Wednesday, January 28, 2009

AWOL - The Ancient World Online: Another interesting and promising collaboration

AWOL - The Ancient World Online: Another interesting and promising collaboration 

Another interesting and promising collaboration

JSTOR and Ithaka are merging under the name Ithaka

The new combined enterprise will be called Ithaka and will be dedicated to helping the academic community use digital technologies to advance scholarship and teaching and to reducing system-wide costs through collective action.

This is a natural step for these organizations. JSTOR and Ithaka already work closely together, sharing a common history, values, and fundamental purpose. During 2008, the Ithaka-incubated resource Aluka was integrated into JSTOR as an initial step, further strengthening ties between the organizations. JSTOR will now join Portico and NITLE as a coordinated set of offerings made available under the Ithaka organizational name.

As one organization, Ithaka will explore how to use its combined knowledge and experience to help its constituents in new ways. “The academic community has invested significantly in the important set of services that we manage and, together, they represent core elements of the networked digital infrastructure needed to support scholarship, research, and teaching. Increasingly we are approached for help on a range of initiatives that seek to leverage this investment and that we think will benefit from stronger coordination across all our areas of expertise and activity,” said Guthrie. “We are very excited about the potential to work with our constituents in even more useful innovative ways through this combination.”

The organization will also remain steadfastly committed to enabling institutions to maximize the benefits they provide to scholars and students while containing expenses. Michael Spinella, Executive Director of JSTOR and now Executive Vice President of Ithaka added, “JSTOR and Ithaka have a history of helping academic institutions by building and managing collectively-supported large-scale resources with an aim of developing sustainable models that deliver greater value than institutions could achieve alone. Now is the time when we can work even more closely together to develop and sustain the kinds of shared solutions that will be vital to the success of educational institutions in the future.”

In addition to JSTOR, Portico, and NITLE, Ithaka’s existing research and strategic services groups will remain important parts of the enterprise. The board will be composed of Ithaka and JSTOR Trustees, with Henry Bienen, President of Northwestern University, serving as Chairman and Paul Brest, President of the Hewlett Foundation as Vice Chairman.

About JSTOR

JSTOR is an independent not-for-profit organization dedicated to helping the scholarly community discover, use, and build upon a wide range of intellectual content in a trusted digital archive. The JSTOR archive includes over 800 leading academic journals across the humanities, social sciences, and sciences, as well as conference proceedings, transactions, select monographs and other materials valuable for academic work. More than 5,200 academic and other institutions in 143 countries and over 600 learned societies, university presses, cultural heritage, and other content contributors participate in JSTOR. Since the public launch of the archive, over 750 million articles and other items have been accessed by researchers and students throughout the world.

About Ithaka

Ithaka is an independent not-for-profit organization with a mission to accelerate the productive uses of information technologies for the benefit of higher education worldwide. Ithaka provides research, strategic, and administrative services to promising not-for-profit projects, helping them to develop sustainable organizational and business models. It also works with established institutions that are rethinking the way they serve their core constituents. Ithaka includes Portico a digital preservation archive to which more than 8,200 e-journals and 4,600 e-books are committed, and NITLE, a suite of services supporting the innovative use of technology in liberal arts education.

This is going to be interesting to watch

Posted by Charles Ellwood Jones at 7:17 AM

AWOL - The Ancient World Online: Another interesting and promising collaboration

Streaming: Monty Python Puts Free Videos Online, Sells 23,000% More DVDs

 

Monty Python Puts Free Videos Online, Sells 23,000% More DVDs

By Adam Frucci, 11:40 AM on Fri Jan 23 2009, 29,460 views

Monty Python started a YouTube channel with tons of their sketches streaming for free. The included links to their DVDs at Amazon. The result was a whopping 23,000% increase in sales.

For 3 years you YouTubers have been ripping us off, taking tens of thousands of our videos and putting them on YouTube. Now the tables are turned. It's time for us to take matters into our own hands.

We know who you are, we know where you live and we could come after you in ways too horrible to tell. But being the extraordinarily nice chaps we are, we've figured a better way to get our own back: We've launched our own Monty Python channel on YouTube.

No more of those crap quality videos you've been posting. We're giving you the real thing - HQ videos delivered straight from our vault.

What's more, we're taking our most viewed clips and uploading brand new HQ versions. And what's even more, we're letting you see absolutely everything for free. So there!

But we want something in return.

None of your driveling, mindless comments. Instead, we want you to click on the links, buy our movies & TV shows and soften our pain and disgust at being ripped off all these years.

Are you paying attention, MPAA and RIAA? A controlled release of free material keeps people from resorting to piracy and keeps them in your controlled ecosphere, which can include, yes, ways for fans to give you money. But when you're a bunch of pricks, people go to The Pirate Bay and think of you as the enemy, and then you don't get any money. Take notes, you idiots. [Mashable via BoingBoing]

Streaming: Monty Python Puts Free Videos Online, Sells 23,000% More DVDs

| The Public Domain |

| The Public Domain | 

Our music, our culture, our science and our economic welfare all depend on a delicate balance between those ideas that are controlled and those that are free, between intellectual property and the public domain. In The Public Domain: Enclosing the Commons of the Mind (Yale University Press) James Boyle introduces readers to the idea of the public domain and describes how it is being tragically eroded by our current copyright, patent, and trademark laws. In a series of fascinating case studies, Boyle explains why gene sequences, basic business ideas and pairs of musical notes are now owned, why jazz might be illegal if it were invented today, why most of 20th century culture is legally unavailable to us, and why today’s policies would probably have smothered the World Wide Web at its inception. Appropriately given its theme, the book will be sold commercially but also made available online for free under a Creative Commons license.

Boyle’s book is a clarion call. In the tradition of the environmental movement, which first invented and then sought to protect something called “the environment,” Boyle hopes that we can first understand and then protect the public domain – the ecological center of the “information environment.”

With a clear analysis of issues ranging from Thomas Jefferson’s philosophy of innovation to musical sampling, from Internet file sharing and genetic engineering to patented peanut butter sandwiches, this articulate and charming book brings a positive new perspective to important cultural and legal debates, including what Boyle calls the “range wars of the information age”: today’s heated battles over intellectual property. Intellectual property rights have been viewed as geeky, technical and inaccessible. Boyle shows that, as a culture, we can no longer afford the luxury of this kind of willed ignorance.   The “enclosure of the commons of the mind” matters and it matters to all of us. “Boyle has been the godfather of the Free Culture Movement since his extraordinary book, Shamans, Software, and Spleens set the framework for the field a decade ago,” says Lawrence Lessig,  “In this beautifully written and subtly argued book, Boyle has succeeded in resetting that framework, and beginning the work in the next stage of this field. The Public Domain is absolutely crucial to understanding where the debate has been, and where it will go. And Boyle’s work continues to be at the center of that debate.”

| The Public Domain |

Research reveals economic case for open access publishing « News from DIS

Research reveals economic case for open access publishing « News from DIS 

Research reveals economic case for open access publishing
Published January 28, 2009 Uncategorized
Tags: JISC, research, staff

A new research project commissioned by JISC is published today: Economic Implications of Alternative Scholarly Publishing Models: Exploring the costs and benefits.  One of the key findings is that sharing research information via a more open access publishing model would bring millions of pounds worth of savings to the higher education sector as well as benefiting UK plc.

