- Jul 2024
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en.wikipedia.org en.wikipedia.org
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The Court of Justice of the European Union ruled, on July 3, 2012, that it is indeed permissible to resell software licenses even if the digital good has been downloaded directly from the Internet, and that the first sale doctrine applied whenever software was originally sold to a customer for an unlimited amount of time, as such sale involves a transfer of ownership, thus prohibiting any software maker from preventing the resale of their software by any of their legitimate owners.
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media.dltj.org media.dltj.org
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Hachette Book Group, Inc. v. Internet Archive Appeal Oral Argument Second Circuit (88 min audio)
by United States Court of Appeals for the Second Circuit
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- Jun 2024
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docdrop.org docdrop.org
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what if a band decides to take one of the udio generated songs and re-record it entirely will they own the full copy rate to that very new recording now if I 00:21:03 was udio the answer probably be like no you made that thing using our platform
for - AI music issues - rerecording an AI music generated song - copyright question
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this is more of a unfair competition 00:10:36 issue I think as a clearer line than the copyright stuff
for - progress trap - Generative AI - copyright infringement vs Unfair business practice argument
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www.washburn.edu www.washburn.edu
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Proper Citation
Citation styles - for web published citations
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Technology, Education and Copyright Harmonization (TEACH) Act. Signed into law by President Bush on November 2, the TEACH Act loosens the restraints created by the DMCA insofar as education is concerned
TEACH Act - loosens DMCA in favor of fair use
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More importantly, the idea of Fair Use was effectively removed from Web-based education because of the DMCA
Fair Use revoked b/c of DMCA
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Digital Millennium Copyright Act (DMCA) was passed in Oct. 1998 "to implement United States treaty obligations and to move the nation's copyright law into the digital age.
Digital Millennium Copyright Act
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uri.libguides.com uri.libguides.com
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Resources for using sound recordings in online education
Music resources for education
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uri.libguides.com uri.libguides.com
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Resources for using video in online education
Video resources for educaton
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Place the video in the context of the course, explaining why it was chosen and what it was intended to illustrate. Recontextualize the video when appropriate through the addition of background readings, study questions, commentary, criticism, annotation, and student reactions.
Context for use with video is key
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uri.libguides.com uri.libguides.com
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Resources for using images in online education
Image sources
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If copying an image, use the lowest image resolution possible to achieve your purpose.
Interesting to consider resolution of images
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uri.libguides.com uri.libguides.com
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Note: Professor Meghani is making too much work for herself by scanning the text. Instead, she could direct her students to Project Gutenberg, which contains public domain titles available for download in multiple formats. In this case, the Marxists Internet Archive would also be a good sourc
Project Gutenberg - has public domain titles for download.
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www.fairuseweek.org www.fairuseweek.org
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It is not necessary to prevailon each of the four factors for asuccessful fair use claim.
You don't have to prove fair use in all 4 factors
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Fair use is a flexible standard andall four statutory factors areconsidered together.
Fair use flexibility
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The US Constitution clearlystates that the purpose of theintellectual property system is to“promote the progress of science andthe useful arts
Purpose of Intellectual property system
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ir use is a right explicitly recognizedby the Copyright Act.1 The SupremeCourt has recognized this right as a“First Amendment safeguard” becausecopyright law might otherwiseconstrict freedom of speech
Fair Use is a right - I really don't understand this but Ok
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guides.lib.utexas.edu guides.lib.utexas.edu
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The Copyright Clearance Center can grant permission to digitize, display and transmit print works
getting permission to digitize, display and transmit print works
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guides.lib.utexas.edu guides.lib.utexas.edu
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Using the Four Factors
Four Factors Test for Fair Use
Read about each factor (character of the use, nature of the work, amount used, effect upon the market)
Answer each factor's question about your use See how the balance tips with each answer
Make a judgment about the final balance: overall, does the balance tip in favor of fair use or in favor of getting permission?
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guides.lib.utexas.edu guides.lib.utexas.edu
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TEACH Act Checklist
TEACH Act Checklist
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guides.lib.utexas.edu guides.lib.utexas.edu
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The TEACH Act checklist, summarizes the 22 (!) prerequisites. Nevertheless, we may be optimistic that, together with fair use, this statute will achieve Congress' goal of facilitating online education.
TEACH Act checklist
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are a small subset of the uses of online resources educators may wish to make. It only covers in class performances and displays, not, for example, supplemental online reading, viewing, or listening materials. For those activities, as well as many others, we'll need to continue to rely on fair use. Remember, however, when relying on fair use, the fair use test is sensitive to harm to markets. This means that in general, where there is an established market for permissions, there will often be a narrower scope for fair use, and our reliance on fair use should be limited.
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The TEACH Act authorizes us to digitize works for use in online education, but only to the extent we are authorized to use those works in Section 110(2), and so long as they are not available digitally in a format free from technological protection.
right to make digital copies
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The statute's complexity provides a new context within which to think about fair use: compared to the many conditions and limits contained in Section 110(2), the four factor fair use test seems simple and elegant.
four factor fair use test
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The audiovisual works and dramatic musical works may only be shown as clips -- "reasonable and limited portions".
reasonable and limited portions are allowed online
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The TEACH Act of 2002, expanded the scope of online educators' rights to perform and display works and to make copies integral to such performances and displays, making the rights closer to those we have in face-to-face teaching. But there is still a considerable gap between what the statute authorizes for face-to-face teaching and for online education.
TEACH Act definition
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Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium.
The TEACH Act
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guides.lib.utexas.edu guides.lib.utexas.edu
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Because your institution is likely to be liable, along with an accused individual, for the infringements of faculty, students and staff, most institutions advise such individuals not to use works for which required permission cannot be obtained.
copyright infrindgement
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There truly may be no one who cares about what you do with a particular work, but the bottom line is that no amount of unsuccessful effort eliminates liability for copyright infringement. Copyright protects materials whether the owner cares about protection or not.
unavailable authors
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If you are preparing a commercial product, you will need assurances of authority to grant permission because your publisher will expect those assurances from you.
Creating commercial products
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question them about whether they retained copyright or whether they assigned it to their publisher.
The author may not have the copyright
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If you know who the author and the publisher are, you can contact them directly. If you do not know who the publisher is, The Literary Marketplace (for books) or Ulrich's Web (for journals - requires login) may help you. Once you know whom to ask, writing a letter, calling or emailing are all appropriate ways to initiate contact.
Getting permission from authors - where to look
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guides.lib.utexas.edu guides.lib.utexas.edu
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Where fair use may be questioned, implied rights may be broader, but an express right to use is best - it's clear and reassuring. It's possible today to search Creative Commons licensed works by license type, or limit your search to be sure that your results include only materials intended for use by educators and students.
Best way to find usable things with Creative Commons
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You can easily give your works an express license by attaching a Creative Commons license to the materials you post online. It's easy and it sends the message that you want your materials to be part of the flow of creativity. No one creates in a vacuum. Just as you build on others' works, others will build on yours.
Great explanation of what "Creative Commons" is
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So, just by posting online, an author implies a limited license to use their work in this manner.
This seems to be opposite of what the paragraph above states.
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Simply putting the fingers to the save key creates a copyrighted work. Once expression is committed to a tangible medium, copyright protection is automatic. So, postings of all kinds are protected the same as published printed works.
Interesting. This is very helpful.
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- May 2024
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media.dltj.org media.dltj.org
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why training artificial intelligence in research context is and should continue to be a fair use
Examination of AI training relative to the four factors of fair use
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And then Singapore and Japan also have provisions and they basically allow the reproduction necessary for text and data mining.
Singapore and Japan have laws that allow for reproduction necessary for text and data mining
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three different issues that are being implicated by artificial intelligence. And this is true with, you know, all artificial intelligence, not just a generative but particularly generative.
Three issues implicated by Generative AI
- Does ingestion for training AI constitute infringement?
- Does the output infringe?
- Is the output copyrightable?
The answer is different in different jurisdictions.
