Wednesday, January 14, 2009

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

Monday, November 24, 2008

Print: For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries - Chronicle.com

Print: For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries - Chronicle.com 

For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries

By JENNIFER HOWARD

"Rapidly changing" is the term most often used these days to describe the landscape of scholarly communication. Scholars have to clear new and higher hurdles as they bump up against copyright and fair-use issues, open-access mandates, and a baffling array of publication and dissemination models.

How much of his own published work can a scholar post on a personal Web site without raising his publisher's ire? How much of someone else's work can he use in his course pack without trampling on fair use and risking a fine or legal action? How does a researcher upload her work to her institution's repository, and are there consequences if she opts out? Those are just some of the questions that professors may find themselves tripping over.

Where can researchers find a guide to lead them through this 21st-century obstacle course?

The library, of course.

More institutions are creating or beefing up offices and programs in scholarly communication or hiring librarians with expertise in copyright and intellectual property.

Services vary wildly from place to place. But Karla Hahn, who directs the Office of Scholarly Communication for the Association of Research Libraries, has seen some major themes emerge. Faculty outreach — making sure that faculty members understand their rights and responsibilities and the options available to them — "is pretty universally a component," she says. Other common elements include helping academics figure out copyright issues and how to navigate institutional repositories. Offering publishing services outside of university presses is another large and growing area.

Over the past three years, Ms. Hahn says, many new programs have sprung up. Before that, research libraries held workshops or symposia on scholarly communication, but "we were not finding a lot of real established programs," she says. "The majority of our members now have some kind of programmatic emphasis."

She points to the interest generated by the association's Institute on Scholarly Communication, run jointly with the Association of College and Research Libraries. The institute holds periodic gatherings of library personnel assigned to scholarly-communication roles. For its first meeting, in 2005, "we had way more applications than we could accommodate in our 100 seats," Ms. Hahn told The Chronicle, and demand continues to be high.

The Chronicle talked with several people on the front lines about their enhanced roles. All of them are affiliated, loosely or closely, with research libraries, and their jobs reflect the wide array of services that now fall under the umbrella of scholarly communication programming.

The Copyright Czar

Kevin L. Smith, scholarly-communications officer at Duke University, has a staff of one: himself. Duke hired him two and a half years ago. He works out of the Duke University Libraries and maintains a blog, Scholarly Communications @ Duke, where he tracks and comments on major issues and developments. The blog is also designed to educate the university community about its rights and responsibilities.

"I'm supposed to be a resource for the whole university," he says. "I've been very, very busy from almost my first day." With a law degree as well as library expertise — a handy combination that is becoming more common among research librarians — Mr. Smith is particularly well equipped to handle questions about intellectual property and copyright as well as to help authors navigate the legal arcana of publishing contracts. He will even sometimes negotiate with a publisher on an author's behalf.

"Probably 65 to 70 percent of my time is dealing with the intellectual-property questions," he says. "Another 10 percent is spent trying to keep myself aware of national issues — legislation, litigation, things like the Google book settlement — and trying to figure out how they impact the university. Probably the remaining quarter of my time is spent dealing with publishing issues, author contracts, that kind of thing."

What he hears most often is a variation on the question "Can I use this particular piece of copyrighted material for whatever purpose I have in mind?" Maybe a graduate student wants to turn a journal article into a dissertation chapter. Perhaps a professor wants to post a chapter from her book on her Web site or pull a chapter of somebody else's for a course she's teaching.

Such concerns "take extraordinarily various forms, of course," Mr. Smith says. "Most often it's that they want to use somebody else's material."

He enjoys a good relationship with the university counsel's office, he says, but its work rarely overlaps with his. University lawyers "make the best decisions about how to reduce risk," he says. They're not there to answer copyright questions. For researchers, "I'm the person on whose door they can knock."

