Do students own the copyright in the works they create as part of their education? Generally the answer is yes, but we have recently been reminded of some troubling exceptions. The University of Hawaii’s “Academy of Creative Media” is a film school that insists that all of its students completely assign their copyright in all [...]
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The Computer & Communications Industry Association, which has recently grabbed some headlines with its complaint to the Federal Communications Commission about misleading and over-broad copyright warnings, has just released a report it commissioned on “Fair Use in the U.S. Economy.” The purpose of this report is to “measure the footprint of [...]
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There has not been a lot of comment on this site about the launch of PRISM (The Partnership for Research Integrity in Science & Medicine – a coalition of publishing organizations that is campaigning against the proposals in Congress to require public access to federally-funded research. One reason for this lack of [...]
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It is always dangerous to try and speculate about the opinions and attitudes of a large group, especially one af diverse as university faculty. But the University of California’s Office of Scholarly Communications always produces great research, and their recent report on “Faculty Attitudes and Behaviors Regarding Scholarly Communication” is no exception. The full [...]
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Copyright blogs have been very active over a decision handed down in Golan v. Gonzalez by the Tenth Circuit Court of Appeals on September 4th. This is the most recent in a line of challenges to the Copyright Term Extension Act of 1998 (CTEA) that added twenty years to the duration of copyrights [...]
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It certainly can be, according to Margaret Schilt in “Is the Future of Legal Scholarship in the Blogosphere,” reposted in Law.com from the “Legal Times.” Her article provides a very helpful thumbnail summary of the major legal blogs, but also reflects on the trend of legal scholarship toward this more informal and community-centered form [...]
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This diatribe against YouTube recently appeared on the web site of a right wing lobbying organization with the innocuous name of “National Legal and Policy Center.” They are certainly correct that lots of copyright infringement happens on YouTube, but several of their arguments deserve response.
It is always odd [...]
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Policy on Electronic Course Content
For help deciding whether course content in Blackboard or some other digital form is fair use or requires copyright permission, consult this policy document adopted by the Academic Council in February 2008.
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Recommended Readings- A State Law Approach to Preserving Fair Use in Academic Libraries"By David R. Hansen" Posted by klsmith to myblog contracts copyright on Thu Sep 15 2011 […]
- Canada's Orphan Works Regime: Unlocatable Copyright Owners and the Copyright Board"Article by Jeremy De Beers and Mario Bouchard form the Oxford University Commonwealth Law Journal, Winter 2010" Posted by klsmith to myblog Canada "orphan works" copyright on Thu Sep 15 2011 […]
- Print or Perish: Authors' attitudes towards electronic-only publication of law journals"Duke Law Librarian Dick Danner and colleagues report on a study about how authors feel if their articles (in law journals) were no longer available on paper" Posted by klsmith to publication digital myblog on Mon Aug 08 2011 […]
- Copyright in the Age of YouTube | ABA Journal - Law News Now"Details how DMCA is rapidly become out-of-date as digital technology changes." Posted by klsmith to myblog technology digital copyright on Thu Jan 29 2009 […]
- A State Law Approach to Preserving Fair Use in Academic Libraries


As Duke University’s first Scholarly Communications Officer, Kevin Smith’s principal role is to teach and advise faculty, administrators and students about copyright, intellectual property licensing and scholarly publishing.
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