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Handling Academic Copyright and Artificial Intelligence Research Questions as the Law Develops
Spring 2024 Member Meeting: CNI website • YouTube
Jonathan Band Copyright Attorney Counsel to the Library Copyright Alliance
Timothy Vollmer Scholarly Communication & Copyright Librarian University of California, Berkeley
The United States Copyright Office and courts in many United States jurisdictions are struggling to address complex copyright issues related to the use of generative artificial intelligence (AI). Meanwhile, academic research using generative AI is proliferating at a fast pace and researchers still require legal guidance on which sources they may use, how they can train AI legally, and whether the reproduction of source material will be considered infringing. The session will include discussion of current perspectives on copyright and generative AI in academic research.
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- Feb 2024
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nyuengelberg.org nyuengelberg.org
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Over the years, publishers have made many attempts to avoid this exchange, controlling both the purchase price and what purchasers do with the books after they are sold. For example, in the early 1900s, publishers tried to control resale prices on the books people bought from retailers by stamping mandatory resale prices on a book’s front page.6 (That attempt was rejected by the US Supreme Court).7 Publishers also tried to limit where people could resell books they bought, in one case claiming that a book sold in Thailand couldn’t be resold in the US.8 (That attempt was also rejected by the US Supreme Court, in 2013).9 These attempts failed because the publisher’s copyright does not give them absolute control of a book in perpetuity; the copyright system is a balance between publishers and purchasers.10 If publishers want the benefits of the copyright system, they also have to accept the limits it imposes on their power.
Attempts by publishers to limit post-sale activities
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- Jan 2024
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spectrum.ieee.org spectrum.ieee.org
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One user on X pointed to the fact that Japan has allowed AI companies to train on copyright materials. While this observation is true, it is incomplete and oversimplified, as that training is constrained by limitations on unauthorized use drawn directly from relevant international law (including the Berne Convention and TRIPS agreement). In any event, the Japanese stance seems unlikely to be carry any weight in American courts.
Specifics in Japan for training LLMs on copyrighted material
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After a bit of experimentation (and in a discovery that led us to collaborate), Southen found that it was in fact easy to generate many plagiaristic outputs, with brief prompts related to commercial films (prompts are shown).
Plagiaristic outputs from blockbuster films in Midjourney v6
Was the LLM trained on copyrighted material?
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- Nov 2023
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ceciliadigiarty.medium.com ceciliadigiarty.medium.com
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Is Downloading Videos from YouTube and Other Sites LegalAnother common concern about 4K Video Downloader is whether it is legal to download videos from YouTube and other sites. The answer is yes, but with some caveats. According to the Fair Use Doctrine, it is legal to download videos for personal use, such as watching them offline or creating a backup copy. However, it is illegal to distribute or share downloaded videos without the consent of the copyright owner.
Fair Use Doctrine 公平使用原則
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- Aug 2023
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www.independent.co.uk www.independent.co.uk
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Cuthbertson, Anthony. “Musician Uses Algorithm to Generate Every Possible Melody to Prevent Copyright Lawsuits.” The Independent, February 28, 2020, sec. Tech. https://www.independent.co.uk/tech/music-copyright-algorithm-lawsuit-damien-riehl-a9364536.html.
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the number of possible melodies is finite and therefore liable to patterns being repeated unintentionally.
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At what point do we have the computing power to create the machine of "Shakespearean monkeys at typewriters" that generates all available combinations of text to end copyright of text? Compare with Melody/Music: https://www.independent.co.uk/tech/music-cop
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- Jul 2023
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Local file Local file
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arxiv.org arxiv.org
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First, under a highly permissive view, theuse of training data could be treated as non-infringing because protected works are not directlycopied. Second, the use of training data could be covered by a fair-use exception because atrained AI represents a significant transformation of the training data [63, 64, 65, 66, 67, 68].1Third, the use of training data could require an explicit license agreement with each creatorwhose work appears in the training dataset. A weaker version of this third proposal, is to atleast give artists the ability to opt-out of their data being used for generative AI [69]. Finally,a new statutory compulsory licensing scheme that allows artworks to be used as training databut requires the artist to be remunerated could be introduced to compensate artists and createcontinued incentives for human creation [70].
For proposals for how copyright affects generative AI training data
- Consider training data a non-infringing use
- Fair use exception
- Require explicit license agreement with each creator (or an opt-out ability)
- Create a new "statutory compulsory licensing scheme"
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www.theguardian.com www.theguardian.com
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The lawsuit against OpenAI claims the three authors “did not consent to the use of their copyrighted books as training material for ChatGPT. Nonetheless, their copyrighted materials were ingested and used to train ChatGPT.”
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- Apr 2023
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crsreports.congress.gov crsreports.congress.gov
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Abstract
Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other artworks. This Legal Sidebar explores questions that courts and the U.S. Copyright Office have begun to confront regarding whether the outputs of generative AI programs are entitled to copyright protection as well as how training and using these programs might infringe copyrights in other works.
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certificates.creativecommons.org certificates.creativecommons.org
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Recommended Resource
Since Unit 4 mentions some CC license infringement cases as examples, I recommend adding a court case from the Netherlands of a photographer suing a website for using their photo without permission or compensation. The name of the court case is below.
The court case ended with the judge awarding the photographer (plaintiff) the following damages (excerpt is from the court case records).
"5.4. orders [defendant] to pay to [plaintiff] against proof of discharge:
€ 450.00 in damages, increased by the statutory interest as referred to in Article 6:119 of the Dutch Civil Code, with effect from 11 June 2021 until the day of full payment,
€ 67.50 in extrajudicial collection costs,
5.5. orders [defendant] to pay the costs of the proceedings on the part of [plaintiff], estimated at € 2,036.30 until the judgment of this judgment, of which € 1,702.00 in salary for the authorized representative."
This case demonstrates the enforceability of the CC license in other countries, such as the Netherlands.
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- Mar 2023
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www.federalregister.gov www.federalregister.gov
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In the Office's view, it is well-established that copyright can protect only material that is the product of human creativity. Most fundamentally, the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans. The Office's registration policies and regulations reflect statutory and judicial guidance on this issue.
Copyright Office's Statement of Human Creativity
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Al suscribirse a cualquiera de las filiales de Meta, automáticamente se otorgan derechos en común con todas las redes sociales pertenecientes a este conglomerado digital, ya que si bien solo se otorgan permiso a una sola red social, una vez la persona decide no pertenecer más, no es tan fácil desligarse de estas, ya que por ejemplo en el momento que una persona fallece, si nadie tiene acceso a sus perfiles, éste sigue activo, y por lo tanto, su contenido se puede seguir usando, al igual que pueden hacer base de datos y venderla a cualquier compañía que decida comprarla. Estos términos legales de una u otra manera son abusivos, ya que muchas personas no leemos al detalle por el solo hecho de pertenecer a la era digital. Otro claro ejemplo de esto, son las cookies que no sabemos lo que son, pero que, para poder acceder, debemos si p sí aceptarlas sin saber el riesgo que se corre a la hora del robo de datos personales. Hay otros casos en los que, cuando se denuncia una publicación, por más que ésta no cumpla con las reglas comunitarias, no es bajada de la red, tal vez, porque los algoritmos no detectan una infracción, cosa que si sucede con publicaciones sin mala intención, pero que, por una simple palabra que esté dentro de lo prohibido y que sea detectada como no permitida, se bajan publicaciones, y se restringen cuentas. Un caso reciente, fue el de la plataforma zoom en donde, si bien sirvió mucho para acercar a las personas durante la época de pandemia, se detectó que la privacidad estaba siendo vulnerada, por lo que mucha gente migró a otras plataformas como telegram, donde en teoría, había un poco más de intimidad y reserva.
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bccampus.ca bccampus.ca
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For open educators, this runs counter to the very reason we use OER in the first place. Many open educators choose OER because there are legal permissions that allow for the ethical reuse of other people’s material — material the creators have generously and freely made available through the application of open licenses to it. The thought of using work that has not been freely gifted to the commons by the creator feels wrong for many open educators and is antithetical to the generosity inherent in the OER community.
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nymag.com nymag.com
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It can’t include, say, e-book copies of everything in the Stanford library, as books are protected by copyright law.
GPT-3 doesn’t contain book content in its training?
