To Let Libraries Lend Ebooks Shows Why Controlled Digital Lending Is So Important | Techdirt

The Washington Post tech columnist Geoffrey Fowler recently had a very interesting article about how Amazon won’t allow the ebooks it publishes to be lent out from libraries. As someone who regularly borrows ebooks from my local libraries, I find this disappointing — especially since, as Fowler notes, Amazon really is the company that made ebooks popular. But, when it comes to libraries, Amazon won’t let libraries lend those ebooks out:

When authors sign up with a publisher, it decides how to distribute their work. With other big publishers, selling e-books and audiobooks to libraries is part of the mix — that’s why you’re able to digitally check out bestsellers like Barack Obama’s “A Promised Land.” Amazon is the only big publisher that flat-out blocks library digital collections. Search your local library’s website, and you won’t find recent e-books by Amazon authors Kaling, Dean Koontz or Dr. Ruth Westheimer. Nor will you find downloadable audiobooks for Trevor Noah’s “Born a Crime,” Andy Weir’s “The Martian” and Michael Pollan’s “Caffeine.”

I’ve seen a lot of people responding to this article with anger towards Amazon, which is understandable. I do hope Amazon changes this policy. But there’s a much bigger culprit here: our broken copyright laws. In the physical world, this kind of thing isn’t a problem. If a library wants to lend out a book, it doesn’t need the publisher’s permission. It can just buy a copy and start lending it out. Fowler’s correct that a publisher does get to decide how it wants to distribute a work, but with physical books, there’s the important first sale doctrine, which lets anyone who buys a book go on and resell it. And that meant that in the past, libraries have never needed “permission” to lend out a book. They just needed to buy it.

Unfortunately, courts seem to take a dim view of the first sale doctrine when it comes to digital goods.

Dotawo 7: Comparative Northern East Sudanic Linguistics – Dotawo Journal

“Furthermore, it appears that the turn toward open access in the scholarly communications landscape is increasingly facilitating the agendas of an oligopoly of for-profit data analytics companies. Perhaps realizing that “they’ve found something that is even more profitable than selling back to us academics the content that we have produced,”5 they venture ever further up the research stream, with every intent to colonize and canalize its entire flow.6 This poses a severe threat to the independence and quality of scholarly inquiry.7

In the light of these troubling developments, the expansion from Dotawo as a “diamond” open access to a common access journal represents a strong reaffirmation of the call that the late Aaron Swartz succinctly formulated in his “Guerilla Open Access Manifesto”: …

Swartz’s is a call to action that transcends the limitations of the open access movement as construed by the BOAI Declaration by plainly affirming that knowledge is a common good. His call goes beyond open access, because it specifically targets materials that linger on a paper or silicon substrate in academic libraries and digital repositories without being accessible to “fair use.” The deposition of the references from Dotawo contributions in a public library is a first and limited attempt to offer a remedy, heeding the “Code of Best Practices in Fair Use” of the www?Association of Research Libraries, which approvingly cites the late Supreme Court Justice Brandeis that “the noblest of human productions — knowledge, truths ascertained, conceptions, and ideas — become, after voluntary communication to others, free as the air to common use.”9 This approach also dovetails the interpretation of “folk law” recently propounded by Kenneth Goldsmith, the founder of public library www?Ubuweb….”

Best Practices in Fair Use for Open Educational Resources – American University Washington College of Law

“We are pleased to announce the release of the Code of Best Practices in Fair Use for Open Educational Resources. This document is intended to support authors, teachers, professors, librarians, and all open educators in evaluating when and how they can incorporate third party copyright materials into Open Educational Resources to meet their pedagogical goals….

Webinar:
Wednesday, February 17, 2021 | 3:00pm-4:30pm ET (12 pm PT)
Registration: https://us02web.zoom.us/webinar/register/WN_4oHpIFDnRoaJzOq8R6_fwg …”

Code of Best Practices in Fair Use for Open Educational Resources

“This Code is a tool for educators, librarians, and authors to evaluate common professional scenarios in which fair use can enable them to incorporate inserts, including those protected by copyright, to create OER. It can provide groups working on OER projects with a shared framework for evaluating and understanding when and how to incorporate existing content to meet pedagogical needs….”

Sci-Hub Case : Founder Elbakyan Takes ‘Fair Dealing’ Defence; Says Academic Journals Exploitative

“Online repository of science articles, Sci-hub, has taken the defence of ‘Fair dealing’ before the Delhi High Court in a suit for injunction filed by publishing houses Elsevier Ltd, Wiley India Pvt. Ltd., and American Chemical Society over alleged copyright infringement. The website’s founder, Alexandra Elbakyan has submitted that the platform is engaged in providing free access to research publications and scientific material, for the benefit of the students and researchers and the consequent benefit of the public….

Thus, it is claimed that the suit is barred by Section 52(1)(a)(i) of the Copyright Act. The provision provides that ‘Private use including research’ of a literary, dramatic, musical or artistic work amounts to fair dealing and shall not constitute an infringement of copyright….”

Sci-Hub Case : Founder Elbakyan Takes ‘Fair Dealing’ Defence; Says Academic Journals Exploitative

“Online repository of science articles, Sci-hub, has taken the defence of ‘Fair dealing’ before the Delhi High Court in a suit for injunction filed by publishing houses Elsevier Ltd, Wiley India Pvt. Ltd., and American Chemical Society over alleged copyright infringement. The website’s founder, Alexandra Elbakyan has submitted that the platform is engaged in providing free access to research publications and scientific material, for the benefit of the students and researchers and the consequent benefit of the public….

Thus, it is claimed that the suit is barred by Section 52(1)(a)(i) of the Copyright Act. The provision provides that ‘Private use including research’ of a literary, dramatic, musical or artistic work amounts to fair dealing and shall not constitute an infringement of copyright….”

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part II | SpicyIP

“This post is in continuation to my previous post (here) discussing the copyright infringement suit filed by academic publishers against Sci-Hub and Libgen, particularly the dynamic injunction sought by the plaintiffs. Here, I discuss the applicability of the fair dealing exception to the use of copyrighted works on the defendant websites in the instant dispute….”

Senate Explores Changing DMCA

“A Senate committee is investigating updating the Digital Millennium Copyright Act (DMCA). The goal is to modernize the DMCA to make it easier to protect copyrighted content while also defending fair use rights. The Internet Archive responded to a call for feedback by encouraging the committee to keep things as they are….

What Thom Tillis wants to do is streamline the takedown process and make it into a staydown system, where a copyright holder only needs to notify an Online Service Provider (OSP) once about infringing material….

The Internet Archive argued that a staydown approach would be unworkable for five reasons:

1. By making content removal automatic in a staydown approach, it removes the human element from judging whether something is indeed fair use or a copyright infringement. They argue that manual inspection cannot be scaled, meaning that the burden should remain on the copyright holder to identify violations….”