Tuesday, August 26, 2008

Gartner Research Blog for the Media Industry

Gartner Research Blog for the Media Industry 

Judge Orders Copyright Holders to Think First, Subpoena Later

Posted By: Michael McGuire, Research VP

A federal judge ruled that copyright holders must consider whether pieces of content posted by individuals on sites such as YouTube are examples of "fair use" before demanding the content be pulled from the Web.
While the ruling isn't a sweeping endorsement of all forms of consumer creativity involving the use of copyrighted works, it's a substantial check on rights holders' carpet-bombing of sites with takedown notices. For that reason, the judge's ruling is significant.
Over the course of the past 10 years, copyright holders have deployed technology (DRM) and law (the Digital Millennium Copyright Act, the Recording Industry Association of America's flood of lawsuits against alleged file traders) to protect their ability to control the flow of their content online. As YouTube and other UGC sites grew in popularity, rights holders were filing numerous takedown notices at any sign of copyrighted material.
There are a couple of important products of this decision. First, it underscores the imperative for rights holders to get a grip on reality and acknowledge the way the online media ecosystem is developing. The Lenz case for which the ruling was issued was a particularly egregious example of overreaching by the rights holders. The content involved a Prince song that was playing in the background - it wasn't really a video soundtrack - while a mother filmed her toddler dancing along to the song. How is that harmful to Universal's attempt to make money off the Prince song? (Besides getting a grip, I would also suggest that Universal Music, the plaintiff in the case, hire some different PR executives. I believe an astute PR pro would hear "mother" and "adorable child" and very likely caution against pursuing the case.) The video in question was ultimately reposted.
The second important product of the ruling is that it shows how little progress has been made recently in the deployment of technologies that can automate the process of checking for copyright violations, the filtering technologies that Google claimed would be developed to identify copyrighted material. While we might hail the judge's ruling, and we do, rights holders need to start serious collaboration with technology providers to create a set of licensing and content-tagging schemes that free consumers - who play by the rules - from concerns about being sued while also giving rights holders methods to track their content as it's flung around the Internet. Google and YouTube haven't really said whether the detection system they were going to have in place by the end of last year is actually in place.
At the moment, most sites such as YouTube claim to have some form of algorithmic filtering but also depend on humans to review content. Rights holders have to pay folks to scan these sites continuously looking for their material. (I guess that's a reasonable use of resources.) And the rush to do all this scanning for the usurpation of copyrighted material results in collateral damage, like this case.
This struggle between rights holders, online UGC providers and all other portals that enable consumers to upload their creations (and what they happen to collect online in the form of video and audio files) is never going to end. And it really shouldn't. However, what needs to happen is that an equilibrium needs to form that balances the needs and wants of consumers who want to create and put their stamp on the culture, no matter how silly it might seem to others, and the needs of rights holders and artists to be compensated or at least have some say in how their works are used by others.

Gartner Research Blog for the Media Industry

Copyright 2.0 Show - Episode 73 - PlagiarismToday

 Copyright 2.0 Show - Episode 73 - PlagiarismToday

Copyright 2.0 Show - Episode 73

By Jonathan Bailey • Aug 25th, 2008 • Category: Podcast

It is Monday again and that means that it is time for another episode of the Copyright 2.0 Show.

It was a slam-packed show this week with stories from all over the world and updates to a lot of the ongoing copyright sagas.

All in all, there were eighteen stories this week including news from all over the copyright world including our “Weird Story of the Week”.

This week’s stories include:

  • Fair Use Must Be Weighed When Filing a DMCA Notice
  • The Pirate Bay Fights the Italian Blockade
  • Comcast Gets Scolded for P2P Throttling
  • Disney’s Copyright in Mickey May be in Trouble
  • Pirate Video Game Toy Lands Seller in Jail
  • And Many more…

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Copyright 2.0 Show - Episode 73 - PlagiarismToday

The Most Aggressive Copyright Holders | The Blog Herald

 

The Most Aggressive Copyright Holders

Filed as Features on August 25, 2008 9:21 am

by Jonathan Bailey

When it comes to matters of copyright, some companies have an earned reputation as being attack dogs. They are known for filing takedown notices at the drop of a hat, throwing lawsuits around at will and generally intimidating anyone that they feel gets too close to their intellectual property.

Though there is nothing wrong with being aggressive about your copyright, especially when you make your living from it. The problem comes when companies cross the line and sacrifice the rights of users and the public in their bid to protect their work.