A High-Profile Mandate

Faculty outreach is also front and center in one of the most recent and most publicized experiments in scholarly communication. Harvard University's Faculty of Arts and Sciences voted in February to adopt an open-access requirement, requiring faculty members to deposit copies of journal articles in a new university repository.

To help scholars navigate the new requirement, the university established a dedicated Office for Scholarly Communication. It lives in the domain of Robert Darnton, director of the Harvard University Library, and is run by Stuart M. Shieber, a professor of computer science and a prime mover behind the open-access decision.

The new repository, called Digital Access to Scholarship at Harvard, or DASH, is now in beta testing. Mr. Shieber told The Chronicle in an e-mail interview that the university hopes it will be fully online early in the spring.

Mr. Shieber describes faculty interaction as "extremely important" to his office's mission. His staff has concentrated on getting the word out about the open-access policy, how to comply with it, and the mechanics of how to move work into DASH. The office is meeting with individual departments, and has staff members and student assistants who will help transfer articles and metadata into the repository.

Mr. Shieber told The Chronicle that just about all of Harvard's dozen or so faculties are considering open-access policies. "Each school has its own characteristics, and the policies need to be responsive to the differences among the schools," he says. "The process has to be faculty-based and consensual. But the office can help by advising and serving as a source for information."

Ambitions don't stop there. Mr. Shieber expects the office to evolve as "a laboratory for expanding and evolving scholarly communication practices." Perhaps its most important objective focuses on something of concern to librarians and scholars alike: figuring out a system to support authors who want to publish in open-access journals "by underwriting reasonable publication charges for those journals."

Paying to Publish

High publication costs are also much on the mind of David Stern, associate university librarian for scholarly resources at Brown University. Collection development is his primary charge. But that job now includes a portfolio of scholarly communication responsibilities, which he handles along with a team of other librarians. "It was recognized that the university needed to focus on accountability, return on investment, and compliance with new regulations," he told The Chronicle.

For Mr. Stern and his colleagues, that means raising "campus awareness" among faculty members and students. "That covers far more than just copyright," he says. "We talk about fair use and crediting and critical thinking and mashing, posting to the Web."

He and his colleagues contact every Brown researcher with a grant from the National Institutes of Health to make sure they know how to comply with the agency's public-access policy. It requires that research papers based on NIH-supported work be made freely available through the institutes' PubMed Central repository no later than 12 months after publication. That policy went into effect in April.

His job calls on him to sit down with authors to sort out their publishing choices, particularly with an eye to how much the different options cost. "At this point, what we're saying is 'Let's talk about the various business models, your roles in the process, and how your behaviors will influence the long-term solutions,'" Mr. Stern says.

Before he has that conversation with authors, Mr. Stern does the math. "We recommend that they select the highest-quality journal with the largest distribution, which is what they want," he says. But some journals charge higher authors' fees or have pricier subscription models than the university feels it can pay for. For instance, Mr. Stern ran the numbers and concluded that the library should not subsidize the Public Library of Science, an open-access science-publishing project that sustains its journals by charging authors (or their employers) $1,300 per article; it offers institutional memberships that reduce those fees. "We strongly support the idea of open access," Mr. Stern says. "We just have a problem with that particular business model."

"When we explain the financials" to authors, he says, "they understand it's not a matter of the money, it's a matter of the long-term viability. Many libraries don't do the analysis and just pay the bill. I'm here to do the analysis."

http://chronicle.com
Section: The Faculty
Volume 55, Issue 13, Page A8

Print: For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries - Chronicle.com

Print: For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries - Chronicle.com

Print: For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries - Chronicle.com 

For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries

By JENNIFER HOWARD

"Rapidly changing" is the term most often used these days to describe the landscape of scholarly communication. Scholars have to clear new and higher hurdles as they bump up against copyright and fair-use issues, open-access mandates, and a baffling array of publication and dissemination models.

How much of his own published work can a scholar post on a personal Web site without raising his publisher's ire? How much of someone else's work can he use in his course pack without trampling on fair use and risking a fine or legal action? How does a researcher upload her work to her institution's repository, and are there consequences if she opts out? Those are just some of the questions that professors may find themselves tripping over.