Professor John Houghton from the Centre of Strategic Economic Studies at Melbourne’s Victoria University and Professor Charles Oppenheim at Loughborough University were asked to lead research that would throw light on the economic and social implications of new models for scholarly publishing.   The contributors from Loughborough included Charles Oppenheim, Anne Morris, Claire Creaser, Helen Greenwood, Mark Summers and Adrian Gourlay.


Research reveals economic case for open access publishing « News from DIS

Tuesday, January 27, 2009

RiP: A remix manifesto (Trailer) by Gaylor Brett, - NFB

RiP: A remix manifesto (Trailer) by Gaylor Brett, - NFB 

"Should follow the link for the Video....HSM"

 

RiP: A remix manifesto (Trailer)

Gaylor Brett, 2008, 2 min 30 s

Web activist and filmmaker Brett Gaylor explores copyright in the information age, mashing up the media landscape of the 21st ...
[ more ]

Web activist and filmmaker Brett Gaylor explores copyright in the information age, mashing up the media landscape of the 21st century and shattering the wall between users and producers.

The film’s central protagonist is Girl Talk, a mash-up musician topping the charts with his sample-based songs. But is Girl Talk a paragon of people power or the Pied Piper of piracy? Creative Commons founder Lawrence Lessig, Brazil's Minister of Culture Gilberto Gil and pop culture critic Cory Doctorow are also along for the ride.

A participatory media experiment, from day one, Brett shares his raw footage at opensourcecinema.org, for anyone to remix. This movie-as-mash-up method allows these remixes to become an integral part of the film. With RiP: A remix manifesto, Gaylor and Girl Talk sound an urgent alarm and draw the lines of battle.

Which side of the ideas war are you on?

RiP: A remix manifesto (Trailer) by Gaylor Brett, - NFB

Single Interface Library Service From Serials Solutions: The Summon

Single Interface Library Service From Serials Solutions: The Summon 

Single Interface Library Service From Serials Solutions: The Summon
by Barbara Quint
Posted On January 26, 2009


"How come this library isn’t as easy to use as Google?" Serials Solutions (www.serialssolutions.com), a subsidiary of ProQuest, is in beta testing on a product that it hopes will answer that question, "It is! We Summon you to see." Referred to by Serials Solutions staff as a "unified discovery service," the new interface provides a single search box—a la Google—that can reach out to all the digital sources available through library licensing and all the digitally identified physical resources, i.e., OPAC cataloged items. Developers of this hosted service maintain that it is moving far beyond traditional federated searching. The new service will likely be compared to other library portal services, such as Ex Libris’ Primo or Innovative Interfaces, Inc.’s Encore, both launched in 2006, which also aim to provide access to all types of library content. At the ALA Mid-Winter conference in Denver, Marshall Breeding, director for Innovative Technology and Research for the Vanderbilt University Libraries, described Summon as an interesting new product in the quest to help libraries deliver convenient access for their users to the full range of their collections that span both print and electronic content.

Jane Burke, vice president of Serials Solutions, described Summon as addressing the library community’s "most pressing need: a simple entry point to the vastness of library collections. One search box, one results screen, one path to the best, most credible content." She stressed how the service was a logical development: "Everything has been leading to this." As the product develops further, adding new features and signing up more publishers and library vendors, it could provide a lot more information, including support for interlibrary loan and acquisition as well as multimedia content, and more features, including citation formating and advanced search.

Burke made it clear that the target market for Summon is academic libraries, where, as John Law, vice president of discovery services at Serials Solutions, pointed out, licensed databases can number into the hundreds. When asked about corporate libraries or other libraries serving end users, Burke said, "We don’t know enough yet about other libraries."

Building on its extensive relationships with publishers and library vendors created in the course of developing the knowledgebase for its more than 2,000 library clients, Serials Solutions even boasts the support of a traditional ProQuest competitor, Cengage Gale, for the new Summon service. Two academic libraries, Dartmouth College Library and Oklahoma State University, are currently testing and providing feedback on Summon. The company will add one more beta test library each month from February through May. Serials Solutions hopes to release a version for purchase in midyear. No subscription price has been set as yet.

From the relevancy-ranked list, users can click to full-text articles as well as books, bibliographic and abstracting tools, online reference content, etc. One persistent problem with federated searching of any sort has been trying to widely relevancy rank different formats. If one uses any form of weighting for word counts, comparing full-text articles with catalog metadata for an article or book could be like comparing apples with orange orchards. Law stated, "This was one of the key challenges when we started designing the architecture. We want to enable Summon to tune relevance to content types. At this stage—and for the beta period—we’re using out-of-the-box relevancy ranking, but the next thing is to start the tuning." The results page already offers a number of refining options. For example, users can limit to scholarly publications including peer-reviewed content. They can specify format (books, articles, etc.), publication date ranges, broad subject categories, etc. A magnifying glass icon indicates content available for quick previews and users can also limit searches to items that are immediately available.

A key feature of Summon is the harvesting of content in the library’s ILS so that it can present a unified view of a library’s collection that includes both its physical collection as well as the electronic content it provides through its licensed subscriptions.

As for content, Summon includes publications from more than 300 million full-content articles harvested from 50,000 journals from 40 partners, such as Springer, Taylor & Francis, Sage Publications, etc. Other publishers participating include Nature Publishing Group, Oxford University Press, Cambridge University Press, the National Academy of Sciences, Maney, Kluwer Law International, Walter de Gruyter, Thieme, the ACM, the Institute of Physics, the American Medical Association, and the American Institute of Physics. Major abstracting and indexing services in Summon include EconLit, Sociological Abstracts, GPO, Medline, ERIC, Agricola, Pilots, Toxline, and OECD. Metadata for items linked in the database include DOI’s from CrossRef. (For details, go to www.serialssolutions.com/summon/summon-content-participants.html.) It is harvesting open access content from the Directory of Open Access Journals (DOAJ), Hindawi Publishing Corp., and arXiv e-prints. And the list of participants is growing rapidly.

Mike Buschman, senior product manager at Serials Solutions, says, "The service is changing rapidly and evolving new features." Though it is early days yet to evaluate the beta mode service, the centralization should make the service easy to implement and quick to perform. Serials Solutions will support any Open URL link resolvers, as well as SFX and other link resolvers. A "Search outside the Library Collection" option should help support interlibrary loan requests. An Advanced Search option will focus on "field-ed" data such as author names, titles, etc. Citation formating and exporting to bibliographic management software, such as EndNote, RefWorks, and ProCite, will be available. A recommendation engine is also in development. An open API will enable integration with existing library websites or campus systems.

In time, users could see the emergence of community services, such as forums and social networking among users and interested parties. Law envisions Summon "as an open platform in three ways—an open API, there now, open contributions of content, and the continuous enhancement of metadata. Like library cataloging has staff to enhance catalog records with new or different subject terms or metadata or authority files, we want to provide an opportunity for the library community to contribute. We haven’t worked out all the details yet, but we have partners working on that."

For any publisher or library vendor interested in participating, Serials Solutions claims great flexibility in accommodating any technical issues. It can crawl and transfer content through FTP, OAI, USB drives, etc. and content in any major format (XML, HTML, PDF, delimited ASCII, MARC, etc.). The company prefers complete backfiles and full citations. When asked if they would consider working directly with Google, e.g., if Google opens up its Google Book Search content as promised in its Google Book Search settlement announcement, Law responded with caution, stating that they might if the content were treated as coming from a cooperative consortium of participating institutions, they might incorporate links.

