As the new school year begins there has been lots of reporting about E-textbooks, and the welter of stories offers an opportunity to assess the overall state of play.
This story from Inside Higher Ed outlines some of the “next steps” for E-texts, as well as the “remaining obstacles,” which are substantial. [...]
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We are often told that copyright law is supposed to be a balance, offering, on the one hand, the financial incentive to creators that goes with monopoly rights and, on the other hand, sufficient exceptions to those monopoly rights to allow new creators to build on previous work. Without the latter half of this balance, [...]
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Whenever I hear suggestions that fair use should be “fixed,” I am reminded that there are two very different usages of that term. When you get your car fixed, it is returned to the state where it performs as it was meant to do. When you get your dog “fixed,” however, that is not the [...]
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The Association of Research Libraries has just released an article written by Ben Grillot, a librarian and law student working as an intern for ARL, that is advertised as a summary of the policies of twelve publishers toward deposit of NIH-funded research articles into PubMed Central. In fact, Grillot’s article has a value [...]
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It seems like a good time to collect some of the interesting news items coming out lately about the NIH Public Access Policy, which has now been mandatory for just over 4 months. Most of these items come from Peter Suber’s Open Access News blog, to whom we direct a sweeping tip of the hat.
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A few weeks ago I did a post suggesting that universities should look at digital textbooks, both licensed and open access, as a way to help students reduce the cost of higher education. The reauthorization of the Higher Education act, with several provisions related to monitoring of costs, reminds us that lots of eyes [...]
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When I first heard that the Canadian Association of University Teachers had approved an intellectual property advisory for faculty authors encouraging them to retain copyright in their published academic articles (hat tip to Heather Morrison), I was delighted and planned to post an enthusiastic plug for the short document in this space. [...]
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One aspect of the international treaties on copyright to which the US is a party has been getting quite a bit of attention recently. The “three-step test” is a provision in the Berne Convention and in the TRIPs (Trade Related aspects of Intellectual Property) Agreement that broadly defines the role of limitations and exceptions [...]
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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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