Where can researchers find a guide to lead them through this 21st-century obstacle course?

The library, of course.

More institutions are creating or beefing up offices and programs in scholarly communication or hiring librarians with expertise in copyright and intellectual property.

Services vary wildly from place to place. But Karla Hahn, who directs the Office of Scholarly Communication for the Association of Research Libraries, has seen some major themes emerge. Faculty outreach — making sure that faculty members understand their rights and responsibilities and the options available to them — "is pretty universally a component," she says. Other common elements include helping academics figure out copyright issues and how to navigate institutional repositories. Offering publishing services outside of university presses is another large and growing area.

Over the past three years, Ms. Hahn says, many new programs have sprung up. Before that, research libraries held workshops or symposia on scholarly communication, but "we were not finding a lot of real established programs," she says. "The majority of our members now have some kind of programmatic emphasis."

She points to the interest generated by the association's Institute on Scholarly Communication, run jointly with the Association of College and Research Libraries. The institute holds periodic gatherings of library personnel assigned to scholarly-communication roles. For its first meeting, in 2005, "we had way more applications than we could accommodate in our 100 seats," Ms. Hahn told The Chronicle, and demand continues to be high.

The Chronicle talked with several people on the front lines about their enhanced roles. All of them are affiliated, loosely or closely, with research libraries, and their jobs reflect the wide array of services that now fall under the umbrella of scholarly communication programming.

The Copyright Czar

Kevin L. Smith, scholarly-communications officer at Duke University, has a staff of one: himself. Duke hired him two and a half years ago. He works out of the Duke University Libraries and maintains a blog, Scholarly Communications @ Duke, where he tracks and comments on major issues and developments. The blog is also designed to educate the university community about its rights and responsibilities.

"I'm supposed to be a resource for the whole university," he says. "I've been very, very busy from almost my first day." With a law degree as well as library expertise — a handy combination that is becoming more common among research librarians — Mr. Smith is particularly well equipped to handle questions about intellectual property and copyright as well as to help authors navigate the legal arcana of publishing contracts. He will even sometimes negotiate with a publisher on an author's behalf.

"Probably 65 to 70 percent of my time is dealing with the intellectual-property questions," he says. "Another 10 percent is spent trying to keep myself aware of national issues — legislation, litigation, things like the Google book settlement — and trying to figure out how they impact the university. Probably the remaining quarter of my time is spent dealing with publishing issues, author contracts, that kind of thing."

What he hears most often is a variation on the question "Can I use this particular piece of copyrighted material for whatever purpose I have in mind?" Maybe a graduate student wants to turn a journal article into a dissertation chapter. Perhaps a professor wants to post a chapter from her book on her Web site or pull a chapter of somebody else's for a course she's teaching.

Such concerns "take extraordinarily various forms, of course," Mr. Smith says. "Most often it's that they want to use somebody else's material."

He enjoys a good relationship with the university counsel's office, he says, but its work rarely overlaps with his. University lawyers "make the best decisions about how to reduce risk," he says. They're not there to answer copyright questions. For researchers, "I'm the person on whose door they can knock."

A High-Profile Mandate

Faculty outreach is also front and center in one of the most recent and most publicized experiments in scholarly communication. Harvard University's Faculty of Arts and Sciences voted in February to adopt an open-access requirement, requiring faculty members to deposit copies of journal articles in a new university repository.

To help scholars navigate the new requirement, the university established a dedicated Office for Scholarly Communication. It lives in the domain of Robert Darnton, director of the Harvard University Library, and is run by Stuart M. Shieber, a professor of computer science and a prime mover behind the open-access decision.

The new repository, called Digital Access to Scholarship at Harvard, or DASH, is now in beta testing. Mr. Shieber told The Chronicle in an e-mail interview that the university hopes it will be fully online early in the spring.