On Jan. 15, we posted a NewsBreak about a new platform from another ProQuest subsidiary, eLibrary ("New eLibrary Interface Shows the Path for ProQuest, http://newsbreaks.infotoday.com/nbReader.asp?ArticleId=52248). When I asked Barb Beach, vice president of publishing at ProQuest, whether the new eLibrary developments offered a precursor of the promised "super-platform" under development to support all ProQuest services, including Cambridge Scientific Abstracts and Dialog hosted files, the answer was a resounding yes. When I asked Jane Burke of Serials Solutions, another ProQuest subsidiary, the same question about Summon, the answer was an equally resounding no. Burke stated, "It is a separate service and a separate project. The platform ProQuest is working on is for ProQuest content and the in-depth need for storing and serving up their complete content. Summon is publisher-neutral. We are a neutral discovery service. It is not the same."


Barbara Quint is contributing editor for NewsBreaks, editor-in-chief of Searcher, and a columnist for Information Today.
Email Barbara Quint

Single Interface Library Service From Serials Solutions: The Summon

Nature Publishing Group Expands Open Access Choices

Nature Publishing Group Expands Open Access Choices 

Nature Publishing Group Expands Open Access Choices

Nature Publishing Group (NPG; www.nature.com) is expanding open access choices for authors in 2009, through both "green" self-archiving and "gold" (authors-pays) open access publication routes. Eleven more journals published by NPG are offering an open access option from January 2009. NPG has also expanded its Manuscript Deposition Service to include 32 further titles.

An open access option is now available to authors submitting original research to Molecular Therapy, published by NPG on behalf of the American Society of Gene Therapy, and to 10 journals owned by NPG. The journals offering this option are Cancer Gene Therapy, European Journal of Clinical Nutrition, Genes and Immunity, International Journal of Impotence Research, Journal of Exposure Science and Environmental Epidemiology, Journal of Human Hypertension, Journal of Perinatology, Molecular Psychiatry, The Pharmacogenomics Journal, and Prostate Cancer and Prostatic Diseases.

For a publication fee of £2,000 (about $3,000 U.S.; €2,400) articles will be open access on the journal website and will be identified in the online and print editions of the journal with an open access icon. The final, full-text version of the article will be deposited immediately on publication in PubMed Central (PMC), and authors will be entitled to self-archive the published version immediately on publication. Open access articles will be published under a Creative Commons license.

Editors will be blind as to whether or not authors have selected the open access option, avoiding any possibility of a conflict of interest during peer review and acceptance. Print subscription prices for these journals will not be affected. Site license prices will be adjusted in line with the amount of subscription-content published annually.

Continuing its support for the "green route" to open access on high-impact journals, NPG has extended its Manuscript Deposition Service. Forty-three journals published by NPG now offer the free service to help authors fulfill funder and institutional mandates for public access. In addition to Nature and the Nature research journals, 28 society and academic journals published by NPG now offer a Manuscript Deposition Service to authors of original research articles. A full list of participating journals is available on Nature.com at www.nature.com/authors/author_services/deposition.html.

Source: Nature Publishing Group

Nature Publishing Group Expands Open Access Choices

Warner Music vs. YouTube casualties include a banjo-playing 'Star Wars' fan | Technology | Los Angeles Times

Warner Music vs. YouTube casualties include a banjo-playing 'Star Wars' fan | Technology | Los Angeles Times 

Warner Music vs. YouTube casualties include a banjo-playing 'Star Wars' fan

6:32 PM, January 26, 2009

A couple of years ago in a galaxy very, very nearby (OK, it's this one), a Web developer who does contract work for the U.S. Air Force filmed himself playing the "Star Wars" theme song on his banjo.

The banjo player, Will Chatham, from Asheville, N.C., posted the video to YouTube. It amassed 1.5 million hits, 8,000 comments, numerous blog-post references and an offer to play a gig at Lucasfilm's 30th anniversary "Star Wars" party. Oh, plus one notice of copyright infringement.

The notice landed last week, making Chatham one of many casualties of the falling out between Warner Music Group and YouTube. It began last month with music videos from such major acts as Linkin Park and rapper T.I. disappearing from the video portal, then quickly escalated.

Warner, it appears, didn't even warn some of its own bands before pulling clips. Social news website Reddit pointed out that pop rockers Death Cab for Cutie were left with egg on their faces, when links on the band's website began pointing to copyright-infringement notices on YouTube instead of the music videos that once stood in their place. The band's webmaster has since removed the links.

Chatham, who plays in a bluegrass group called the Whappers (no, they're not signed to Warner), is fighting back. Since receiving the e-mail from YouTube regarding Warner's claim, Chatham has filled out copyright counterclaim papers. If Warner doesn't respond within 10 days, YouTube is obligated to put the banjo video back online, Chatham has learned.

He says he can't understand how the innocent clip of him playing his cover version on a couch -- a video that was once chosen by YouTube to be featured on its home page -- could be illegal.

"It's me just sitting there, playing on my banjo," he said. "If someone actually stopped and looked at it, they would be like, Oh, well, that's just some guy being silly."

Neither Warner, nor the company's lawyer, nor YouTube would ...

... comment on the case. But Chatham appears to have been dinged for performing a copyrighted song without permission. The legal definition of "performance" in situations like these remains a gray area and may continue to be until YouTube hobbyists begin to bring these cases to court.

YouTube provides content owners, including Warner, access to

identification tools so they can elect to monetize or remove user's uploads that match the copyright owner's reference material. Warner chose the latter.

Warner says it's working toward negotiating a contract that would put its videos back on YouTube. "Until then, we simply cannot accept terms that fail to appropriately and fairly compensate recording artists, songwriters, labels and publishers for the value they provide," the recording company said in an e-mailed statement.

Chatham isn't alone in his grassroots struggle. Many are expressing their disdain in the form of video rants -- some with more vulgarity than others.

(We apologize in advance for breaking the blogger's code and not linking to the videos we're telling you about, but we've got family-standards rules to follow here at the L.A. Times. But you can see some of them on this TechCrunch post about the YouTube-Warner fight from this weekend.)

One video we could embed is above, by Juliet Weybret, a 15-year-old singer who says her piano-and-vocals rendition of "Winter Wonderland" was yanked because it infringed Warner Music's copyrights. "I'm furious right now," her video begins.

Several other videos condemn Warner Music's decision in unequivocal (and unprintable) terms. One frequently viewed clip features images of former President George W. Bush, SpongeBob SquarePants and Warner artist Madonna extending their middle fingers, while the accompanying text describes the company as a "greedy corporate pig." 

Another video is addressed to the label's executives. A single, typewritten protest criticizes Warner for aggressively patrolling and removing its music videos from YouTube and other online video sites. It also offers some unsolicited advice: "I suggest you lighten up and start being a little more fan-friendly."

One fatigue-clad YouTuber, a 37-year-old who goes by the name Tyger WDR, launches into a six-minute rant that definitely warrants the explicit-lyrics warning he includes at the beginning. He advises other YouTube users to eschew the "very juvenile" extended-middle-finger type protests and express their displeasure like adults -- by complaining directly to Warner Music and YouTube owner Google via fax and e-mail. For good measure, he displays their corporate contact information.

"Let them know that we will not be ignored, we will be heard, and we are not happy," he says.