“Copyright” can’t be an answer because everything post-1976 is copyrighted.
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help.openai.com help.openai.com
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Will OpenAI claim copyright over what outputs I generate with the API? Written by Asher Ryan Updated over a week ago OpenAI will not claim copyright over content generated by the API for you or your end users. Please see our Terms of Use for additional details.
notice the specification of API here, what about non-API use?
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- Feb 2023
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storage.courtlistener.com storage.courtlistener.com
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COMPLAINT filed with Jury Demand against Stability AI, Inc. Getty Images (US), Inc. v. Stability AI, Inc. (1:23-cv-00135) District Court, D. Delaware
https://www.courtlistener.com/docket/66788385/getty-images-us-inc-v-stability-ai-inc/
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arxiv.org arxiv.org
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Certainly it would not be possible if theLLM were doing nothing more than cutting-and-pasting fragments of text from its training setand assembling them into a response. But this isnot what an LLM does. Rather, an LLM mod-els a distribution that is unimaginably complex,and allows users and applications to sample fromthat distribution.
LLMs are not cut and paste; the matrix of token-following-token probabilities are "unimaginably complex"
I wonder how this fact will work its way into the LLM copyright cases that have been filed. Is this enough to make a the LLM output a "derivative work"?
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- Jan 2023
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opencontent.org opencontent.org
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the outputs of generative AI programs will continue to pass immediately into the public domain.
I wonder if this isn't reading more into the decision than is there. I don't read the decision as a blanket statement. Rather it says that the claimant didn't provide evidence of creative input.Would the decision have gone differently if he had claimed creative intervention? And what if an author does not acknowledge using AI?
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The US Copyright Office rejected his attempt to register copyright in the work – twice
AI-generated work not eligible for copyright protection. OTOH, how would anyone know if the "author" decided to keep the AI component a secret?
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www.copyright.gov www.copyright.gov
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the Office re-evaluated the claims and again concluded that the Work “lacked therequired human authorship necessary to sustain a claim in copyright,” because Thaler had“provided no evidence on sufficient creative input or intervention by a human author in theWork.
What is sufficient creative input? The initial command and any subsequent requests for revision could arguably be consider creative input.
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Some AI systems are capable of autonomously generating new works, which may themselves be protected under UK law.
different from US law. See https://opencontent.org/blog/archives/7129
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Statutory damages are available for an infringement that occurred prior to copyright registration.
What are the implications of this? Statutory damages: https://copyrightalliance.org/faqs/statutory-damages-why-do-they-matter/
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- Dec 2022
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www.theverge.com www.theverge.com
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In September, the US Copyright Office granted a first-of-its-kind registration for a comic book generated with the help of text-to-image AI Midjourney. The comic is a complete work: an 18-page narrative with characters, dialogue, and a traditional comic book layout. And although it’s since been reported that the USCO is reviewing its decision, the comic’s copyright registration hasn’t actually been rescinded yet. It seems that one factor in the review will be the degree of human input involved in making the comic. Kristina Kashtanova, the artist who created the work, told IPWatchdog that she had been asked by the USCO “to provide details of my process to show that there was substantial human involvement in the process of creation of this graphic novel.”
If copyright status hinges on the level of human involvement, then this will quickly become one more (c) grey area.
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pluralistic.net pluralistic.net
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In our new book, Rebecca Giblin and I call this "chokepoint capitalism". In today's highly concentrated creative labor markets, copyright's normal role of giving creators bargaining leverage over their supply chain is transformed.
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copyrightalliance.org copyrightalliance.org
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Found via a fediverse post by Carl Malamud: https://code4lib.social/@carlmalamud@official.resource.org/109574978910574688
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- Nov 2022
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www.wired.com www.wired.com
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. Barbrook shows how this futurist prophecy is borrowed from America’s defunct Cold War enemy: Stalinist Russia. Technological progress was the catalyst of social transformation. With copyright weakening, intellectual commodities were mutating into gifts. Invented in capitalist America, the Net in the late-1990s had become the first working model of communism in human history.
Amazing mix of stalinism, gift-economy, less copyrights & social progress in one paragraph.
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- Oct 2022
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scholarship.law.georgetown.edu scholarship.law.georgetown.edu
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It is the work itself that is copyrighted, not the form.56 While works mustbe in a fixed form to qualify for copyright protection, that protection is for the workitself. Some forms are necessarily part of some types of works (e.g., sculpture), butthis cannot be said of most printed works.57 The form in which a work is fixed isirrelevant, and Congress recognized the importance of media neutrality when itadopted the language in the Copyright Act.58 Digitization changes only the form,and “the ‘transfer of a work between media’ does not ‘alte[r] the character of ’ thatwork for copyright purposes.”
Content, not form, is Copyrighted
Wu's comment on New York Times Co. v. Tasini: "Digitization changes only the form, and 'the transfer of a work between media does not alter the charachter of that work for copyright purposes.'"
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I believe it is possible to build a digital library thatrespects both of the intended beneficiaries of the Copyright Clause—copyrightowners and society—while testing commonly held assumptions about the limita-tions of copyright law. In balancing these goals, TALLO permits circulation of theexact number of copies purchased, thereby acknowledging the rights inherent incopyright, but it liberates the form of circulation from the print format.
Liberating purchased information from the form in which it was purchased
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link.springer.com link.springer.com
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The 2010 court case Vernor v. Autodesk disrupted this business model by challenging the “you bought it, you own it” notion that had long been the standard for physical books.Footnote 23 Resulting from this case, ebooks were deemed computer software that only needed to be licensed, rather than physical products owned by the purchaser. This verdict meant publishers did not need to sell ebooks to libraries with the same freedoms and rights as print books.
Vernor v. Autodesk
I've read a little about this case, and I don't think it says that licensing is the only way to sell ebooks. The case does affirm that the licensing provisions trump copyright rights, but it is still possible to "sell" copies of an ebook and be covered by first-sale rights.
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- Sep 2022
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arstechnica.com arstechnica.com
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Artist receives first known US copyright registration for generative AI art
BS. Author got copyright on a graphic novel, i.e. an arranged series of whatever images plus authored text. Even if author got copyright on individual images (because of iterative prompting to get useful results), and in any jurisdiction where copyright is automatic/does not need to be claimed/received the author actually does, it still is unremarkable. Claiming the algorithm to be the author would still be unremarkable in terms of copyright as long as it is a person or legal entity claiming those rights. Having the algorithm hold the copyright would be interesting (but copyright presupposes a human or human controlled legal entity) See: monkey-selfies where at issue wasn't whether a monkey could have creative intent, but whether a monkey coud hold copyright (no, obviating the need for an answer on creative intent).
Read an SF novel once where an AI was held by a legal entity, and that AI ran that legal entity, which was how it gained autonomy. Fun enough, but a legal entity would still need a human ultimate beneficial owner and human director / decision maker. Those can be shills, regularly are even, but that does not diminish their liability nor means acknowledging the AI's personhood or whatever.
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Example of 'journalism' muddying the waters in order to have a story to publish at all.
- copyright presupposes a human or legal entity copyright holder
- copyright is a given when a certain threshold of creative effort is surpassed
- copyright is given to a work
The work copyrighted here are not the algorithmic assisted images, the work is a graphic novel, a collective of arranged images, written text etc. One could do that with any public domain stuff and still have copyright on the work. Additionally the author prompted the algorithm towards desired outcomes. Both satisfy the creativity threshold. Like in https://www.zylstra.org/blog/2022/06/dall-e-mini-siso-stereotype-in-stereotype-out/ where I listed the images as public domain (because I thought my prompts were uncreative), but the resulting arranging / juxtaposing multiple prompts as copyrighted by me (obviously not the algorithm).
There's no ghost in the machine. Machines are irrelevant to copyright considerations.
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www.lexology.com www.lexology.com
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Can copyright vest in an AI? The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.
Can copyright vest in an AI?
The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.
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www.wipo.int www.wipo.int
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To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.
To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.
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www.americanbar.org www.americanbar.org
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With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.
With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.