These attack dogs are dangerous for many reasons. First, they are the ones most likely to file takedown notices, including against bloggers. Second, they often times trample free speech and run afoul of the law. Finally, they also end up writing both the copyright news we read and many of the copyright laws we follow.

So who are the most aggressive copyright holders? Though such a list is entirely subjective, here is my personal list of the most aggressive major copyright holders I have been tracking.

7. The Associated Press

Much of the AP’s current reputation when it comes to copyright stems from it recent controversy with the Drudge Retort. But while much of that incident was blown of proportion, as well as much of the AP’s stance on copyright, there is no doubt that they have been very aggressive protecting their work, including suing Verisign for their Moreover news service.

Though the AP is not as aggressive as many paint it to be, there is little doubt that they monitor, track and protect their content very thoroughly.

6. Disney

Among the copyright astute, Disney has a reputation that is almost beyond reproach. Despite a history of making blockbuster hits out of public domain stories, the house of mouse has been notoriously aggressive about protecting its rights.

Though Disney has been known to file more than a few copyright suits, its greatest success has always been in lobbying and legislation. Disney has far more to do with many of the current copyright laws than either the RIAA or the MPAA.

5. The International Olympic Committee

After the closing ceremonies, we tend not to hear much from the IOC, however, they remain one of the most aggressive copyright holders pretty much at any point.

This Olympics alone has seem them demand the removal of Olympic torrents from The Pirate Bay, thousands of takedowns on YouTube and even a controversy involving a likely mistaken takedown notice.

The IOC is notoriously protective of both its video and of its symbol, the five interlocking rings.

4. The National Football League

Though sports organizations are known for being protective of their copyrights, the NFL trumps pretty much everyone in this category. They famously demanded a takedown of a video only displaying the copyright notice from the Super Bowl.

In fact, they got it taken down twice.

When it comes to copyright, it seems that the NFL is in full blitz mode.

3. Viacom

When one things about aggressive copyright holders, Viacom is usually somewhere near the top of the list. Though they are famous for their 1.6 billion dollar lawsuit against YouTube, it is their hailstorm of takedown notices that really tells the story.

According to YouTomb, Viacm is the single largest sender of DMCA notices to the site, nearly doubling its nearest U.S.-based competitor, the WWE.

2. Warner Brothers

Though it would be easy to simply put the MPAA and the RIAA in the two and one slots, I decided to focus on companies, not trade groups. However, out of the “AA” crowd, Warner Brothers is a stand out in terms of aggressiveness.

Their protectiveness over The Dark Knight was both infamous and effective, on the music side, the sued the search engine Seeqpod and they launched a controversial campaign against The Pirate Bay.

They have been behind much of the copyright news over the past few years and are continuing to play a key role in the ongoing copyfight.

1. NBC Universal

Universal’s aggressiveness knows almost no limits. Not only have they been at the forefront of many RIAA lawsuits, but they have pulled their songs from Myspace, yanked their shows from iTunes (though they have since hinted at a return), blocked their shows from being recorded on DVRs, sued Redlasso and have been very aggressive about having their clips removed from YouTube.

However, their most controversial move was filing a DMCA notice against Stephanie Lenz, who posted a 30-second YouTube clip of her baby dancing with Prince’s “Let’s Go Crazy” barely audible in the background.

However, what makes Universal unique is that their aggressiveness is bound with progressiveness. They helped found the video site Hulu, which plays many NBC shows for free, and have been generally very forward-thinking with their copyright strategies.

Conclusions

As with any list, not everyone is going to agree with the order nor are they going to believe everyone of importance was included. So that brings me to my question. Who did I leave out and what would you change on this list?The Most Aggressive Copyright Holders | The Blog Herald

The Most Aggressive Copyright Holders | The Blog Herald

Techdirt: Turns Out Disney Might Not Own The Copyright On Early Mickey Mouse Cartoons

Techdirt: Turns Out Disney Might Not Own The Copyright On Early Mickey Mouse Cartoons 