-- Mark Milian and Dawn C. Chmielewski

Warner Music vs. YouTube casualties include a banjo-playing 'Star Wars' fan | Technology | Los Angeles Times

IPR LiBlog: A CAS for Plasma Physicists: Open Access e-prints in Physics

 

IPR LiBlog: A CAS for Plasma Physicists

The amount of information being generated in any area of research is growing tremendously and it is really difficult to keep track of all the information. Stay updated with current contents of some CORE JOURNALS and News on Plasma Physics

Welcome to Institute for Plasma Research (IPR) Library Current Awareness Service (CAS)

Stay Updated with Latest News and Publications in Plasma Physics

IPR LiBlog: A CAS for Plasma Physicists: Open Access e-prints in Physics

Genome Medicine: Bridging the gap between research and clinical practice

Genome Medicine: Bridging the gap between research and clinical practice 

Genome Medicine: Bridging the gap between research and clinical practice

Today, BioMed Central's premier open access medical journal Genome Medicine has officially launched with the publication of its January 2009 issue.

Genomic medicine is at the leading edge of medical advances and is one of fastest growing areas of biomedical research. Our growing understanding of the human genome and proteome is making it possible to identify the genetic changes that underlie human disease, and to offer a new set of tools for diagnosis and treatment.

Technological innovations are bringing us ever closer to an era of personalized medicine, in which treatment plans are optimized according to the genetic makeup of the individual and the characterization of their particular problem. Earlier diagnoses, improved prevention, and reduced risk of adverse side effects are just some of the benefits that are anticipated from this next generation of medicine.

The launch of Genome Medicine as an open access journal ensures that information on the latest research advances are available not just to researchers, but also to physicians and their patients around the globe, providing up-to-date information that will affect medical treatments.

Progress in genomic medicine will depend on effective collaboration between basic researchers and clinicians. Genome Medicine will feature a column, "Musings on Genome Medicine", written jointly by Dr David G Nathan, a leading physician, and Dr Stuart Orkin, a geneticist at the Dana Farber Cancer Institute. The first column examines the significance of genome-wide association studies, suggesting that while these studies are useful, the hundreds of millions of dollars spent on them have not allowed us to discover strong links between genetic variants and the risk for the majority of common diseases, and it is not at all clear that useful therapies will emerge from the associations that have been made. The column goes on to suggest that researchers must always focus most of their resources on experiments that are ultimately, most likely to contribute to our understanding of the underlying mechanisms of health and disease.

The journal emphasizes research into the clinical use of new genomic diagnostics and therapeutics. The practice of genomic medicine brings with it a wide range of challenging ethical, social, and legal questions, and Genome Medicine has a special section focused on these areas. In the launch issue, Timothy Caulfield and colleagues discuss the practical and ethical challenges of using information relating to ethnicity and ancestry in medical research and warn 'Given the potential for misinterpretation and misapplication of research findings, great care must be used in the characterization of study samples and the interpretation of observations', noting that 'such rigor is often absent in the reporting of race and ethnicity in the biomedical literature'.

All disciplines of medical research are likely to be profoundly affected by the genomic approaches and technologies currently under development, and an understanding of developments in these areas is increasingly important to the effective practice of medicine. The new open access journal Genome Medicine will give scientists, clinicians and patients the information they need to make sense of this rapidly changing field.

###

1. Genome Medicine (http://genomemedicine.com/) is an online peer-reviewed journal which publishes open access research articles of outstanding quality in all areas of medicine studied from a genomic or post-genomic perspective. The journal will have a special focus on the latest technologies and findings that impact on the understanding and management of human health and disease.

2. BioMed Central (http://www.biomedcentral.com/) is an STM (Science, Technology and Medicine) publisher which has pioneered the open access publishing model. All peer-reviewed research articles published by BioMed Central are made immediately and freely accessible online, and are licensed to allow redistribution and reuse. BioMed Central is part of Springer Science+Business Media, a leading global publisher in the STM sector.

Genome Medicine: Bridging the gap between research and clinical practice

Physicists Set Plan in Motion to Change Publishing System - Chronicle.com

 Physicists Set Plan in Motion to Change Publishing System - Chronicle.com

Physicists Set Plan in Motion to Change Publishing System

In what some are calling a peaceful revolution, researchers have mounted a takeover of high-energy-physics publishing. One signature at a time, national research agencies and university libraries have pledged to support a radical new system that would replace expensive subscriptions to leading journals with membership in a nonprofit group. The new organization would then dole out money to journal publishers, while pushing them to distribute all articles free online and to keep their prices in check.

The key: By teaming up, the libraries, which pay the bills, and the researchers, who provide the articles, will exert unprecedented leverage. The strategy might also convince journal editors — who have been reluctant to give away all of their content for fear of losing money — that libraries will continue to pay them even in an open-access system.

The group is called Scoap³, the Sponsoring Consortium for Open Access Publishing in Particle Physics. Since the project first announced its plan, in 2007, some of the world's leading institutions have expressed willingness to participate and pledged millions of dollars in support if the project comes together.

"For the first time in centuries, researchers are getting back control of the process of scholarly communication," says Salvatore Mele, a project leader for open-access efforts at CERN, the European particle-physics laboratory, who is one of the leaders of the group. He and others say they recently reached the halfway point in their pledge drive, and they hope to be up and running in another year. But while European institutions were quick to jump in, building support in the United States is taking longer than they initially hoped.

Under Pressure

Rising journal prices and falling library budgets have long pushed scholarly publishing toward a breaking point. The souring economy could lead more libraries to cancel more journal subscriptions, cutting researchers at those colleges off from published information. Fans of making journal articles free online say that a sustainable model for open-access publishing is key to keeping scholarly communication flowing.

So the time may be right for a grand reshaping of academic publishing, and leaders in physics hope that if their experiment works, other disciplines will follow suit.

Here's the pitch. Libraries would stop paying for subscriptions to journals in high-energy physics. Instead, each library or government agency would pay a set amount every year to the new nonprofit group. Each journal publisher would then apply for a portion of that money, submitting a bid spelling out how much it would cost them to review, edit, and publish their articles that year (building in some profit as well). To win a bid, the journals would commit to publishing their articles free online for anyone to see.

The amount that each library pays would be determined by the group, based on a formula that took into account how many of each institution's researchers published in the journals. Leaders of the project estimate that it would take about $14-million a year to support all the journals in the research area.

Project leaders hope the same familiar journals would continue to appear, and with the same number of articles. But the libraries, by teaming up, would gain unprecedented power in influencing prices and dictating how articles are distributed.

Reluctant Publishers

So far the journal publishers say they are willing to consider such a model, but they are hardly enthusiastic. "We must show some good will," said Christian Caron, an executive editor at the publishing conglomerate Springer Science+Business Media, which oversees a major high-energy-physics journal. "We pledge that we will sit down at the table for negotiations." He described his attitude toward the project as "a very cautious 'Let's see and discuss it.'"

Mr. Caron argued that Springer's journals already allow authors to publish their articles in an open-access format if the scientist pays a fee, and he defended the company's subscription prices. But he said everyone was looking for a business model that would hold up over the long run.

Several factors make high-energy physics an ideal field for this experiment. For one thing, it is a relatively small and tight-knit research area, where almost all major papers appear in just six journals. And the scientists are accustomed to teaming up on big projects and sharing facilities, like the Large Hadron Collider, the $10-billion atom smasher that recently opened at CERN.

High-energy physicists also boast a history of innovation in scholarly communications. It was a researcher at CERN, Tim Berners-Lee, who invented the World Wide Web back in the 1990s as a way for colleagues to collaborate. (The first Web server sits enshrined under Plexiglas at CERN, just down the hall from Mr. Mele's office.)