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All rights reserved. Printed in the United States of America. No partof this book may be reproduced in any manner whatsoever withoutpermission except in the case of brief quotations embodied in criti-cal articles and reviews.—U.S. copyright notice
The traditional U.S. copyright notice that appears in the front of most books ("No part of this book may be reproduced in any manner whatsoever without permission except in the case of brief quotations embodied in critical articles and reviews.") is the result of the centuries long intellectual history of ars excerpendi.
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kids-in-mind.com kids-in-mind.com
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copyright laws (the Dwarfelles are used as substitutes for the original Dwarfs, since Disney owns the Dwarf characters, and this is not a Disney film).
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- Aug 2022
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www.zylstra.org www.zylstra.org
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I consider this a Public Domain image as the image does not pass the ‘creativity involved’ threshold which generally presupposes a human creator, for copyright to apply (meaning neither AI nor macaques).
I say this, but there's a nuance to consider. I read a post by someone creating their company logo with Dall-E by repeatedly changing and tweaking their prompt to get to a usable output. That is definitely above the creativity threshold, with the AI as a tool, not as the creator. Similarly, NLP AI tools can help authors to get to e.g. a first draft, then shaped, rewritten, changed, edited etc., which crosses the human creativity threshold for copyright to kick in. Compare with how I sometimes use machine translation of my own text and then clean it up, to be able to write faster in e.g. German of French, where the algo is a lever to turn my higher passive language skills into active language use. (Btw comment added to see if that updates my original hypothesis annotations of this article in my Obsidian notes, or if it happens only once when first annotated. The latter would mean forcing annotation and thus break my workflow)
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- Jul 2022
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docdrop.org docdrop.org
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The Copyright Act sets up this balance of rights as between rights holders and users. And one of the things that users get is the ability to control use of particular copies that they buy. So this is where the doctrine for sale comes in.
First Sale doctrine
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docdrop.org docdrop.org
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NFTs do not supplant copyright law, not even close. NFTs are bound by normal everyday rules of copyright.
NFTs and Copyright
When you buy an NFT, sometimes you get the copyright, but most of the times you don't. Again, it entirely depends on the original terms of sale related to the NFT.
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www.techdirt.com www.techdirt.com
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pubcit.typepad.com pubcit.typepad.com
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the first thing a recipient should do is look to see whether Higbee has claimed that the copyright has already been registered and provided the registration number. If the copyright has not been registered, he cannot bring suit on an alleged infringement unless the work is not a “United States work”
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heitnerlegal.com heitnerlegal.com
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- Jun 2022
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www.paulplowman.com www.paulplowman.com
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http://www.paulplowman.com/stuff/isle-of-wight-map-hidden-names/
Names hidden in maps sounds like the same sort of trap that Genius.com used with Google copying their lyrics https://www.rollingstone.com/music/music-news/genius-google-stole-lyrics-morse-code-848781/
Syndication link: http://www.paulplowman.com/stuff/isle-of-wight-map-hidden-names/#comment-316603
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storage.courtlistener.com storage.courtlistener.com
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We write on behalf of plaintiffs Hachette Book Group, Inc., HarperCollins PublishersLLC, John Wiley & Sons, Inc. and Penguin Random House LLC (the “Plaintiffs”) to request apre-motion summary judgment conference pursuant to Individual Practice 2(B).
Purpose of Letter
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www.nbcnews.com www.nbcnews.com
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But the copyright on the materials still gives the organization control over how the information is used, which is what some tribal leaders find objectionable.
Oral cultures treat information dramatically different than literate cultures, and particularly Western literate cultures within capitalism-based economies.
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- Feb 2022
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learningaloud.com learningaloud.com
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https://learningaloud.com/blog/2020/08/08/designing-instruction-using-layering-services/
Mark Grabe categorizes some digital pedagogy tools in terms of how they function structurally.
- two servers/independent content
- one server, independent purchased content
- one company offering both a layering capability and content
- user can upload content
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- Jan 2022
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oer.pressbooks.pub oer.pressbooks.pub
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national copyright legislation
What if the national copyright legislation is overly protective or hinders open practices? Where is the recommendation to influence copyright reform?
I'm thinking of this while listening to this episode of the Walled Culture podcast --Salvador Alcántar Morán: Mexican Copyright Unfit-for-purpose in the Digital age, the Public Domain as a Human Right, and the Need for a True Multistakeholder Approach and a Global Perspective on Copyright
He talks about how the Mexican copyright framework is not adapted to the digital age and shaped mainly by the creative industries, the copyright industry’s scaremongering tactics. He also explains how the fact that Mexico has the lengthiest copyright term (100 years after the author’s death) negatively impacts the country’s collective memory and the public domain. In his view, the public domain should be considered as a human right. He further emphasises the need for normal citizens and other stakeholders, that are currently neglected, to be more involved in shaping a copyright framework that works for the digital age based on a true multistakeholder approach. He also talks about the need for a more global perspective on copyright in general.
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- Dec 2021
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www.copyright.gov www.copyright.gov
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A domain name or URL
Interesting! I had not considered whether a domain name could subject to copyright protection - and the answer is, "no."
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In contrast, a recipe that creatively explains or depicts how or why to perform a particular activity may be copyrightable.
I wonder if this is why those insufferable recipe blogs are all set up they way they are? Is it to allow for enough original authorship to be copyrightable?
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Some works, however, contain elements that either lack the required creativ-ity or are placed outside the bounds of copyright by the law.
Two reasons why a work is not subject to copyright protection.
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opencontent.org opencontent.org
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Why isn’t our goal to have all OERs eventually exist in the public domain? If we really care about ease of reuse, if we really respect creators of derivative works, and if we really want to see the open education movement succeed, we should have the public domain as our final goal.
The fact that this hasn't happened yet and there's no indication that it's going to happen any time soon must mean there are some pretty compelling forces at work. What are they?
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how can a community so focused on freedom approve of any restrictions? Specifically, when expressing concern about restrictions making it difficult to reuse works, how can this community approve of the copyleft or share-alike concept?
The fundamental question is a good one, but I am not sure that "approve" captures CC's current position toward the SA restriction. The broader point that "free" should equal public domain is well-taken and thought-provoking.
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www.copyright.gov www.copyright.gov
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Only the owner of copyright in a work has the right to pre-pare, or to authorize someone else to create, an adaptation of that work.
This is one of the best arguments for assigning Creative Commons licenses to instructional materials that omit the NoDerivatives restriction, allowing others to create adaptations without permission. This is also a cautionary note for instructors who are adapting course materials using preexisting. All Rights Reserved work without permission.
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it is not possible to extend the length of protection for a copyrighted work by creating a derivative work
In the case of textbook editions, I assume this means that the copyright on the first edition cannot be extended by creating a second edition.
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Compilations of data or compilations of preexisting works (also known as “col-lective works”) may also be copyrightable if the materials are selected, coordi-nated, or arranged in such a way that the resulting work as a whole constitutes a new work.
The examples are helpful. The list of required readings for a course could be considered a compilation or collection if the instructor could demonstrate originality in the selection and ordering of those readings.
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To be copyrightable, a derivative work must incorporate some or all of a preexisting “work” and add new original copyrightable authorship to that work.
The use of the phrase "new original copyrightable authorship" to distinguish an adaptation from preexisting work is suitably vague. See William Fisher's lecture on the concept of originality for more information about what constitutes, "originality."
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oer.pressbooks.pub oer.pressbooks.pub
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d’étudier la possibilité de mettre en place un cadre international concernant les exceptions et limitations au droit d’auteur à des fins pédagogiques et de recherche afin de faciliter les échanges et la coopération transfrontaliers en matière de REL ;
Parfois bien utile de ne pas être trop puristes au sujet des licences. Il y a une grande diversité dans les usages «libres» de ressources qui ne le sont pas toujours.
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- Nov 2021
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oer.pressbooks.pub oer.pressbooks.pub
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copyright and open licensing of educational material
A very excellent example of this in action is the Copyright First Responders Pacific Northwest that creates a network and directory of librarians who "have received training and, crucially, support one another in providing basic front-line triage for copyright questions in their home libraries and, in many cases, beyond." Sort of like 911 for copyright?