"It's a Mickey Mouse world sometimes......" HSM

Turns Out Disney Might Not Own The Copyright On Early Mickey Mouse Cartoons

from the oops dept

Remember the recent story we had where some researchers noted that, despite the conventional wisdom (and claims from Time Warner), it appeared that Time Warner probably did not own the copyright on Happy Birthday? Of course, the company still collects millions for it, because people assume they do, but the historical evidence suggests that this is really incorrect. Now it turns out that the same thing may be true for Disney's copyright on Mickey Mouse. This is rather noteworthy considering both the history of Mickey Mouse, as well as how much effort Disney has always put towards copyright extension just as the supposed copyright on Mickey Mouse was about to expire.
Now, to be clear, Disney can continue to hold the trademark on Mickey Mouse for as long as it continues to use the mark in commerce, but the copyright should go into the public domain eventually -- meaning others can make use of the early works, as long as it's clear that they're not doing so as Disney. So what if all of these copyright extensions were for naught, and the copyright had already expired?
There seems to be rather compelling evidence that this is the case, and many legal scholars agree. Basically, Disney was a bit disorganized early on and appears to have screwed up the original copyright claims on some early Mickey Mouse shorts, which based on the law at the time would nullify the copyright altogether. Now, this would only count for those early clips, which had a slightly different version of Mickey.
Not surprisingly, Disney isn't particularly open to this argument. Not only does it dismiss the concept out of hand as "frivolous," it has also legally threatened a legal scholar who first published an analysis saying that the copyright was invalid. In a letter to the researcher, Disney warned him that publishing his research could be seen as "slander of title" suggesting that he was inviting a lawsuit. He still published and Disney did not sue, but it shows the level of hardball the company is willing to play.
Of course, the story can be different when Disney is on the other side of the coin. When it was discovered that someone else (other than Disney) probably held the copyright for Bambi, Disney went ballistic, throwing out arcane legal concept after arcane legal concept to come up with anything that would get the copyright out of the hands of this other potential owner. Disney basically threw every potential legal argument against the wall -- including claiming both that Bambi was in the public domain and that Disney owned the copyright to it.
Unfortunately, none of this is likely to amount to much. It's unlikely anyone will actually challenge Disney on the copyright of early Mickey Mouse (or that anyone will challenge Happy Birthday's copyright either). However, once again, we find that the supposed "ownership" of certain things isn't quite as clear cut as some would like you to believe.

Techdirt: Turns Out Disney Might Not Own The Copyright On Early Mickey Mouse Cartoons

BMI’s copyright revenue up 8% - Crain's New York Business

 BMI’s copyright revenue up 8% - Crain's New York Business

BMI’s copyright revenue up 8%

Broadcast Music Inc., which represents songwriters and composers, collected $901 million in revenues in its latest fiscal year.

 

Broadcast Music Inc. said Monday it earned more than $901 million in revenues for its fiscal year ended June 30, marking an historic high for the music copyright organization that distributes royalties to more than 375,000 songwriters and composers.
It’s the first time a copyright organization has topped the $900 million mark for music performance revenues. That figure also includes earnings from its subsidiary, Landmark Digital Services.
BMI will disperse more than $786 million to copyright holders, which represents an increase of 8% over the previous year.
International revenues, fueled by a weak dollar and a strong Euro, brought in $238 million and accounted for much of the boost. Growth in revenues was also helped by BMI’s aggressive approach in licensing music in less traditional forms of media such as digital and mobile businesses as well as cable television, satellite radio and satellite television.
Traditional broadcast radio and television still accounted for 38% of revenues, at $340 million, but satellite outlets brought in an additional $208 million, and new media revenues increased 50% to $15 million. BMI now licenses more than 6,500 digital media properties including mobile services and social networking sites.
"That's the story on digital overall," said Paul Resnikoff, publisher of Digial Music News. "It takes time to build up royalty streams on digital."
But BMI has also managed to cut costs, lowering overhead to 11.7%, by using online digital technology to track performances and collect with less paperwork and labor costs, notes Mr. Resnikoff.
"It's tough to chase down royalties from a smaller player, but they can be captured online all of a sudden, so it cuts both ways," he said.

BMI’s copyright revenue up 8% - Crain's New York Business

Podcast: Uncovering the social and economic benefits of open access : JISC

 Podcast: Uncovering the social and economic benefits of open access : JISC

Podcast: Uncovering the social and economic benefits of open access

Publication Date: 25 August 2008

Professor John Houghton's work to explore the social and economic impact of open access has had a significant impact on debates in his native Australia. Currently working for JISC to investigate the UK experience in this area, he talks to Philip Pothen about his work, the wider benefits of institutional repositories and why he thinks the open access argument is now won.