Mr. Shieber describes faculty interaction as "extremely important" to his office's mission. His staff has concentrated on getting the word out about the open-access policy, how to comply with it, and the mechanics of how to move work into DASH. The office is meeting with individual departments, and has staff members and student assistants who will help transfer articles and metadata into the repository.

Mr. Shieber told The Chronicle that just about all of Harvard's dozen or so faculties are considering open-access policies. "Each school has its own characteristics, and the policies need to be responsive to the differences among the schools," he says. "The process has to be faculty-based and consensual. But the office can help by advising and serving as a source for information."

Ambitions don't stop there. Mr. Shieber expects the office to evolve as "a laboratory for expanding and evolving scholarly communication practices." Perhaps its most important objective focuses on something of concern to librarians and scholars alike: figuring out a system to support authors who want to publish in open-access journals "by underwriting reasonable publication charges for those journals."

Paying to Publish

High publication costs are also much on the mind of David Stern, associate university librarian for scholarly resources at Brown University. Collection development is his primary charge. But that job now includes a portfolio of scholarly communication responsibilities, which he handles along with a team of other librarians. "It was recognized that the university needed to focus on accountability, return on investment, and compliance with new regulations," he told The Chronicle.

For Mr. Stern and his colleagues, that means raising "campus awareness" among faculty members and students. "That covers far more than just copyright," he says. "We talk about fair use and crediting and critical thinking and mashing, posting to the Web."

He and his colleagues contact every Brown researcher with a grant from the National Institutes of Health to make sure they know how to comply with the agency's public-access policy. It requires that research papers based on NIH-supported work be made freely available through the institutes' PubMed Central repository no later than 12 months after publication. That policy went into effect in April.

His job calls on him to sit down with authors to sort out their publishing choices, particularly with an eye to how much the different options cost. "At this point, what we're saying is 'Let's talk about the various business models, your roles in the process, and how your behaviors will influence the long-term solutions,'" Mr. Stern says.

Before he has that conversation with authors, Mr. Stern does the math. "We recommend that they select the highest-quality journal with the largest distribution, which is what they want," he says. But some journals charge higher authors' fees or have pricier subscription models than the university feels it can pay for. For instance, Mr. Stern ran the numbers and concluded that the library should not subsidize the Public Library of Science, an open-access science-publishing project that sustains its journals by charging authors (or their employers) $1,300 per article; it offers institutional memberships that reduce those fees. "We strongly support the idea of open access," Mr. Stern says. "We just have a problem with that particular business model."

"When we explain the financials" to authors, he says, "they understand it's not a matter of the money, it's a matter of the long-term viability. Many libraries don't do the analysis and just pay the bill. I'm here to do the analysis."

http://chronicle.com
Section: The Faculty
Volume 55, Issue 13, Page A8

Print: For Advice on Publishing in the Digital World, Scholars Turn to Campus Libraries - Chronicle.com

Monday, November 17, 2008

AASLBlog » New Fair Use Guidelines for Digital Media

AASLBlog » New Fair Use Guidelines for Digital Media 

New Fair Use Guidelines for Digital Media November 14, 2008

Posted by jhurd in : Check this out! , trackback

Anyone working in libraries knows the confusion among faculty and students regarding the relationship between copyright, fair use and educational practice.  The Center for Social Media recently released their Code of Best Practices, a guideline “that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use.”

From their website:

The Code of Best Practices in Fair Use for Media Literacy Education outlines five principles, each with limitations:
Educators can, under some circumstances:

1. Make copies of newspaper articles, TV shows, and other copyrighted works, and use them and keep them for educational use.
2. Create curriculum materials and scholarship with copyrighted materials embedded.
3. Share, sell and distribute curriculum materials with copyrighted materials embedded.
Learners can, under some circumstances:
4. Use copyrighted works in creating new material
5. Distribute their works digitally if they meet the transformativeness standard.

AASLBlog » New Fair Use Guidelines for Digital Media