The program is modeled after the program created at Harvard... one can wonder what if this was scaled or spread more widely?
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torrentfreak.com torrentfreak.com
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The usual targets of The Publishers Association include domains that facilitate access to the popular Libgen library and eBook portals eBookee and FreeBookSpot. The trend was maintained this week when ISP TalkTalk revealed that more domains had been blocked in the UK. The new additions are as follows: ebookee.unblockit.kim, ebookee.123unblock.world, ebookee.mrunblock.bar, ebookee.nocensor.biz, ebookee.unbl4you.cyou, ebookee.unbl0ck.icu, ebookee.unblockproject.top, ebookee.proxybit.sbs, freebookspot.unblockit.kim, libgen.unblockit.kim, libgen.123unblock.world, libgen.mrunblock.bar, libgen.nocensor.biz, libgen.unbl4you.cyou,, libgen.unbl0ck.icu, libgen.unblockproject.top, libgen.proxybit.sbs
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- Oct 2021
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Else, H. (2021). Giant, free index to world’s research papers released online. Nature. https://doi.org/10.1038/d41586-021-02895-8
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- Sep 2021
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www.niemanlab.org www.niemanlab.org
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From a media point of view, Genius was offensive for its initial underlying claim: that it was okay to take anyone’s content for zero compensation, so long as it “added transformative value” by tacking on a comment box where people could say it sucked.
Hot take 🔥
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- May 2021
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www.theverge.com www.theverge.com
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This article kind of reads like a smear piece on Audius
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Blockchains make piracy more of a headache.
How so? Couldn't you just crosscheck the public ledger to verify the uploaders' info??
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- Apr 2021
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github.com github.com
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COPYRIGHT Rsync was originally written by Andrew Tridgell and is currently maintained by Wayne Davison. It has been improved by many developers from around the world. Rsync may be used, modified and redistributed only under the terms of the GNU General Public License, found in the file COPYING in this distribution, or at the Free Software Foundation.
Only answered:
- who maintains
- what the license is
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law.stackexchange.com law.stackexchange.com
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"an officer or employee of the United States Federal Government as part of that person’s official duties."
as part of that person’s official duties.
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- Mar 2021
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theconversation.com theconversation.com
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Ghana’s copyright law for folklore hampers cultural growth
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store.steampowered.com store.steampowered.com
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infringing on Marvel's copyrights
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- Feb 2021
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en.wikipedia.org en.wikipedia.org
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Because the Berne Convention in most countries by default grants copyright holders monopolistic control over their creations, copyright content must be explicitly declared free, usually by the referencing or inclusion of licensing statements from within the work.
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copyheart.org copyheart.org
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Instead of trying to educate everyone on the complexities of copyright law, we’d rather make our intentions clear with this simple statement:
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www.stm-assoc.org www.stm-assoc.org
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what is allowed
What is allowed = what is legal (i.e. copyright law) and what the journal is willing to publish or reject. If authors are told they should consult the journal and the only response is the journal's own policy, assuming it contradicts the right retention strategy (RRS), the Publisher/Editor/Production Editor will be misinforming the author and denying them their legal rights.
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However, we are unable to support one route to compliance offered by Plan S,
The publishers below will not support the Plan S rights retention strategy (RRS). In its simplest form the RRS re-asserts the authors' rights as the rights holder to assign a copyright license of their choice (CC BY informed by their funding agency) to all versions of their research/intellectual output. In the case of the RRS states that the author should apply a CC BY license to their accepted manuscript (AAM) if they cannot afford to pay article processing charges or choose not to apply a CC BY license to the Version of Record (VoR), which they are free to do. Therefore, this statement is either saying the undersigned will not carry publications forward to publication (most appropriate approach), or they will not support the same copyright laws which fundamentally protects their rights and revenue after a copyright transfer agreement is signed by the rightsholder.
Academy of Dental Materials
Acoustical Society of America
AIP Publishing
American Academy of Ophthalmology
American Association for Pediatric Ophthalmology and Strabismus
American Chemical Society
American Gastroenterological Association American Institute of Aeronautics and Astronautics
American Medical Association
American Physical Society
American Society for Investigative Pathology
American Society for Radiation Oncology
American Society of Civil Engineers
American Society of Hematology
American Society of Clinical Oncology
American Association of Physicists in Medicine
American Association of Physics Teachers
AVS – The Society for Science and Technology of Materials, Interfaces, and Processing
Brill
British Journal of Anaesthesia
Budrich Academic Press
Cambridge Media
Cambridge University Press
Canadian Cardiovascular Society
De Gruyter
Duncker & Humblot
Elsevier
Emerald
Erich Schmidt Verlag
French Society of Biochemistry and Molecular Biology
Frommann-Holzboog Verlag
Future Science Group
Hogrefe
International Association for Gondwana Research
IOP Publishing
Journal of Nursing Regulation
Journal of Orthopaedic & Sports Physical Therapy (JOSPT).
Julius Klinkhardt KG
La Découverte
Laser Institute America
Materials Research Forum LLC
The Optical Society (OSA)
Pearson Benelux
SAGE Publishing
Society of Rheology
Springer Nature
Taylor & Francis Group
The Geological Society of America
Thieme Group
Uitgeverij Verloren
Verlag Barbara Budrich
Vittorio Klostermann
wbv Media
Wiley
Wolters Kluwer
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- Oct 2020
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www.bot.uillinois.edu www.bot.uillinois.edu
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Computer software, for example, can be protected by copyright, patent, trade secret and trademark.
did not know that
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- Sep 2020
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www.wikidata.org www.wikidata.org
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Many organizations assert copyright for any media which they touch, without any consideration of whether the media is eligible for copyright or whether they own the copyright.
Shouldn't cases like these be taken to trial? Imagine someone forbidding access to a public square under allegation that it belongs to them. Afraid of being prosecuted, people start paying this person to enter the public square. One day someone decides to take the case to court. The court can't simply rule that the person can't continue asking for money to use the square. The person should be punished for having deterred people from freely using the square for so long.
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- Aug 2020
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certificates.creativecommons.org certificates.creativecommons.org
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More information about limitations and exceptions to copyright
Under more information about limitations and exceptions to copyright add section titled Case Studies: Case studies provide valuable information relating to the state of affairs in various countries, as well as the opposing views when debating copyright issues.
- South Africa: a case study of politics and the global economics of limitations and exceptions to copyright. The current debate in South Africa regarding proposed amendments to the Copyright Bill allows showcases the different sides of the debate, and how legal frameworks, e.g. the Constitution of the Republic of South Africa also informs decision making.
- US Government Threatening To Kill Free Trade With South Africa After Hollywood Complained It Was Adopting American Fair Use Principles, by Mike Masnick, 4 November 2019.
- South Africa’s Copyright Amendment Bill – one year on, by Denise Nicholson, 30 March 2020. This work is licensed under a Creative Commons Attribution 4.0 International License.
- South Africa’s Copyright Amendment Bill Returned to Parliament for Further Consideration, Mike Palmedo, 22 June 2020. This work is licensed under a Creative Commons Attribution 4.0 International License.
- See the light and pass the Copyright Amendment Bill, by Mugwena Maluleke, Tebogo Sithathu, Jack Devnarain, Tusi Fokane, Ben Cashdan and Jace Nair, 24 June 2020. © Mail & Guardian Online.
- South African President’s Reservations to Copyright Bill Not Supported by Law, by Sean Flynn, 13 July 2020. This work is licensed under a Creative Commons Attribution 4.0 International License.
For a comprehensive list of materials relating to the South African Copyright Amendment Bill processes, see Copyright and Related Issues: USTR GSP trade threats re: Bill, list compiled and amended by Denis Nicholson
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More information about limitations and exceptions to copyright
Additional Resource: I would like to recommend adding:
What if we could re-imagine Copyright? (ed. Rebecca Giblin, Kimberlee Weatherall) published in 2017.
http://dx.doi.org/10.22459/WIWCRC.01.2017
A collection of essays examining examining new opportunities for Copyright, in a non-North American context (published in Australia), including Copyright duration, formalities such as registration, the purpose of copyright.