Podcast: Uncovering the social and economic benefits of open access : JISC

Out in the Open: Some MIT Scientists Sharing Results, Posting Unpublished Data - The Tech

Out in the Open: Some MIT Scientists Sharing Results, Posting Unpublished Data - The Tech 

Out in the Open: Some MIT Scientists Sharing Results, Posting Unpublished Data

By Carolyn Y. Johnson

THE BOSTON GLOBE

August 25, 2008

Barry J. Canton, a 28-year-old biological engineer at the Massachusetts Institute of Technology, has posted raw scientific data, his thesis proposal, and original research ideas on an online Web site for all to see.

To young people primed for openness by the confessional existence they live online, that may not seem like a big deal.

But in the world of science — where promotions, tenure, and fortune rest on publishing papers in prestigious journals, securing competitive grants, and patenting discoveries — it’s a brazen, potentially self-destructive move. To many scientists, leaving unfinished work and ideas in the open seems as reckless as leaving your debit card and password at a busy ATM machine.

Canton is part of a peaceful insurgency in science that is beginning to pry open an endeavor that still communicates its cutting-edge discoveries in much the same way it has since Ben Franklin was experimenting with lightning. Papers are published in research journals after being reviewed by specialists to ensure that the methods and conclusions are sound, a process that can take many months.

“We’re a generation who expects all information is a Google search away,” Canton said. “Not only is it a Google search away, but it’s also released immediately. As soon as it happens, the video is up on YouTube and on all the blogs. The old model feels kind of crazy when you’re used to this instant information.”

Openness has always been an integral part of science, with scientists presenting findings in journals or at conferences. But the open-science movement, with many of its leaders in the Boston area, encourages scientists to share techniques and even their work long before they are ready to present results, when they are devising research questions, running experiments, and analyzing data. In such open forums, the wisdom of the crowd could offer the ultimate form of peer review. And scientific information, they say, should be available without the hefty subscription fees charged by most journals.

It is an attempt to bring the kind of revolutionary and disruptive change to the laboratory that the Internet has already wrought on the music and print media industries. The idea is that opening up science could speed discoveries, increase collaboration, and transform the field in unforeseen ways.

On the other side are people who see the benefits of the status quo. For centuries, scientific discoveries have occurred at a steady clip, without the help of wikis or Web tools. Journals publish papers that have been scrutinized by specialists, ensuring that bad research doesn’t mislead other scientists or the public.

Scientists who plunge into openness also risk giving a competing lab a leg up.

“Maybe somebody has discovered some interesting gene and doesn’t want to blab to the whole world about why it’s interesting,” said Michael T. Laub, an assistant professor of biology at MIT. He says his lab is not overly secretive, but does not post “all the gory details of what someone is working on, because I don’t want my grad students necessarily to be scooped by someone else.”

More broadly, the entire system of credit in science is based on being the first to publish a finding in a reputable journal; there’s no incentive to post on blogs or community Web sites. Scientists try to get their findings published in the top journals in their fields, and major scientific prizes are awarded to those who make breakthroughs.

Despite these concerns, the counterculture scientific movement is gathering steam, and not just among junior researchers.

For example, OpenWetWare.org started out in 2005 as Endipedia, a Web site that scientists in Thomas F. Knight ’79 and Andrew D. Endy’s labs at MIT used to share information. But today the Web site is backed by a National Science Foundation grant, and more than 4,000 biologists and bioengineers from across the world have signed up to share techniques, get practical tips, and even detail their day-to-day work if they choose.

Science Commons, a nonprofit group based at MIT, works to Web-enable the scientific enterprise by working on other aspects of openness: trying to find ways to make inaccessible journals broadly available and developing Internet tools to ease sharing of information.

“In the same way you couldn’t get to Facebook until you had the Web for 10 years — all sorts of stuff had to happen to the Web itself to support the emergence of something like Facebook,” said John T. Wilbanks, executive director of Science Commons. “I think the tipping point will come when scientists look at someone next to them using the open system and getting more discoveries, and saying ‘I want that.’”

Another local effort, Somerville’s Journal of Visualized Experiments, is an open-access video journal that seeks to increase transparency in the how-to part of science, since researchers often waste time trying to replicate another team’s experiment.

