26 Matching Annotations
  1. Sep 2023
    1. To reuse and/or reproduce research it is desirable that researchoutput be available with sufficient context and details for bothhumans and machines to be able to interpret the data as described inthe FAIR principles

      Reusability and reproducibility of research output

  2. Jun 2022
    1. The nature-of-work factor generally focuses on the degree of expressiveness of the plaintiff's work. Artistic and fanciful works tend to be highly expressive, so it is generally more difficult to win fair use defenses involving such works. Fact-intensive and highly functional works tend, by contrast, to have a lesser quantum of expressive content. Hence, fair use may be easier to establish in cases involving such works.

      Nature-of-work factor is more favorable for fact-intensive and highly functional works

    1. 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

    1. I write on behalf of Defendant Internet Archive pursuant to Paragraph 2-B of Your Honor’s IndividualPractices to request a pre-motion conference on a motion for summary judgment in the above matter.

      A letter from the law firm representing the Internet Archives that summarizes the four-point fair use argument and details the extraordinary circumstances behind the the IA's National Emergency Library.

      Hachette Book Group, Inc. et al. v. Internet Archive, Case No. 1:20-CV-04160-JGK

      RECAP's archive of the docket from PACER

  3. Sep 2021
    1. 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 🔥

  4. Feb 2021
    1. In this idealised utopia we obviously want to place value on sharing and curation as well as original creation, which means giving a small fraction of the payment to the re-publisher as well.We should note monetisation of all this content is optional. Some websites would allow their content to be transcluded for free, while others might charge hefty fees for a few sentences. If all goes well, we'd expect the majority of content on the web to be either free or priced at reasonable micro-amounts.

      While this is nice in theory, there's a long road strewn with attempts at micropayments on the web. I see new ones every six months or so. (Here's a recent one: https://www.youtube.com/playlist?list=PLqrvNoDE35lFDUv2enkaEKuo6ATBj9GmL)

      This also dramatically misses the idea of how copyright and intellectual property work in many countries with regard to fair use doctrine. For short quotes and excerpts almost anyone anywhere can do this for free already. It's definitely nice and proper to credit the original, but as a society we already have norms for how to do this.

  5. Aug 2020
    1. 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.
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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

  6. Apr 2020
    1. This is a comic book about intellectual property law and the public domain: https://law.duke.edu/cspd/comics/digital/.

      A well-designed graphic novel/comic book with a narrative that dives into intellectual property and IP law. An excellent introduction to copyright, illustrating use-cases throughout. Thought-provoking and entertaining reading on fair use and public domain.

  7. Jan 2020
    1. The fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction.

      Definition

      • criticism
      • commentary
      • parody
      • news reporting
      • research and scholarship
      • classroom instruction
  8. Aug 2019
    1. http://librarycopyright.net/resources/fairuse/index.php

      This tool was helpful for further exploration of Fair Use concepts in Unit 2, but felt too subjective for my liking. I prefer this Fair Use Checklist created by Kenneth D. Crews, the author who wrote the book Copyright Law for Librarians and Educators. I reference this book often and like his straightforward “check the box” to visually show whether use is in favor or opposing fair use.

  9. Mar 2019
    1. For this factor... It is more likely to be fair use if... It is less likely to be fair use if...

      Pay close attention to the criteria for Fair Use (check out the evaluation tool at the bottom)

  10. Feb 2019
  11. Mar 2017
    1. individual's interpretation of that policy

      AUP connections to individual / institutional variance in Fair Use / Copyright interpretations relevant here as well.

  12. Oct 2015
  13. Jul 2015
  14. Feb 2014
    1. These rights are quali- fied, however, by the application of various limitations set forth in the next several sections of the Act, §§107 through 122. Those sections, typically entitled “Limitations on exclusive rights,” include, for example, the principle of “fair use” (§107), permission for limited library archival reproduction, (§108), and the doctrine at issue here, the “first sale” doctrine (§109)
      • §107 - the principle of “fair use”
      • §108 - permission for limited library archival reproduction
      • §109 - the “first sale” doctrine