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certificates.creativecommons.org certificates.creativecommons.org
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More information about the Commons
Additional Resource: I would like to recommend adding:
How Creative Commons works, and why it enables access to knowledge by Denise Rosemary Nicholson (author) and Paul G West (contributor)
https://theconversation.com/how-creative-commons-works-and-why-it-enables-access-to-knowledge-125895
Clear & accessible description of CC and relevance to knowledge, and this article also demonstrates how CC is impacting legal changes to Copyright in other counties ( e.g. South Africa).
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certificates.creativecommons.org certificates.creativecommons.org
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3 Steps for Licensing Your 3d Printed Stuff by Michael Weinberg
I found this to be a very interesting article, exploring the line between copyright and licensing of physical objects vs. the code (or digital file) used to create the object. This paper delves into a range of questions - what is being licensed, what is copyrightable, what is covered under a patent, what is a creative work, what is a functional work. Although this paper was published in early 2015, the content remains relevant now. (June 2020 Cohort CC Certificate)
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- Jul 2020
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psyarxiv.com psyarxiv.com
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Yuan, Y., Oishi, S., Cronin, C., Müllensiefen, D., Atkinson, Q., Fujii, S., & Savage, P. E. (2020). Perceptual vs. Automated judgments of music copyright infringement [Preprint]. PsyArXiv. https://doi.org/10.31234/osf.io/tq7v5
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- Apr 2020
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www.copyright.gov www.copyright.gov
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How Long Does Copyright Protection Last? How long does a copyright last? The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics. Do I have to renew my copyright? No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.
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www.mdpi.com www.mdpi.com
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However, as stated by Pourret [18], a majority of the journals in geochemistry also have a green colour according to the SHERPA/RoMEO grading system, indicating that preprint (and the peer-reviewed postprint version) articles submitted to these journals can be freely shared on a preprint server, without compromising authors’ abilities to publish in parallel in those journals. Moreover, Pourret et al. [17] highlighted that the majority of journals in geochemistry allow authors to share preprints of their articles (47/56; 84%).
Bahwa sebagian besar jurnal di bidang geokimia, membolehkan pengarsipan modus hijau (Green OA), atau pengarsipan dokumen riset, data, makalah versi preprint di repositori nirlaba (misal repositori kampus).
Di tahun 2020, fakta ini masih belum banyak diketahui oleh para dosen/peneliti. Mereka cenderung menerima untuk dikendalikan oleh jurnal dalam proses publikasi, tanpa keinginan berargumentasi untuk mempertahankan hak miliknya terhadap makalah (to retain copyrights).
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- Mar 2020
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certificates.creativecommons.org certificates.creativecommons.org
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https://guides.library.utoronto.ca/c.php?g=448614&p=3199145
Librarians are masters at finding material and checking copyright. This is what we do and what we've done for years but most of us really don't have an understanding of what is OER and how it can be used. As librarians continue to be in forefront of this movement, we need to be educated with language we understand so we can interpret it to those we serve. This source gives an indepth interpretation in librarian-understandable language
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certificates.creativecommons.org certificates.creativecommons.org
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Do Creative Commons licenses affect exceptions and limitations to copyright, such as fair dealing and fair use?
This question is such a common one. I don't think most people understand that Creative Commons doesn't replace copyright. At my institution most people seem to think that it's either one or the other and if it is licensed under creative commons, that it is always free to use with no copyright restrictions. This does a nice job of clarifying that.
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certificates.creativecommons.org certificates.creativecommons.org
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his is a creative educational fair-use mashup which ironically makes use of clips from Disney films as it explains how copyright works. The discussion of fair use begins around the 6-minute 30-second mark in the video:
The value of this resource is it's ability to take a very serious topic, copyright, and make it humorous enough to keep the watcher interested. It would also make an interesting video for discussion since most of the images should be recognizable to most students.
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- Jan 2020
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www.educationworld.com www.educationworld.com
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2. "Teach students to request permission when in doubt about the status of a particular work or the appropriateness of their use of that work." Students should understand that the materials they want to use are probably protected by copyright; that the creator owns copyrighted wor
this should be handled in conjunction with an early research phase and having a back up plan.
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www.educationworld.com www.educationworld.com
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In 1981, a congressional subcommittee developed guidelines for off-air taping of television and radio broadcasts for educational use. Those guidelines allow educators to tape a radio or television broadcast for instructional (not entertainment) use if the program is recorded simultaneously with the broadcast. the program is being broadcast without charge. the program is recorded only in response to a specific request. the program is recorded (but not necessarily used) in its entirety. the program is not altered. the tape is retained by the educational institution for no longer that 45 days after the date of the recording. the tape is used only once with each class during the first ten consecutive school days of the 45-day retention period. the tape is used from the tenth to the 45th day of the retention period for teacher-evaluation purposes only.
video copyright guidelines
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The guidelines developed in 1976 for the educational use of music include the following: Multiple copies of sheet music may be copied in an emergency (for an imminent performance) to replace purchased copies that are not available, provided purchased replacement copies are substituted as soon as possible. For academic purposes other than performance, multiple copies of excerpts of works may be made, provided the excerpts don't include more than 10 percent of the whole work or make up a part of the whole that would constitute a performable unit, such as a section, a movement, or an aria. The number of copies may not exceed one copy per student. For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) may be made if the unit is out of print or available only in a larger work. Sheet music that has been purchased may be edited or simplified if the fundamental character of the work is not distorted and that lyrics are not altered or added. A single copy of a sound recording of a student performance may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher. A single copy of a sound recording of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. Copying to create, replace, or substitute for anthologies, compilations, or collective works; copying works intended to be consumable, such as workbooks, exercises, or standardized tests; copying for the purpose of performance (except in an emergency); copying as a substitute for purchase; and copying without the inclusion of the copyright notice are not permitted.
music copyright guidelines
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MUSIC, TV, AND VIDEOTAPES
what to do with music, tv, and videotapes.
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www.educationworld.com www.educationworld.com
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Most copyright experts recommend this rule of thumb -- when in doubt, assume a work is copyrighted and ask permission to use it.
expert advice.
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U.S. copyright law, found in Title 17 of the United States Code,
Copyright law, title 17 US code
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Copyright, according to Dictionary.com, is "the legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work."
definition
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blog.kenkaminesky.com blog.kenkaminesky.com
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publication of famous person photos
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www.authorlaw.com www.authorlaw.com
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fairuse.stanford.edu fairuse.stanford.edu
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corporate.findlaw.com corporate.findlaw.com
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www.rightsofwriters.com www.rightsofwriters.com
- Dec 2019
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www.usa.gov www.usa.gov
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www.ourcommunity.com.au www.ourcommunity.com.au
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www.ourcommunity.com.au www.ourcommunity.com.au
- Oct 2019
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opencontent.org opencontent.org
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make the teaching and learning problems caused by copyright the core issue we are solving with OER
I still wonder to what degree open educational practices are necessarily or always tied to copyright. That is, can OEP be implemented on copyrighted texts?
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journals.sagepub.com journals.sagepub.com
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However, in the present era of publishing, those rights are consistently being called into question. Gennaro (2012) is particularly frank about how copyright law has come to privilege publishers at the expense of those who created the work in the first place: ‘Once you have transferred copyright to a journal [in order to publish] you cannot ethically use the words that you have written in another journal article; you no longer own those words’ (p. 109). Nevertheless, Bently (1994) remarks on Roland Barthes’ contention that once text has been published, the words no longer belong to that author or anyone else for that matter.
What about publishing to your own site...or from your own site?
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- Sep 2019
- Aug 2019
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In January 2019, most works published in 1923 entered the public domain. If Congress does not interfere by creating new copyright extensions, this will occur every year with works from successive years.
In 2024, the first Mickey Mouse cartoon is scheduled to enter the public domain. Theoretically, anyone will be able to publish new stories using that particular image of Mickey Mouse. But later designs and characters will still be under copyright. And the publisher will have to make sure that they cannot easily be mistaken for an official Disney product, because trademark rights never expire.
