An interesting controversy arose recently at San Jose State University, when a professor objected to the fact that one of his students posted source code he had written as part of some class assignments onto the web. Amazingly, the professor claimed that sharing this code was tantamont to plagiarism, since it made the student’s work [...]
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The overheated rhetoric employed by the big content industries in their futile and probably suicidal battle against file sharing has been very detrimental to any hope for an improved understanding of copyright and intellectual property. For example, in an age when real piracy has once again become an international concern, the use of term “piracy” [...]
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Fair use is a uniquely American concept, in spite of its recent inclusion in the national copyright laws of Japan and Israel. In the US, after all, it is a common law doctrine that was developed by judges, intent on mitigating the most unfair applications of the copyright monopoly, for over 120 years before it [...]
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Several different events have focused my attention recently on the relationship between open access initiatives and peer review. First, a new task force on “digital futures” at Duke met for the first time yesterday, and it became clear very quickly that this group sees an open access initiative as its first task. The group, [...]
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I am delighted to be able to link to a whole new group of resource for understanding and teaching others about copyright law and user rights. Since most of these resources are video, they offer a nice supplement to the text resources I have listed here and here.
First, because it is the [...]
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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 "orphan works" Canada 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 digital publication 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 digital technology 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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