And for years, physics researchers have posted rough drafts of their papers in digital archives to quickly share their findings with colleagues. In that sense, they were pioneers of open access.

The popularity of those free drafts, called preprints, raises the question of whether the scientists need old-fashioned journals at all. An estimated 90 percent of findings in high-energy physics appear in digital preprint repositories like arXiv, a major international collection hosted by Cornell University. Some journals in the field even allow authors to post their final, edited papers in the archives free of charge.

But Mr. Mele says journals still play a crucial role in the professional life of scientists, even though readership has declined. "We do not buy journals to read them, we buy journals to support them," he said. "They do something crucial, which is peer review."

Without journals, he asks, how would colleges evaluate the work of scientists to know whom to hire or whom to promote? And how would other scientists know which of the thousands of preprints contain the most important findings?

"What we are really paying for here is for a service of peer review," he said.

Shuttle Diplomacy

Mr. Mele has now become a kind of international traveling salesman for the project, shuttling from library to library and from publisher to publisher. "I've lost count of how many countries I've visited this year," he said.

The project quickly gained a critical mass in Europe, where in many countries Mr. Mele needed only to convince a single government agency or consortium that wields broad purchasing power. So far more than 19 countries have pledged to participate, including Belgium, France, Germany, Greece, Hungary, Israel, Italy, Norway, Sweden, Switzerland, and Turkey, according to project leaders.

Colleges in the United States have been a tougher sell. Mr. Mele held a meeting at the University of California at Berkeley last February to pitch the plan to college librarians from around the country.

The librarians praised the goals of the project, but some asked whether it was sustainable. After all, if the journals make their contents free online, why should college libraries use their shrinking resources to pay for them?

Some librarians at public institutions say they cannot participate even if they want to. "Most states require that public funds allocated for purchasing have to be used to actually purchase something," said Dennis Dillon, associate director for research services at the University of Texas at Austin. That is certainly the case in Texas, he said. "They can't be used to pay for something that everyone already has for free."

Some journal editors are also anxious about whether the project will work.

"We are gravely concerned about the difficulty of reassembling our subscription model were Scoap³ to fail," said Gene D. Sprouse, editor in chief at the American Physical Society, in a written statement. The society publishes one of the major journals in the field, Physical Review D. "The current subscription-based funding model, though far from perfect, has provided adequate and stable funding, in harmony with the arXiv," he said, referring to the popular preprint database.

Paul Ginsparg, a physics professor at Cornell who started arXiv, also expressed skepticism about the new project's viability, echoing concerns about the project's financial model.

He said he hoped that open-access options would become so compelling — and incorporate new features that are so useful — that researchers would only want to publish their papers in journals that choose to be completely open. "Such systems are currently under construction," Mr. Ginsparg said, "but some of my colleagues argue that it's useful to have additional mechanisms to force the materials out there — to hasten the transition to 21st-century scholarly-communications infrastructure."

Despite such skepticism, more than 30 colleges and several library consortia in the United States have pledged to participate.

"We have to find better ways to use the funds from libraries," said Kimberly Douglas, head librarian at the California Institute of Technology, one of the first to sign on. How likely does Ms. Douglas think the project is to succeed? "We'll never know unless we try," she said.

Peter Suber, a research professor of philosophy at Earlham College and a longtime promoter of open access to scholarly publications, praised the project for involving publishers in the discussions and for searching for a compromise.

He said CERN holds a dominant position in the high-energy-physics field that is unusual in academe. "If any institution can make it work, it's CERN," he said. "It really got the stakeholders together, and it got them to agree that this is worth a try."

Even so, the project has already proved more unwieldy than organizers hoped.

"It's taking a good bit of time just to line up the necessary expressions of interest," said Tom Sanville, executive director of OhioLINK, which has pledged support for the project.

In fact, organizers had hoped to have reached their pledge goal by now, but they say they are still months away.

Fans of the project, especially those in Europe, say that Scoap³ or something like it is coming.

"I call it the logical next step, to move beyond the repository and subscription model scheme," said Ralf Schimmer, head of scientific-information provision at the Max Planck Digital Library, in Germany. "Open access is an inevitable, unstoppable, and irreversible development."


http://chronicle.com
Section: The Faculty
Volume 55, Issue 21, Page A1

Physicists Set Plan in Motion to Change Publishing System - Chronicle.com

Thursday, January 22, 2009

Journal Quality List - Anne-Wil Harzing

Journal Quality List - Anne-Wil Harzing 

Journal Quality List

Compiled and edited by Prof. Anne-Wil Harzing

32nd Edition, 26 September 2008

Introduction

The Journal Quality List is a collation of journal rankings from a variety of sources. It is published primarily to assist academics to target papers at journals of an appropriate standard. We would be concerned if the list were used for staff evaluation purposes in a mechanistic way.

The list was originally collated while the editor was associated with the Bradford University School of Management (1997-2001). Since then, the list has been updated and extended periodically to keep it current. It is now in its 32nd edition.

Whilst every effort has been made to ensure the accuracy of the Journal Quality List, we recommend that it be checked before used extensively for evaluation purposes. The editor will not be held responsible for omissions or errors. The current version of the JQL contains 20 different rankings of 906 journals.

Copyright © 2000-2008 Anne-Wil Harzing. All rights reserved.
Permission to use or copy this list in its entirety is hereby granted, provided that all copies include the title page, copyright notice, and all explanatory notes. All other uses, copying, or other forms of reproduction are prohibited.

Journal Quality List - Anne-Wil Harzing

Tuesday, January 20, 2009

SpringerLink - Journal Article

SpringerLink - Journal Article

"Journal article on copyright and social networking" -- HSM

Shared electronic spaces in the classroom: Copyright, privacy, and guidelines

Journal
TechTrends

Publisher
Springer Boston

ISSN
8756-3894 (Print) 1559-7075 (Online)

Issue
Volume 51, Number 1 / January, 2007

DOI
10.1007/s11528-007-0004-1

Pages
12-15

Subject Collection
Humanities, Social Sciences and Law

SpringerLink Date
Monday, March 05, 2007

SpringerLink - Journal Article

Wednesday, January 14, 2009

Hprints.org :: [hprints-00326285, version 1] The integration of open access journals in the scholarly communication system: three science fields

Hprints.org :: [hprints-00326285, version 1] The integration of open access journals in the scholarly communication system: three science fields 

The integration of open access journals in the scholarly communication system: three science fields

Tove Faber Frandsen 1

(2008)


The greatest number of open access journals (OAJs) is found in the sciences and their influence is growing. However, there are only a few studies on the acceptance and thereby integration of these OAJs in the scholarly communication system. Even fewer studies provide insight into the differences across disciplines. This study is an analysis of the citing behaviour in journals within three science fields: biology, mathematics, and pharmacy and pharmacology. It is a statistical analysis of OAJs as well as non-OAJs including both the citing and cited side of the journal to journal citations. The multivariate linear regression reveals many similarities in citing behaviour across fields and media. But it also points to great differences in the integration of OAJs. The integration of OAJs in the scholarly communication system varies considerably across fields. The implications for bibliometric research are discussed.

