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Posts tagged fair use

ALA welcomes Court of Appeals reinforcement of fair use in Georgia State University case
October 23, 2014 | 12:25 pm

gsu-logo.jpgThe American Library Association (ALA) has issued a positive response to the recent decision by the U.S. Court of Appeals for the 11th Circuit handed in Cambridge University Press et al. v. Carl V. Patton et al., a case previously covered by Chris Meadows here. This is the latest round of proceedings following the suit bought by the Cambridge and Oxford University Presses, and SAGE Publishers against Georgia State University for copyright infringement in 2008. Courtney Young, president of the ALA, said: “The appellate court’s decision emphasizes what ALA and other library associations have always supported—thoughtful analysis of fair use and a rejection...

ALA comes out in favor of HathiTrust appeals ruling
June 18, 2014 | 12:25 pm

hathi.jpgThe American Library Association (ALA) has gone on record to declare its support for the recent appeals court victory by HathiTrust versus the Authors Guild for specific fair use by libraries. As already noted in Teleread, the U.S. Second Circuit Court of Appeals upheld an original ruling in Authors Guild v. HathiTrust, deciding that it is is fair use to provide a full text search database and access to works for those with print-reading disabilities . This shouldn't come as a surprise, since the whole case revolved around fair use by libraries in the first place, but it's good to see...

Appeals court rules HathiTrust book scanning is fair use
June 10, 2014 | 3:43 pm

Ars Technica reports that the 2nd Circuit Court of Appeals has ruled on the HathiTrust case, the legal sibling to the Google Books lawsuit. HathiTrust is the organization of university libraries that provided books to Google for scanning purposes in return for receiving copies for themselves. A Federal judge ruled HathiTrust to be fair use in October, 2012, and now the appeals court has upheld that ruling (PDF). The court found that, in scanning the books but not making their full text available (save to handicapped users, who have a special exemption under copyright law), the libraries were...

New author advocacy group Authors Alliance seeks to counterbalance Authors Guild on fair use issues
May 14, 2014 | 11:28 am

Origin 5142014 112418 AM.bmpA group of writers and copyright experts concerned over Authors Guild overreach has formed its own new author advocacy group, the Authors Alliance, to advocate in favor of fair use of works. Publishers Weekly has a fairly long interview with one of its directors, law professor Pamela Samuelson of the UC Berkeley Center for Law and Technology. (Samuelson’s name has popped up a few times on TeleRead as one of the critics of the proposed Google Books settlement and the Authors Guild’s role in it, and an organizer of the Berkeley Digital Library Copyright Project.) The Authors...

In Google Books appeal, Authors Guild decries Google’s impact on Amazon sales
April 12, 2014 | 6:12 am

The Authors Guild is appealing Google’s November fair use win in its Google Book scanning case. The Guild says that Google is “yanking readers out of online bookstores” and stifling online bookstore competition with its digitized books. "Google emptied the shelves of libraries and delivered truckloads of printed books to scanning centers, where the books were converted into digital format," the Guild's lawyers said. They wrote that the library project was designed to lure potential book purchasers away from online retailers like Amazon.com and drive them to Google. Wait, what? ...

UK intellectual property review frees up copying, parody
March 31, 2014 | 2:20 pm

The UK government has introduced a series of changes to copyright law across various media, including books. "These changes will affect how you can use content like books, music, films and photographs," says the introductory text at the UK Intellectual Property Office. "They will also introduce greater freedoms in copyright law to allow third parties to use copyright works for a variety of economically and/or socially valuable purposes without the need to seek permission from copyright owners." These remove the UK's anomalous legal restrictions on, for instance, ripping CDs and DVDs for backup and private home use, and open up...

Morning Links: Self-publishing is going to get bigger. Using samples for discoverability and more
March 13, 2014 | 9:00 am

self-publishingThe Business Rusch: Samples (Kristine Kathryn Rusch) I write a lot of short stories. I love them, which is one reason I write them. I also write short stories as a means to world-build my novels. *** Transformative or just taking? Lawyers struggle to define fair use in wake of Google Books case (GigaOM) The idea of “fair use” provides a critical exception to copyright law for artists, journalists and others. Increasingly, courts are asking if the new use is “transformative” – does this make sense? *** Self-Publishing is Just Going to Get Bigger, Embrace it (Brave New World) Some claim that by 2020 50% of all...

Fan artist complains of Anita Sarkeesian’s unauthorized use of Dragon’s Lair fan art
March 9, 2014 | 4:27 am

tropesvswomenHere’s an interesting conundrum concerning fair use of Internet artwork. It all started when an artist going by the moniker Cowkitty created some fan art of Princess Daphne, a character from Don Bluth’s Dragon’s Lair video game. Some time later, feminist media critic Anita Sarkeesian crowdfunded a series of YouTube videos called Tropes vs. Women in Video Games. And promotional material used for the $150,000 Kickstarter campaign, which collected a number of female characters from video games, made use of Cowkitty’s fan art without asking permission. (The video series allegedly made use of footage from various YouTube “Let’s...

Getty Images offers free image embedding for noncommercial blogs
March 6, 2014 | 12:49 pm

istock-logoGetty Images, the world’s largest stock photo service, has just announced a program licensing noncommercial use of many of its images free to bloggers, provided they use code the site provides to embed the image in a frame with credit below it, linking back to the original picture on the site. This means that noncommercial bloggers have a way to use Getty pictures legitimately, with actual permission. The Verge reports: It's a real risk for the company, since it's easy to screenshot the new versions if you want to snag an unlicensed version. But according to...

Morning Roundup: Piracy, saviour of book industry? eBook fans demand print and more
January 31, 2014 | 9:00 am

piracyPiracy, Saviour of the Book Industry (Forbes) Piracy’s here. It’s staying. We can’t stop it. So we need to find inventive and attractive ways to work around it. *** eBook Fans Demand Print (GoodeReader) In a turn of events that even the publisher didn’t see coming, fans of author Colleen Hoover’s work–calling themselves the CoHorts–launched a Twitter campaign, petition, and general ruckus to have one of the author’s works made available in print. *** Fair Use Is About Much More Than Remixing: It's About Allowing All Kinds Of Innovation (Techdirt) On Tuesday, the House Judiciary Committee held yet another hearing concerning copyright and possible copyright...

ReDigi awarded patent on digital resale ‘without making a copy’
January 29, 2014 | 7:00 am

Yesterday I received a press release from ReDigi, the company trying to allow (and monetize) the resale of “used” digital goods such as music or e-books, with an embargo time of, well, right now. The release claims the award of a patent on the technology ReDigi wants to use to enable the resale of digital media. It says the patent covers the transfer of digital media files without making a copy. ReDigi has been in the news a great deal in the last couple of years. The RIAA complained, and record label EMI sued, over ReDigi’s plan to allow...

Shel Silverstein biographer’s fair use dilemma: Censorship at the sidewalk’s end
January 11, 2014 | 3:35 pm

On Slate, Joseph Thomas writes that the time and effort he has spent writing a biography of Shel Silverstein will likely come to naught because he cannot get permission from the Silverstein estate to quote from any of Silverstein’s material (probably because the biography covers Silverstein’s lesser-known adult work alongside his better-known children’s work, and the estate would prefer to preserve his kid-friendly image). And so I came up against the hard truth of the literary biographer: It’s crucial to establish friendly relations with the estates of deceased (and more rarely, living) artists whose work is...