There is a persistent problem with polemics. When writing to address someone else’s position with which one disagrees, it is easy to lose sight of the proverbial forest for the trees.
In my previous two posts, I was addressing a misunderstand that I am afraid might lead authors to be less attentive and assertive about [...]Continue Reading →
Because Duke has begun teaching Massively Open Online Courses (MOOCs), my office has gotten much more involved, over the past year, in the process of seeking permission to use copyrighted content. We began a new service to help MOOC instructors make careful fair use decisions, find freely-licensed content for their courses, and get permission for materials [...]Continue Reading →
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 [...]Continue Reading →
The snowballing petition on which scholars pledge to boycott Elsevier is gaining a good deal of attention. There is an article in today’s Chronicle of Higher Education, and this more general article about the future of Elsevier’s business model from Forbes. As of today the boycott pledge has over 2100 signatures.
As [...]Continue Reading →
In our previous post we talked about the relatively easy fair use call involved in the Brownmark Films case decided by the district court in Wisconsin. Before the court even got to that issue, however, it had to decide a procedural issue that has potential ramifications for scholarly publishing. Who can grant an [...]Continue Reading →
When the trial of the Georgia State copyright infringement lawsuit closed last month, the Judge asked both sides to file post-trial briefs, outlining their proposals for findings of fact and conclusions of law that they think the court should make. They are extensive documents, representing the last chance each side has to make its arguments, [...]Continue Reading →
Back in December I wrote about the lawsuit that has finally been filed against UCLA claiming that the policy of streaming digitized view for course-related viewing is copyright infringement. Late in January UCLA responded with a motion asking the court to dismiss the lawsuit for lack of subject matter jurisdiction and failure to state [...]Continue Reading →
The recent news that the Canadian Recording Industry Association has reached a settlement agreement with artists is not, strictly speaking, about scholarly communications. But it does give rise, I think, to several reflections about the way copyright works for all of us, including scholars.Continue Reading →
“The sky is falling,” Chicken Little cried. I don’t want to emulate that panicky poultry too closely, but recent events have raised some concern in my mind over the continued viability of copyright’s “first sale” doctrine, upon which so much library practice depends.
First sale is the rule that once a lawful copy of a [...]Continue Reading →
Access Copyright is the Canadian equivalent of the U.S Copyright Clearance Center. Like the CCC, which is helping to finance litigation against Georgia State University designed to force US universities to pay more and higher licensing fees for course materials, Access Copyright is also on a quest for ever greater income.
I and others have [...]Continue Reading →
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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