1: Royal School of Library and Information Science (RSLIS)


oa-interaction.pdf (186.8 KB)


hprints-00326285, version 1

http://www.hprints.org/hprints-00326285/en/

oai:hal.archives-ouvertes.fr:hprints-00326285_v1

From: Tove Faber Frandsen < tff@db.dk>

Thursday, 2 October 2008 14:22:12

Hprints.org :: [hprints-00326285, version 1] The integration of open access journals in the scholarly communication system: three science fields

Cell Transplantation Now Open-Access

 Cell Transplantation Now Open-Access

Cell Transplantation Now Open-Access

Cell Transplantation - The Regenerative Medicine Journal , the number two journal ranked by impact factor in the field of transplantation, has become an "open access" journal from the 1st January 2009, starting with volume 18, making it available on the World Wide Web without subscription to researchers and clinicians as well the public and members of the media. The journal's new open access policy aligns it with the policies of a growing number of funding agencies, including the National Institutes of Health and the Wellcome Foundation, said journal coeditor-in-chief Dr. Paul Sanberg, Distinguished Professor at University of South Florida Health.
"Making important research easily accessible to the public creates a win-win situation for citizens and for researchers," said Sanberg. "The advantage for our authors is that fellow researchers and students will be able to download, reference and cite the latest research. Also, members of the public, who may have interests or concerns about the progress of the science of cell transplantation, can be better informed about groundbreaking research."
The open access movement in scholarly publishing, increasing over the last several years, unlocks an educational door that formerly required an expensive key. Many researchers, as well as institutional libraries, have in the past been unable to afford to provide their students, researchers and faculty members expensive journals with subscription rates that rise into the hundreds of dollars per year. It is estimated that globally well over 1,500 scholarly journals are now open access journals.
According to Cell Transplantation co-editor-in-chief Dr. Camillo Ricordi, Diabetes Research Institute, University of Miami Miller School of Medicine, accessibility also means greater impact on the science community when more researchers are able to access, read and cite a greater number of studies.
"Science can move more quickly when access to the latest research is unhindered," said Dr. Ricordi.
Contributors to Cell Transplantation have applauded the move.
Both Drs. Ricordi and Sanberg agree that the public, who will ultimately benefit from the advancements in cell transplantation, should be able to stay informed.
"Cell Transplantation represents hope for millions of people who want to see our pioneering clinical efforts treat and cure diseases such as cancer, diabetes, spinal cord injury, Alzheimer's disease and Parkinson's disease," said Dr. Sanberg.
----------------------------
Article adapted by Medical News Today from original press release.
----------------------------

Cell Transplantation Now Open-Access

BioMed Central Blog : Head & Neck Oncology: a new open access publication

BioMed Central Blog : Head & Neck Oncology: a new open access publication 

Head & Neck Oncology: a new open access publication

BioMed Central has launched a new open access publication, Head & Neck Oncology. Led by Editors-in-Chief Adel El-Naggar, Colin Hopper, Waseem Jerjes and Tahwinder Upile, the journal encompasses all aspects of clinical practice, basic and translational research relating to tumours of the head and neck. The journal is the official publication of the Head & Neck Optical Diagnostics Society.
By providing researchers and clinicians in the field with practical updates at the edge of translational research, the journal aims to facilitate collaboration between specialists for the benefit of the patients. For further information please visit the journal ‘About’ page, or read the inaugural Editorial.
Head & Neck Oncology is providing financial assistance to support the journal's important contribution to the field. Authors who would like to request assistance with article-processing charges are encouraged to contact the Editors-in-Chief.
Register now to receive article alerts when new research is published, or visit the instructions for authors before submitting your own research to Head & Neck Oncology.

BioMed Central Blog : Head & Neck Oncology: a new open access publication

Supreme Court deals setback to cable TV firms on video recording - Los Angeles Times

Supreme Court deals setback to cable TV firms on video recording - Los Angeles Times 

Supreme Court deals setback to cable TV firms on video recording

Companies want to offer customers a service that doesn't require a set-top box. The court asks the Justice Department to determine whether it would violate the Copyright Act.

By David G. Savage
January 13, 2009

Reporting from Washington -- The Supreme Court declined Monday to clear the way for cable TV companies to offer their customers a new, easier way to record broadcasts for later viewing -- and without needing a video recorder in their homes.
Instead, the court asked the Justice Department to weigh in on whether this new video recording service would violate the copyrights of the TV networks and Hollywood film studios.

Three years ago, the networks and studios went to court in New York, seeking to block Cablevision Systems Corp. from introducing its Remote Storage-Digital Video Recorder. They said the Copyright Act gave them "exclusive rights" to control and profit from their copyrighted works.
The court's move will delay for months a final decision. Lawyers for the incoming Obama administration will be asked to study the legal question and then advise the court on their conclusion.
The pending case could have a wide effect on the emerging era of video on demand. In 1984, the Supreme Court cleared the way for the use of home videocassette recorders when it rejected a copyright challenge from the TV and film industry.

Afterward, VCRs became standard equipment in most homes. Now the cable TV companies want to go a step further and record shows for their customers at their request. The copies would be stored in companies' central computers rather than in a digital record at home.
Cablevision's chief operating officer, Tom Rutledge, called it a "tremendous victory for consumers" last year when a U.S. appeals court rejected the TV networks' copyright challenge. "This is a real opportunity to transform television," he added.
Fearing that prospect, the networks and studios appealed to the Supreme Court in October. They said Cablevision was violating the law because it did not plan to pay a licensing fee to make copies of their TV shows.
The legal debate has turned on a simple question: Who is doing the copying? A federal judge ruled against Cablevision in 2006 and said it was copying television shows for consumers. Last year, the appeals court ruled for Cablevision and said consumers would be copying their favorite shows for themselves.
Comcast Corp. and Time Warner Cable Inc. said they planned to introduce a similar service if Cablevision prevailed in the legal battle.
The Supreme Court appeal was led by Cable News Network and joined by the all the major network and film studios. Other groups, including Major League Baseball, the National Football League and the Screen Actors Guild, separately urged the court to hear the case.
They said the case could be the most important ruling on copyright law since the 1984 decision in the case of Sony Corp.'s video recorder.
On Monday morning, the court issued a one-line order in Cable News Network vs. CSC Holdings, saying the solicitor general "is invited to file a brief in this case expressing the views of the United States."
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. said they took no part in this decision, apparently because they own stocks in the affected companies.
If the solicitor general advises the court to take up the issue, the case would not be heard until the fall.
david.savage@latimes.com

Supreme Court deals setback to cable TV firms on video recording - Los Angeles Times

FAST Supports New Zealand's Three-Strikes Plan for File-Sharers

FAST Supports New Zealand's Three-Strikes Plan for File-Sharers

"seems like the slippery slope that youtube is employing -- just make a claim of infringement and the party is guilty, the same scare tactics which make 'fair use" ineffective because it makes users more cautious and self imposes penalties or rules above which may be needed" -- HSM

 

FAST Supports New Zealand's Three-Strikes Plan for File-Sharers

posted by soulxtc in file sharing // 1 day 2 hours 59 minutes ago

The UK's Federation Against Software Theft (FAST IiS) has given a "cautious welcome" to New Zealand's new copyright protection laws, which will terminate Internet access for repeat copyright infringers. FAST now appears to be promoting a similar system for use with UK broadband ISPs

According to James Craig, Legal Counsel at FAST IiS, the proposal offers a possible option for the UK to follow: “This is definitely something the UK can look at, albeit with tightly-defined definitions,” says James.

