I was considering a post about copyright in tattoos even before I read about a recent case. This blog post raises some interesting questions about who owns the rights in a tattoo, and trying to answer them seemed like an interesting exercise; a chance, at least, to review some basic concepts.
Then I read [...]
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There has been a lot of attention paid to YouTube’s announcement of its “Copyright School,” which those accused of infringement will be forced to attend online. YouTube, of course, is trying to fend off more litigation, but that should not be an excuse for misrepresenting copyright law, as the new video that is part [...]
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How much control an author should have once a book leaves her hands is a fundamental question for copyright law. It arises in lots of contexts, but nowhere more directly than when a different author creates a sequel, a parody, or an homage and the original author objects.
This, of course, was the case with [...]
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Let me start with a confession; I have never seen the TV show Glee. But lately I have heard a lot about it, from the odd perspective of copyright law. In this blog post by Christina Mulligan, the copyright consequences of practices that are taken for granted in Glee are tallied up. Apparently the [...]
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On Wednesday the Duke Libraries’ Instruction and Outreach department held a retreat on the topic of “Digital Literacies.” The excellent keynote speaker for the event was Ellysa Cahoy from Penn State University. As part of the retreat, I spoke very briefly about copyright issues around the use of digital media. My comments ended up [...]
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By Will Cross
As a scholarly communications librarian I am naturally excited when scholars embrace a promising new method of communication. As such, I was delighted to see this new study published in the Chronicle of Higher Education. Although academia is just scratching the surface of social media use, this study of almost 1,000 [...]
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On March 19th a fascinating symposium was held in Chapel Hill, NC in honor of Laura (Lolly) Gasaway. Lolly, for many years Professor & Law Librarian at UNC Chapel Hill and now Associate Dean for Academic Affairs, is a prolific scholar and has had a tremendous impact on how libraries understand and work with [...]
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Earlier this month I was able, thanks to the organizing efforts of a colleague, to participate in a phone call with Jeff Shelstad, one of the founders of Flat World Knowledge. I wrote about Flat World some time ago, but I want to take the opportunity (before it fades in my mind) to describe [...]
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The most dangerous place on the Internet may well be inside that little button that says “I Agree.” The opportunity to bind oneself to a contract almost unconsciously abounds on the Internet, and the immediacy of the Web encourages click-through agreements that are almost never read and, if they are, impossible to understand.
The Electronic [...]
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This recent post on the TechDirt blog drew my attention (and that of may others) to an earlier note on the Freakonomics blog about an artist who pays an annual fee plus a percentage of his earnings to the University of Texas, Austin for the right to paint pictures of famous UT buildings like 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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