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In March the ACRL published a new White Paper on Intersections of Scholarly Communication and Information Literacy: Creating Strategic Collaborations for a Changing Academic Environment which looks at the ways in which the dramatic changes taking place in the environment for scholarly communication have necessary consequences for nearly all librarians, and especially those who [...]
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Before yesterday’s ruling in the Kirtsaeng v. John Wiley & Sons Supreme Court case, I had written a post about the oddity that copyright law is the only form of property right that does not include a specific mechanism by which the rights holder can lose their rights if they do not use the property [...]
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Another day, another silly brief filed in support of the plaintiff publishers in the Georgia State copyright infringement appeal. This one comes from the American Association of University Presses (AAUP). I wish it were not the case, but I am past being shocked that university presses are so anxious to support a lawsuit [...]
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Last week we saw the first real flurry of activity reported in the publisher appeal of the Georgia State University fair use victory. The news items and filings call our attention to both the legal and the political aspects of the appeal.
Starting with the law, over the weekend I gave the publishers’ [...]
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By now I hope most readers are familiar with the case of John Wiley v. Supap Kirtsaeng, which was argued before the Supreme Court last October. The case involves the doctrine of First Sale in the United States, which underlies library lending and also allows consumers to buy and sell used books, DVDs, etc. The [...]
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As many readers will know, the past few weeks have seen a couple of controversies over end user license agreements (EULAs) and Internet services. In the library world, Yankee Book Peddler, an order fulfillment service, announced that they would introduce such an end user license whenever someone logged in to their ordering database. The license [...]
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What a stretch of four months it has been!
First, in July, we had the ruling in the Georgia State lawsuit affirming that most of the excerpts for teaching that were challenged as copyright infringement were actually fair use. The decision is being appealed, but libraries go in to that appeal on the winning side, [...]
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The trial judge in the Georgia State copyright infringement lawsuit filed her final judgment in the case yesterday, bringing that portion of the lawsuit to a close. The only news left for this final order was the amount of money that the plaintiff publishers would be forced to pay to Georgia State. Judge Evans had [...]
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One of the most disheartening things about the ongoing lawsuit against Georgia State University by three large publishers is the support the plaintiffs are getting from the university press community. Presses, of course, rely on fair use all the time, and smaller presses need it even more, since neither they nor their authors can usually [...]
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To the surprise of no one, I think, the plaintiff publishers in the Georgia State litigation filed a notice of appeal on Monday. There has already been considerable coverage of this decision, in, for example, Inside Higher Ed, the Chronicle of Higher Education, and Library Journal.
The actual Notice of Appeal is [...]
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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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