The Web site, with tutorials from top researchers on subjects from basic stem cell techniques to dissecting mosquitoes’ salivary glands, is informed by the experience of its cofounder, Moshe Pritsker. Pritsker recalls how he as a graduate student spent more than a month unsuccessfully trying to replicate a two-year-old stem cell technique; eventually he flew to Scotland to learn firsthand.

It’s hard to say which, if any, of these forms of openness will gain traction in the wider community. But the ethos of the Internet, where people are used to getting everything from television shows to news articles without paying, is already challenging the scientific publishing industry.

There are open-access journals, such as those published by the Public Library of Science, but scientific journals usually require a paid subscription to get access. But in February, Harvard’s largest division, the Faculty of Arts and Science, voted unanimously to make scholarly papers authored by faculty available free in an online repository, which will begin beta-testing this fall. The National Institutes of Health began an open-access policy this year requiring that NIH-funded research be posted online for free, within a year of publication.

Just as giving content away for free on the Internet has proved troublesome for newspapers as they try to adapt to a new business model, scientific publishers worry that open access could undermine the foundation on which scientific communication is built. Journals typically make money through a combination of subscription fees paid by individuals or by universities and advertising, which support its editorial and peer-review process.

“The bottom line is it’s a wonderful experiment, but it needs to be approached carefully, or you go out of business,” said Fred Dylla, executive director of the American Institute of Physics, which publishes 11 of its own journals.

Eventually, the success of open science hinges on utility: If research improves, scientists will have to adopt it or fall behind.

Canton, working in the relatively new field of synthetic biology, has seen the benefits firsthand. He and colleagues devised a bit of genetic material that could be inserted into a cell to let it communicate with other cells.

They posted their work online, but also submitted it to a journal over a year ago to be formally presented to the world’s scientific community. Meanwhile, their work was incorporated into 18 different projects by other labs. Canton was invited to workshops.

Last month, it came out in the journal Nature Biotechnology.

Out in the Open: Some MIT Scientists Sharing Results, Posting Unpublished Data - The Tech

Does Amazon's Kindle give hope to open-access model?

Does Amazon's Kindle give hope to open-access model? 

logo

Published on FierceBroadbandWireless (http://www.fiercebroadbandwireless.com)

Does Amazon's Kindle give hope to open-access model?

By lluna

Created Aug 25 2008 - 1:53am

How is one of the U.S. mobile wireless industry's first tests in open access fairing? Back in November, Amazon began distributing a new eBook device, called the Kindle, that makes use of Sprint's nationwide EV-DO network to enable wireless shopping and over-the-air content downloading. I noted then that the Kindle is the start of Sprint's whole concept around its WiMAX business--that a network can be accessed from several different types of consumer electronic devices that aren't subsidized or sold by the wireless operator.

While Amazon isn't saying how many devices have sold, Citigroup [1] recently said the Kindle appears to be selling much better than anticipated and could double a previous estimate for units sold this year. In fact, with few innovative gadgets on the market, the Kindle could become one of the top electronics gifts of the holiday season, along with the Apple iPhone, of course.

"Turns out the Kindle is becoming the iPod of the book world," Citigroup analyst Mark Mahaney wrote in a note to clients. He estimates that Amazon will sell up to 380,000 Kindle devices this year, up from his previous forecast of 190,000. Perhaps more impressive, Mahaney expects Kindle and related revenue of more than $1 billion by 2010.

Scott Devitt, an analyst at Stifel Nicolaus, forecasts Amazon will sell 500,000 to 750,000 Kindles in the next year.

Open access is off to a slow start as WiMAX deployments have been delayed and Verizon's open-access plans announced last year haven't really come to fruition. Is the Kindle in the position to give hope to the entire open-access model? Despite the fact that Amazon is in a unique position to continually market the device on its web site, the Kindle has to be a foreshadowing of the revenue-generating potential.--Lynnette [2]


Source URL:
http://www.fiercebroadbandwireless.com/story/apple/2008-08-25

Links:
[1] http://news.yahoo.com/s/nm/20080811/wr_nm/amazon_research_citigroup_dc
[2] mailto: lluna@fiercemarkets.com

Does Amazon's Kindle give hope to open-access model?