“At FAST IiS we favour a three strikes and you’re out policy," it says in a press release. "This allows a gradual build up of pressure on copyright infringers that ranges from notification of wrongdoing, possible reduction in bandwidth for a second offence, and termination of connection for persistent content thieves.”

Section 92 of New Zealand's Copyright (New Technologies) Amendment Act, enacted this past April and set to take effect at the end of February, requires ISPs to act on "guilt upon accusation," disconnecting those users merely alleged of engaging in copyright infringement.

Section 92A reads:

    “(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.

    “(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.

Whats's of concern is that it doesn't require the creation of a process whereby individuals can challenge any copyright infringement accusations made against them. The ISP isn't going to go out of its way to determine a person's guilt and will instead not want to risk breaking the law or lawsuit by a copyright holder.

However FAST, unlike certain creative industry representatives’ in the UK, does at least acknowledge that the methods used to identify illegal file sharers is prone to error.

"Technology is not foolproof and care needs to be taken to ensure innocent parties who may have suffered hijacked wi-fi, or the unwitting owners of a shared computer are not unfairly blamed," it continues. “These issues need to be taken into consideration before anyone is sanctioned, as unfounded accusations do not benefit anyone in the consumer or copyright community.”

One problem is that some P2P file-sharing networks add spoof or fake IP addresses into their systems to confuse the identification of wrongdoers, which can be problematic for legitimate users utilizing the real IP address.

Another concerns the issue of false positives that prove the haphazard nature of IP address identification. If you recall, University of Washington researchers released a study a little over 7 months ago that illustrated how the current method employed by copyright holders to make copyright infringement claims against BitTorrent users can not conclusively determine if actual copyright infringement has taken place.

"By profiling copyright enforcement in the popular BitTorrent file sharing system, we were able to generate hundreds of real DMCA takedown notices for computers at the University of Washington that never downloaded nor shared any content whatsoever," reads part of the conclusions in "Challenges and Directions for Monitoring P2P File-Sharing Networks."

"Further, we were able to remotely generate complaints for nonsense devices including several printers and a (non-NAT) wireless access point. Our results demonstrate several simple techniques that a malicious user could use to frame arbitrary network endpoints."

So concerns that innocent users can be caught up in the dragnet with no legal recourse are justified.

“The issue of online copyright theft is of global concern. Other Governments are articulating their intentions and working to uphold the rights of legitimate businesses and consumers of digital content. Here in the UK a coherent strategy that works for all copyright holders who suffer digital theft would benefit the entire country, safeguard jobs and taxes and allow the UK to compete with our competitors in the international marketplace.”

“It is important to protect our UK creative industries which employ 1.9 million people and generates eight percent of our GDP. That’s a lot of people who depend on the law to safeguard their products and their jobs, ” James concluded.

That may be so, but are the majority of the people of the UK always going to be expected to limit their ability to communicate freely with one another so that a minority can have a job? What about the job creation possible if the govt prevents private business interests from filtering the Internet and forces them to finally evolve?

FAST Supports New Zealand's Three-Strikes Plan for File-Sharers

A Historical Look At Copyright And Music | Techdirt

 A Historical Look At Copyright And Music | Techdirt

A Historical Look At Copyright And Music

Jon sends in an interesting link from the New Statesman from last month, discussing some of the history of music and copyright, specifically as it concerned 19th century music. The article is something of a response to the ridiculous, unnecessary and dangerous plan in Europe to extend copyright on performance rights, supposedly to protect "session musicians," but which really just enriches the record labels, and would do very little for the session musicians (who made their deal with the public when they performed in the first place).
There are some notable points in the article, including the fact that since France was one of the first countries to have very strong intellectual property laws for music, many musicians tried to establish themselves in France, but the music produced under that system, in retrospect, isn't considered even remotely in the same class as some of the music produced elsewhere -- even though it was the French composers who got wealthy. In other words, the system of granting monopolies did not do much to encourage better music -- but did plenty to encourage a few mediocre composers to monopolize the system to get wealthy. That's not to say that the alternative business models were good for the musicians in question (the article notes the troubles many faced), but the purpose of copyright is not to make certain musicians rich, but to get them to create better content. And, these days, there are many mechanisms in place by which musicians can make money without relying on intellectual property protections.

A Historical Look At Copyright And Music | Techdirt

Photographer Patrick Cariou Sues Richard Prince for Copyright Infringement

 Photographer Patrick Cariou Sues Richard Prince for Copyright Infringement

Photographer Patrick Cariou Sues Richard Prince for Copyright Infringement

Jan 13, 2009

By Daryl Lang

“Takes of Brave Ulysses” by Richard Prince, from the Web site of the Gagosian Gallery. Photographer Patrick Cariou claims this collage illegally uses one of his images.

Photo Gallery

It was bound to happen eventually: A photographer has filed a copyright infringement lawsuit against artist Richard Prince.
French photographer Patrick Cariou has filed a lawsuit over a series of Prince collage paintings that were displayed recently at the Gagosian Gallery in New York. Cariou claims Prince’s “Canal Zone” series illegally borrows photographs from his book Yes Rasta.
Throughout his career, Prince has used borrowed images in his artwork. He has occasionally drawn criticism from photographers whose images he has used without permission, but no photographer has ever sued him.
Cariou filed a suit in a U.S. federal court in December against Prince, the Gagosian Gallery, gallery owner Lawrence Gagosian and book publisher Rizzoli, which handled a book connected to the gallery show.
The suit accuses all parties of copyright infringement and seeks unspecified damages. It also asks to have the unsold paintings and books impounded or destroyed, and for the plaintiffs to notify owners of sold paintings that it is illegal to display the work.
Cariou and Rizzoli Publications declined to comment for this story. PDN made several efforts to contact Prince and the Gagosian Gallery and will update this story if they respond.
Cariou’s book on Rastafarian culture, Yes Rasta, was published by powerHouse Books in 2000 and includes about 100 black-and-white photographs. The book was registered with the Copyright Office in 2001, according to the lawsuit. The suit says Cariou spent ten years living with Rastafarians in the mountains of Jamaica.
The lawsuit says at least 20 of the 22 collages in the Prince exhibition used Cariou’s photos. Based on a few sample photographs from the Yes Rasta book available online and images of Prince’s work posted on the Gagosian Gallery Web site, PDN spotted two examples of a Cariou photo reproduced in a Prince painting. The Prince works also include images of naked women that aren't from Cariou's book.
The lawsuit cites an Interview magazine article in which Prince discusses creating art based on a book he picked up about Rastas: “It's a very defined type of culture that I didn't really know much about. But I loved the look, and I loved the dreads, so I just started fooling around with this book, drawing it like I did with the de Kooning paintings.”
Press materials from the Gagosian gallery also say Prince used images “scanned from originals,” or cut out and pasted onto canvas with paint.
Cariou says he learned of the infringement after the exhibit opened in New York and sent a cease-and-desist letter to the gallery on December 11, 2008. The gallery kept the show open until its scheduled closing date of December 20.
Should the case go to trial, it could produce another decision on the subject of fair use, an unsettled area of copyright law.
The Cariou case is similar to a 2003 lawsuit by photographer Andrea Blanch against artist Jeff Koons. Koons used a photograph of a woman’s legs as part of a painted collage, and Blanch sued Koons for copyright infringement. A federal court awarded a decision in favor Koons, saying his work is transformative and fair use. An appeals court affirmed the decision in 2006. Koons has also lost three infringement lawsuits related to his art.
Prince’s best known work is his "Cowboy" series: large, photographic prints of cropped Marlboro cigarette ads that can fetch millions of dollars at auction. Two photographers, Sam Abell and Jim Kranz, have accused Prince of using image they shot for Marlboro, but neither they nor the cigarette maker Philip Morris has sued Prince.
Source document
The case is Cariou v. Prince et al., in the United States District Court for the Southern District of New York. View a PDF of the lawsuit on the PDNPulse blog.