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extendboundariesofliteracy.pbworks.com extendboundariesofliteracy.pbworks.com
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associated with activism contesting copyright and intellectual property legislation
This is so important and such a hot topic issue!!!
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- Jul 2019
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www.agendadigitale.eu www.agendadigitale.eu
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Responsabilità dell'hosting provider nella giurisprudenza italiana, in rapporto alla presenza nella sua infrastruttura di materiale illecito.
Si evidenziano le differenze rispetto alla direttive e-commerce che stabilisce il framework europeo su questo tema, con l'identificazione della figura dell'hosting provider attivo (non meritevole dell'esenzione prevista dalla normativa europea) e quello passivo.
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guides.lib.utexas.edu guides.lib.utexas.edu
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Except when work-for-hire rules apply. The author's employer owns work(s
What is the work-for-hire rule? (https://www.law.cornell.edu/uscode/text/17/201)
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- Mar 2019
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www.epubor.com www.epubor.com
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In a perfect world, the author would sell you a license to the book and you'd just read it on whatever platform suited you. For now, the leading ebook providers are not making this easy so I end up with some titles (and associated annotations) on one platform and other titles on another, which is far more complicated than it needs to be.
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www.copyright.gov www.copyright.gov
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US government copyright website section on Fair Use
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en.wikipedia.org en.wikipedia.org
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Fair Use explains exceptions to copyright for specific uses, including education.
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en.wikipedia.org en.wikipedia.org
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Copyright Law can have a bearing on what you can use in the classroom and how you can use it.
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www.copyright.gov www.copyright.gov
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The US government's Website for Copyright Law
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fuel.press fuel.press
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This article originally appeared at http://katab.asia and all the copyright belongs to them.
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- Dec 2018
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This blog post from the Copyright Licensing Agency based in England explains the main concerns surrounding copyright in college and education settings.
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scholarlykitchen.sspnet.org scholarlykitchen.sspnet.org
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New rules always create confusion but that is not a strong argument against them. The legal complexities of CC reflect the complexity of copyright. That the CC licenses are being used suggests that they are useful. The question is how? Claiming they are not useful is unlikely to be correct. Perhaps the usefulness is social not individual, so people are using them to do good. I take no position on this.
This opinion/ editorial and the resulting dialogue adds some dimension to some of the pro and con arguments for adapting Creative Commons practices.
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- Oct 2018
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anyone who wishes to remove speech for whatever reason
so non-copyright owners can submit DMCA takedown requests??
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- Aug 2018
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certificates.creativecommons.org certificates.creativecommons.org
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3 Steps for Licensing Your 3d Printed Stuff by Michael Weinberg. CC BY-SA 3.0 A set of instructions for how to license 3d printed materials https://www.publicknowledge.org/assets/uploads/documents/3_Steps_for_Licensing_Your_3D_Printed_Stuff.pdf
Relevant content in the unit: Unit 3.2, Acquiring Essential Knowledge, What types of content can be CC-licensed, suggested additional content (related to both paragraphs in current content).
While the primary purpose of this paper is about 3-D printing, this resource is a great overview of copyright law related to electronic files, whether they be photographs or the files for a 3-D printing project.
This is an especially good resource for those interested in specific examples of the delineation of the functional, non-copyrightable aspect of a work and the artistic expression, copyrightable aspects of a work.
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- Jul 2018
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openedss.uark.edu openedss.uark.edu
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Open Ed mini-conference
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certificates.creativecommons.org certificates.creativecommons.org
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http://www.copyright.gov/circs/circ01.pdf
I prefer sources that are short and to the point, with links allowing me to explore various topics if I need to. This piece goes over all of the basics of creating and maintaining a copyright license. While that is not the objective, typically, of someone taking a Creative Commons course, it helps to see this information from a pro-copyright perspective to understand all sides of the issue.
It's also a primary source, meaning that the department issuing the copyrights in the United States also wrote this piece, which means it should be as accurate as possible.
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www.techdirt.com www.techdirt.com
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So basically in an effort to stop 1,000 pieces of infringing content, you'd end up pulling down 50,000 pieces of legitimate content. And that's with an incredible (and unbelievable) 99.5% accuracy rate. Drop the accuracy rate to a still optimistic 90%, and the results are even more stark:
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www.openwa.org www.openwa.org
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OER and copyright course
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- May 2018
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mylocalcommunity.org.uk mylocalcommunity.org.uk
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Copyright Bradford District Infrastructure Partnership (2018)
Is BDIP going to be kept running? Implications of copyrighting to BDIP?
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blog.doggiedrawings.net blog.doggiedrawings.net
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Old Navy / Gap is using stolen designs on clothing. Instead of settling with the artist, they are denying copyright infringement, and fighting the artist in court. Sleazy.
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- Feb 2018
- Nov 2017
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www.lib.sfu.ca www.lib.sfu.ca
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Citing images
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guides.library.pdx.edu guides.library.pdx.edu
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Copyright Guide
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Local file Local file
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Whilemuchofthefocusonthedigitalcommonshasfocusedonitasthecauseofintellectualcopyrightproblems,arguablyitistheotherwayaround:digitalcommonsaroseasachallengetothisconcentrationandusurpationofcreativeproduction.Howrapidlythisconcentrationhappenedoverthreedecadesandhowthedigitalcommonsemergedasachallengetothisoligopolisticsystemisasignificantaspectofunderstandingactsofcommoning.
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Yetthedigitalcommons—theriseofaninternationalmovementtocreate,contribute,share,anddistributedigitalobjects—isamorefundamentalchallengethanareactiontothemorerecentrestrictionsofcopyrightlaw.Thechallengeisagainsttherelentlessdrivetoconvertknowledgeintocapitaloverthepasttwocenturies
[...] As Lawrence Lessig puts it starkly, ‘[E]very act on the Internet is a copy. Every act in a digital network produces a copy.’[64] This results in the creation of something called digital commons: a commons produced by the participation of creators and commoners.[65] The very principle that creates digital commons also creates tendencies against commodification: its very production entails creators contributing resources without the direct monetization of their contributions and commoners enjoying the benefits of these resources. Thus, digital commons constitutes a major challenge to the commodification of creative or immaterial labour, and this is why the battle over intellectual property law has become decisive.
La naturaleza cooperativa de estos movimientos y la mercantilización de movimientos centralistas como el capitalimos entran en profunda confrontación. Puede un movimiento de naturaleza distribuida, tener la influencia propias de los sistemas de acumulación? Por ejemplo, los hashtags que crean tendencias a las cuales se suman los usuarios de manera distribuida, se hacen visibles gracias a plataformas centralizadas (como Twitter) que se benefician de la centralización y la usurpación del valor. Podría, por ejemplo, una nueva criptomoneda que explicite la mercantilización en la economía de la atención, como lo hace Steemit, de manera que use una técnica similar a la del capitalismo (mercantilizar conocimiento) para explicitar la usurpación de valor que está creando o permita contravernirla. El tema de cómo estas redes alternativas se viralizarían es aún una pregunta abierta.
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Copyrightderivesitslegalforcefromlawsthatprotectexclusiverightstoandcontrolofintellectualproperty.EvenifitsoriginscanbetracedtoearlymodernEurope(sixteenthtoeighteenthcenturies),itismoderninthesensethattheformationofintellectualproperty—thatis,theconversionofcreativeproductssuchaswords,data,images,andsoundintopropertyforexchange—isaresultoftheaccumulationofcapitalinmodernsocieties.
This is what Lyotard highlighted as the commodification of knowledge in what he then called computerized societies. The conversion of intellectual or, more broadly, cultural capital into economic capital is possible under the protection of copyright laws. This is the force of copyright law. Since it introduces a tension between creativity and calculability, it is doubtful that copyright law either protects or encourages creativity. Instead, creativity is commodified by copyright. The performative force of copyright is that both the creator and consumer must—knowingly and unknowingly—repeat and iterate it. The force of copyright law would be nothing if it were not performed. That is the reason why maintaining its imaginary force requires enormous energy: copyright mobilizes massive efforts to maintain its legal, performative, and imaginary force. If creativity were not commodified, copyright would not exist. Commodification transforms the use value of things into exchange value for being sold and bought.