Monday, August 18, 2008

Techdirt: Universities Realize That The RIAA Is Taking Advantage Of Them In Lawsuits On Students

Techdirt: Universities Realize That The RIAA Is Taking Advantage Of Them In Lawsuits On Students 

Universities Realize That The RIAA Is Taking Advantage Of Them In Lawsuits On Students

from the pushback-time dept

We never quite understood why various universities were cooperating with RIAA demands that they send "pre-litigation" letters to students accused of file sharing. These non-binding letters are often used to pressure students into paying fines, even if they're based on weak (at best) evidence of file sharing. It certainly wasn't in any university's best interests to basically help out a private organization in a business model dispute with its students. Yet, some university officials, falsely convinced by the RIAA that this was more than a business model dispute, decided to help out. And the response? The RIAA has increased the flood of notices, and then convinced Congress to move forward on legislation that would legally obligate universities to act as the RIAA's copyright cops.
It appears that more and more universities are realizing that they got shafted. The EFF points out that there's widespread anger among university officials who felt they were trying to find a middle ground by cooperating, but instead find themselves swamped with more and more notifications and this new legislation that increases their legal liability over a business model dispute. And, the worst part? Now that they're pushing back in court, the RIAA points out that dealing with these notices before wasn't a burden, so universities aren't being truthful that they're now a burden. How's that for a thank you for helping out originally?
If it hasn't become clear by now, the RIAA doesn't view universities as partners in all of this -- and any university that thinks of the RIAA as a partner is about to get steamrolled by the RIAA legal machine. It's time that more universities stood up not just for their own rights, but the rights of their students as well not to be targeted by questionable "pre-litigation" threat letters without more significant evidence. And, it wouldn't help for the RIAA to finally recognize that this entire battle has done nothing to deal with the real issue: its own inability to recognize that its business model needs to change.

Techdirt: Universities Realize That The RIAA Is Taking Advantage Of Them In Lawsuits On Students

Tuesday, August 5, 2008

New Copyright Term Tool : Chicago IP Litigation Blog

New Copyright Term Tool : Chicago IP Litigation Blog 

New Copyright Term Tool

Posted on August 5, 2008 by R. David Donoghue

 

Click here for the Copyright Digital Slider, a great new tool for calculating the status of a copyright from the American Library Association's Copyright Advisory Network.  You drag an arrow to the date of first publication, and the site tells you the status of the copyright (in force or in the public domain) and whether you need permission to use the work (yes, no or maybe).  Of course, it is not as good as consulting an attorney.  This is particularly true because for many dates of publication, the answer to whether you need permission to use the work is maybe.  Copyright terms are very complex and vary greatly depending on which version of the Copyright Act the work was published pursuant to and what actions the copyright holder has taken.  It is far more complex than the patent regime where, at most you have to determine whether the patent's term is 17 years from grant or 20 years from filing and then deal with any terminal disclaimers or added time listed on the face of the patent.

Hat tip to the Antitrust Review for pointing out this great tool.

New Copyright Term Tool : Chicago IP Litigation Blog

Federal court rules network DVR does not violate copyright - Related Stories - AAF SmartBrief

 

Federal court rules network DVR does not violate copyright

AAF SmartBrief | 08/05/2008

In a move that could potentially transform the way advanced video services are rolled out to viewers, the United States Court of Appeals for the Second Circuit in New York ruled Monday that DVRs that operate via a central storage server rather than a set-top storage device do not violate copyright law. Analyst Craig E. Moffett said the decision "means a huge increase in the number of viewing hours per day potentially subject to ad-skipping." The use of networked technology paves the way for the delivery of interactive and dynamic advertising via recorded programs. Wall Street Journal, The (subscription required) (08/05) New York Times, The (08/05)

Federal court rules network DVR does not violate copyright - Related Stories - AAF SmartBrief

Monday, August 4, 2008

Mendeley Blog

Ran across this looking at Zotero stuff.. and it seemed to fit...HSM

Mendeley Blog

It describes how Chris Boulton’s thesis was repeatedly turned down for publication because its data contained copyrighted material (excerpts from fashion ads), the use of which should have fallen under the “fair use” doctrine.

For scholars who study media, the internet has broadened research horizons and expanded the reach of teaching and publications. But powerful gatekeepers remain. From academic journals seeking to control our intellectual property to lawyers crying foul when we quote from copyrighted material, we are bombarded with a myriad of confusing and dubious restrictions. In short, the implied threat of legal action creates a chilling effect that impacts us all. Some have pushed back, arguing that our educational activities are protected under the “fair use” statute. But this is a risky game to play. The rules aren’t always clear. And when it comes to fair use, we either use it, or lose it.


Via Open Students via A Blog Around the Clock.

Mendeley Blog