Photographer Patrick Cariou Sues Richard Prince for Copyright Infringement

The music industry's digital reversal on copyright

The music industry's digital reversal on copyright

The music industry's digital reversal on copyright

Michael Geist

The Ottawa Citizen

Tuesday, January 13, 2009

Canadians focused on hockey success and economic doom-and-gloom over the past month may have missed a series of events that suggest a dramatic shift for the recording industry. For much of the past decade, the industry has relied on three pillars to combat peer-to-peer file sharing -- lawsuits, locks, and legislation.

The lawsuits, which began in 2003, resulted in suits against more than 35,000 alleged file sharers in the United States. The locks, which refers to digital locks that seek to impose copy-controls on music files, was a requirement for online services such as iTunes before it was given the green light, while the lobbying for legislative reforms to support the use of copy-controls led Canada to introduce the failed Bill C-61.

In a matter of weeks, the foundation of each of these pillars has either crumbled or shown serious signs of cracking.

The changes began with the announcement in late December that the industry was abandoning the lawsuit strategy. While cases already filed will continue, the Recording Industry Association of America indicated that it plans to shift its attention to discussions with Internet service providers that it hopes will lead to the adoption of a controversial "three strikes and you're out" policy for repeated cases of unauthorized file sharing.

The decision to drop the lawsuit strategy was long overdue as it had accomplished little more than engender significant animosity toward the industry. In fact, the approach had recently come under legal fire with courts challenging the industry's contention that liability flowed merely from making files available on a shared hard drive (some courts have demanded evidence of actual downloads) and a Harvard law professor using one case to question the constitutionality of damage awards that can run into the millions of dollars for a handful of songs that sell for 99 cents each.

The Canadian situation was similarly unsuccessful as the courts rejected lawsuits against 29 alleged file sharers in 2004 on evidentiary and legal grounds. The failed cases were particularly damaging since they led to the perception that all file sharing is legal in Canada (it is not)

The case also helped to convince some of Canada's best-known artists to speak out against the practice.

The crumbling of the locks pillar came last week when Apple, the dominant online music seller, announced that it will soon offer millions of songs from all four major record labels without digital locks. Apple had long supported the removal of the locks, but faced resistance from some record labels.

The about face reflects the recognition that frustrating consumers with unnecessary restrictions is not a particularly good business model. Moreover, the interoperability problems (songs locked to a single device) and security threats (the Sony rootkit fiasco that led to class action consumer lawsuits) associated with the locks clearly made their use more trouble than they were worth.

With lawsuits and locks on the way out, cracks are now also showing in the legislative pillar. In addition to the privacy, security, and consumer concerns with such legislation, laws to protect digital locks seems increasingly unnecessary given the decision to abandon their use in the primary digital sales channel.

Nielsen Soundscan data released last week also undermine a key argument for such reforms. The industry has long claimed that the legislative changes are needed to support the development of a digital marketplace in Canada. The 2008 Canadian sales data reveal that laws are not the issue as Canada experienced a 58-per-cent increase in sales of digital tracks last year. That figure is more than double the U.S. growth of 27 per cent and, incredibly, marks the third consecutive year that Canada has outpaced the U.S. in digital music sales growth.

The data -- along with the crumbling of the lawsuits and locks strategy -- reinforce the view that it is innovation, not intervention from governments and courts, that will ultimately determine the digital winners and losers.

Michael Geist holds the Canada Research Chair in Internet and E- commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

© The Ottawa Citizen 2009

The music industry's digital reversal on copyright

TheStar.com | Opinion | Open Access would solve piracy issue

 TheStar.com | Opinion | Open Access would solve piracy issue

thestar.com LETTER TO THE EDITOR

Open Access would solve piracy issue

Jan 14, 2009 04:30 AM

Re:Textbook piracy thriving around

city's campuses, Jan. 10

During my engineering undergraduate years at U of T, I found the best textbooks were informal documents maintained by my own professors. We paid only in comments and corrections, which we knew would benefit our juniors in the same courses.

Using the numbers from your thorough article, the $150 provincial grant barely covers two years of 6 per cent price increases on a $1,000 set of books. The student saves nothing, and the grant is pure profit for publishers.

The same publishers receive hundreds of thousands of dollars annually from Canadian universities for subscriptions to academic journals – even when those journals contain the products of publicly funded science. These costs are passed on to students as tuition increases.

The Open Access movement recognizes that this impedes the spread of knowledge, and advocates for free academic materials. MIT's OpenCourseWare project is a laudable example. As in the arts, digital media are allowing creators and consumers to both gain through bypassing the large corporations that have, until now, fed at both ends of the trough.

I hope to see continued treatment of this important issue in the Star's pages in the future.

Paul Kishimoto, Toronto

Your reporter writes that students are now photocopying textbooks to save money due to rising costs of post-secondary education. But copying textbooks was rampant in several Ontario universities I attended in the 1980s.

Dr. Peter Rozanec, Toronto

University textbook prices always ticked me off. I often thought the real criminals were the schools and the publishers. The teacher would say that we needed the "new" edition and that the previous year's edition would not do. But the only difference was that a new index page was inserted with a different publishing year inside. It was a joke, especially when the year was done and you realized how little of the book was actually used for the class.

Many students buy old editions at used bookstores, but aren't the schools and publishers just double-dipping on the sales of the same product? Additionally, how many schools make textbooks available in the school libraries?

And to be fair, why are the books so expensive? I expect an autographed Harry Potter or a first edition of A Tale of Two Cities to be pricey, but Calculus?

I'm glad I don't have to be bullied like that anymore. We should be helping kids, not exploiting them.

David Syrie, Mississauga

As a co-author of a university science textbook, I sympathize completely with the student concerns about the cost of textbooks. They do indeed seem exorbitant. As an author, I am not in a position to justify the publisher's price. I can, however, comment on a few points.

Textbooks are generally a "small market" project. Textbooks are not published in anything close to the volumes of a popular novelist. Most textbooks are also illustrated, which requires the services of an independent art firm to translate author's sketches into final illustrations. Text illustrations also complicate the production process.

Few textbook publishers maintain in-house production teams but, again, rely on outside production and design firms that specialize in technical publications. No matter how you cut it, most textbooks require the input of a lot of people with specialized talents and that drives up the production expense. Those costs have to be recovered with a relatively small number of unit sales. Photocopy piracy serves only to drive down unit sales and drive up the price.

You can't beat the price with soft covers. I am told that there is very little difference in the production costs for hard covers vs. soft covers. And I am not aware of any texts that are "revised" on an annual basis – the costs would be prohibitive. Our own book is revised on a 4- to 5-year cycle and, yes, it is significantly updated each time to reflect new knowledge in the field.

Publishers are in the business of producing and selling a product. They know that in order to sell that product, it must be competitively priced. I know from personal experience that they try everything they can to keep that price down. I can also guarantee you that most textbook authors are first of all teachers and they don't do it for the money.

William G. Hopkins, Professor Emeritus, University of Western Ontario

 

TheStar.com | Opinion | Open Access would solve piracy issue