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- Oct 2017
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maggie-stiefvater.tumblr.com maggie-stiefvater.tumblr.com
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Author Maggie Stiefvater presents evidence that illegal downloads often do mean lost sales.
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linkresearchlab.org linkresearchlab.org
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what does it mean to be human in a digital age
Been thinking about this from the infolit angle for a few years. Info is easy to find and access, and a little less easy to filter and evaluate. What matters more is creativity - what we can do with info, how we can connect it, what we can make out of it - all of which is impeded by copyright and enabled by openness.
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- Sep 2017
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press.rebus.community press.rebus.community
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CC Licensing Guide
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www.europarl.europa.eu www.europarl.europa.euPA_Legam1
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Periodical publications which are published for scientific or academic purposes, such as scientific journals, should alsobecovered by the protection granted to press publications under this Directive.
The European Parliament's Committee on Industry, Research and Energy (ITRE) also suggests that scientific publications be covered by Article 13of the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market.
This means that a right of reproduction of press and scientific articles is hold by the publisher.
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libereurope.eu libereurope.eu
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Filtering obligations -Undermining the foundations of Open Access7.The provisions of Article 13 threaten the accessibility of scientific articles, publications and research data made available through over 1250 repositoriesmanaged byEuropean non-profit institutions and academiccommunities. These repositories, which are essential for Open Access and Science in Europe, are likely to face significant additional operational costs associated with implementing new filtering technologyandthe legal costs of managing the risks of intermediary liability. The additional administrative burdens of policing this contentwould add to these costs. Such repositories, run on a not-for-profit basis, are not equipped to take onsuch responsibilities, and may face closure. This would be a significant blow, creating new risks forimplementing funder, research council and other EU Open Access policies.
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www.europarl.europa.eu www.europarl.europa.euPA_Legam1
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Les publications périodiques qui sont diffusées à des fins scientifiques ou universitaires, telles que les revues scientifiques, devraientégalementêtre couvertes par la protection accordée aux publications de presse en vertu de la présente directive.
The European Parliament's Committee on Industry, Research and Energy (ITRE) also suggests that scientific publications be covered by Article 13of the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market.
This means that a right of reproduction of press and scientific articles is hold by the publisher.
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eur-lex.europa.eu eur-lex.europa.eu
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Article 2Reproduction rightMember States shall provide for the exclusive right to authoriseor prohibit direct or indirect, temporary or permanent repro-duction by any means and in any form, in whole or in part:(a) for authors, of their works;(b) for performers, of fixations of their performances;(c) for phonogram producers, of their phonograms;(d) for the producers of the first fixations of films, in respect ofthe original and copies of their films;(e) for broadcasting organisations, of fixations of their broad-casts, whether those broadcasts are transmitted by wire orover the air, including by cable or satellite.Article 3Right of communication to the public of works and rightof making available to the public other subject-matter1. Member States shall provide authors with the exclusiveright to authorise or prohibit any communication to the publicof their works, by wire or wireless means, including themaking available to the public of their works in such a waythat members of the public may access them from a place andat a time individually chosen by them.2. Member States shall provide for the exclusive right toauthorise or prohibit the making available to the public, bywire or wireless means, in such a way that members of thepublic may access them from a place and at a time individuallychosen by them:(a) for performers, of fixations of their performances;(b) for phonogram producers, of their phonograms;(c) for the producers of the first fixations of films, of theoriginal and copies of their films;(d) for broadcasting organisations, of fixations of their broad-casts, whether these broadcasts are transmitted by wire orover the air, including by cable or satellite.3. The rights referred to in paragraphs 1 and 2 shall not beexhausted by any act of communication to the public ormaking available to the public as set out in this Article.
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sparceurope.org sparceurope.org
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The extension of this controversial proposal to academic publications, as proposed by the ITRE Committee
Can you please source this information? I could not find it in http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-592.363%2b01%2bDOC%2bPDF%2bV0%2f%2fEN
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techknowtools.wordpress.com techknowtools.wordpress.com
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Getting Started with Copyright, Fair Use, The Public Domain, and Creative Commons
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copyrightliteracy.org copyrightliteracy.org
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copyright is about ambiguity, not right and wrong answers, may be a helpful way of framing copyright education
Does this relate to Perry https://www.cse.buffalo.edu/~rapaport/perry.positions.html ? I wonder.
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want to remain neutral or impartial
Education, in a broad sense, is the pursuit of truth. If we support the pursuit of truth, we are not neutral.
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- Aug 2017
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digitalcommons.chapman.edu digitalcommons.chapman.edu
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Submission Form for Student Work
waiver form allowing uni to use students' work
Why not just use CC license?
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opencontent.org opencontent.org
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In the United States, before 1989 no creative work was protected by copyright unless the creator opted in to protection by reigstering. Open (free + permissions) was the default. It was only in 1989, when the US joined the Berne Convention, that protection of all creative works became automatic and closed became the new default, requiring people to opt-in to sharing.
Wow, I did not know about this historical shift.
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www.edsurge.com www.edsurge.com
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the problem of orphan works—those whose copyright status is murky—is yet to be solved.
There is a real sense that this orphan works problem will be whittled away...
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- Jul 2017
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www.historyofcopyright.org www.historyofcopyright.org
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1790 first American copyright law. Almost identical to Statute of Anne in England (1710)
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www.michaelgeist.ca www.michaelgeist.ca
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But the goal of the dealing was also, from York’s perspective, to keep enrolment up by keeping student costs down and to use whatever savings there may be in other parts of the university’s operation.
What a crass analysis.
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- Apr 2017
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It is a change related to creativity, collaboration and innovation, seen as non-political processes.
I tend to talk about it in entirely political terms, highlighting the difference between the purpose of copyright as written in the US Constitution and the purpose as practiced today.
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- Mar 2017
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A U.S. Supreme Court decision on cheerleader uniform design copyrights will expand the number of 3-D printed objects with intellectual property protection, attorneys told Bloomberg BNA March 22.
I was wondering how long this would take to come about.
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www.law.cornell.edu www.law.cornell.edu
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any person who obtains from the Copyright Office a certified report that the records provided by subsection (d) disclose nothing
This bit is quite controversial, because of this new executive order.
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the statement shall also identify the person filing it, the nature of that person’s interest, the source of the information recorded, and the particular work affected, and shall comply in form and content with requirements that the Register of Copyrights shall prescribe by regulation.
With a note like this.
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- Dec 2016
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opencontent.org opencontent.org
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copyright law regulates our exercise of all these newfound capabilities – so that what is technically possible is also legally forbidden.
I keep coming back to this question: does web annotation open up copyrighted texts?
Let's set aside whether it's ultimately legal for me to annotate a document and share that annotated document--or "republish" a portion of targeted content from a copyrighted source through an annotation service.
Web annotation does allow me to "open" copyrighted content to critique, commentary, and a certain kind of remixing. Quoting and critiquing/commentating is the oldest remix tool in the humanities scholar playbook.
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- Sep 2016
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studentprivacy.ed.gov studentprivacy.ed.gov
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all intellectual property rights, shall remain the exclusive property of the [School/District],
This is definitely not the case. Even in private groups would it ever make sense to say this?
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www.techdirt.com www.techdirt.com
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Media firms issue DMCA takedown notices with stupid carelessness. There should be penalties for false claims.
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- Jul 2016
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hyperallergic.com hyperallergic.com
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"In December, documentary photographer Carol Highsmith received a letter from Getty Images accusing her of copyright infringement for featuring one of her own photographs on her own website. It demanded payment of $120. This was how Highsmith came to learn that stock photo agencies Getty and Alamy had been sending similar threat letters and charging fees to users of her images, which she had donated to the Library of Congress for use by the general public at no charge."
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www.eff.org www.eff.org
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"The new report shows that unauthorized access to copyrighted media is on a steady decline, with only 5% of Internet users getting all of their online media through rogue methods, and only 15% of users consuming any infringing content. Similar studies in the US have shown a steady decline in unauthorized downloads here too. The numbers show that if Hollywood really wants to curb infringing media consumption, the best thing it can do is improve its official offerings."
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