Those of us who heard the oral arguments in the Eleventh Circuit Court of Appeals last November, in which the publishers appeal of the District Court ruling favoring fair use in their copyright infringement lawsuit against Georgia State was heard, mostly expected a discouraging result from the Appellate panel. An initial or cursory reading [...]

Continue Reading

The Eleventh Circuit Court of Appeals has issued its ruling in the publisher appeal of a district court decision that found most instances of electronic reserve copying at Georgia State to be fair use.  The appellate court ruling is 129 pages long, and I will have much more to say after I read it carefully. [...]

Continue Reading

A win, oddly

On June 11, 2014 By

Because I am on vacation this week and have very intermittent Internet access, I am hardly the first to announce that the Second Circuit Court of Appeals affirmed the lower court decision (mostly) in the Authors Guild v. HathiTrust lawsuit. I am a bit paranoid about major decisions coming down on days when I am [...]

Continue Reading

Apology

On June 9, 2014 By

A significant number of subscribers got spammed by this list today. Routine maintenance of the development server at Duke triggered a mistaken torrent of hundreds of old posts. The biggest problem was that there was a partial subscriber list as part of the development instance of the blog. That list has been removed, so this [...]

Continue Reading

Publishing ironies

On April 30, 2014 By

Would Karl Marx have waived his copyright on principle?  I don’t know for sure, but I rather doubt it.  Marx was not entirely in sympathy with Proudhon’s famous assertion that “property is theft,” and in any case probably expected to make at least part of his living off from his intellectual property.  Nevertheless, there is [...]

Continue Reading

Walking the talk

On March 7, 2014 By

All of the presentations at the SPARC Open Access meeting this week were excellent.  But there was one that was really special; an early career researcher named Erin McKiernan who brought everyone in the room to their feet to applaud her commitment to open access.  We are sometimes told that only established scholars who [...]

Continue Reading

My last post about copyright assignment and different versions of a scholarly article set off a small controversy, some of which can be found in the comments to that ppost and some of which took place on other social media venues.  Yesterday Richard Poynder posted to the Lib-License list about this discussion, and I felt [...]

Continue Reading

Starting today, the Electronic Frontier Foundation is sponsoring Copyright Week, which will last for six days.  Each day is dedicated to one of six principles that, EFF asserts, should guide copyright policy and practice.  They are, in my opinion, excellent principles, that really connect back to the original purpose of copyright as an engine for [...]

Continue Reading

To finish my thoughts about the Duke University Libraries Seminar on the Future of Researc h Libraries and the presentation made by Professor Ian Baucom, I want to turn to the final two issues we discussed – globalization and publishing.  And I want to be very clear that although I refer to Ian’s remarks a [...]

Continue Reading

Protecting IP?

On October 21, 2013 By

The American Association of University Professors recently issued a draft report, seeking comment, on the topic “Defending the Freedom to Innovate: Faculty Intellectual Property (IP) Rights After Stanford v. Roche.”  The report is very interesting; a strongly-worded warning that universities might be trying to assert more ownership over the IP rights in works [...]

Continue Reading