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Orphan Works and the Possibilities for Expanding the Scope of Research and Education
The topic of orphan works and what to do about them keeps surfacing for discussion in higher education circles. Why? Digital libraries containing millions of orphan, out-of-print, and public domain works would vastly expand the scope of research and education. They would also open up many opportunities for discovery and new knowledge. Digital copies of such volumes would not only increase access to the works themselves, but would also make academic research available to larger audiences and would go against the tradition of more restricted, and often expensive, access to scholarly work. Pamela Samuelson, in a Los Angeles Times op-ed, wrote:
DC News: Copyright Office Request for Information on Crowdsourcing for Digitization Project
The U.S. Copyright Office has initiated a project to digitize and make available online the historical records of copyrights dating from 1870 to 1977. The Library expects to issue a future request for proposals the goal of which would be to select one or more organizations with the skills, experience and equipment to support the capture of information through crowd sourcing. The purpose of this Request for Information (RFI) is to determine the scope and extent of services available in the marketplace to accomplish the crowd sourcing effort. Further information can be found here.
The Emergence of Online Video: Is It the Future?
The Senate Committee on Commerce, Science, and Transportation held a hearing on “The Emergence of Online Video: Is It the Future?” on April 24, 2012. The hearing explored the migration of viewing habits from traditional television to Internet and broadband-enabled video content. It also examined the role that disruptive technologies play in facilitating this transition, and the business and legal models that foster the growth of this sector.
Supreme Court to Hear Case on First Sale of Imported Textbooks
The Supreme Court agreed on April 16, 2012 to hear a case on whether an overseas purchaser of a copyrighted work may resell it in the U.S. without the copyright holder’s permission. The petitioner is Supap Kirtsaeng, who resold textbooks published by John Wiley & Sons that were purchased overseas to U.S.-based students without the publisher’s consent. The issue is that the law says that first sale applies to copyrights to products made "under this" law. And the argument is that a product made outside the US may have copyright, but it isn't made "under" US copyright law, and thus it doesn't qualify.
Intellectual Property, Jobs, and the U.S. Economy
As yet another part of the Administration’s emphasis to reform the U.S. intellectual property system, on April 11, 2012 the Department of Commerce released the report, “Intellectual Property and the U.S. Economy: Industries in Focus,” which focuses on the connection between intellectual property intensive-industries and job creation and its relation to the U.S. economy. The report, which was prepared by the Economics and Statistics Administration and the U.S. Patent and Trademark Office, was initiated as part of the Intellectual Property Enforcement Coordinator’s (IPEC) 2010 Joint Strategic Plan to create a comprehensive study to better understand the role of intellectual property (IP) in the economy and to inform policy decisions related to IP enforcement.
Viacom v. YouTube: A Win for the Internet?
On Thursday, April 5, 2012, the Second Court of Appeals issued its decision in the Viacom v. YouTube lawsuit – a case that focuses on whether the safe harbor provisions under the Digital Millennium Copyright Act (DMCA) protects YouTube from liabilities for hosting unlicensed copyrighted material on its website. Under the DMCA, online service providers are immune from monetary liability for copyright infringement as a result of certain activities —the one at issue in this case is the safe harbor provision for “Information Residing on Systems or Networks At Direction of Users” (17 USC 512(c)). Both sides are claiming victory.
Center for Copyright Information Takes Further Steps Toward Implementation
The Center for Copyright Information (CCI) announced on April 2, 2012 the appointment of Jill Lesser as its Executive Director. In addition the group announced the members of its Advisory Board and an agreement with the American Arbitration Association (AAA) to implement an independent review process for consumers.
CCI was formed in September 2011 as part of a collaborative effort between U.S. content owners in the movie and music industries and Internet Service Providers (ISPs) in order to develop a Copyright Alert System (CAS) and an educational framework intended to inform the public about and deter copyright infringement through peer-to-peer networks via direct communication with consumers. (See blog post of July 15, 2011 for background information.)
Annual Report on Intellectual Property Enforcement
On Friday, March 31, 2012, the White House issued its Annual Report on Intellectual Property Enforcement. The 130-page document outlines the Administration’s achievements in and strategies for protecting intellectual property in 2011. Released annually and bearing the seal of the Obama administration's Intellectual Property Enforcement Coordinator, the report notes the steps taken to implement the Joint Strategic Plan on Intellectual Property Enforcement. (See earlier blog for background information.)
The Global Online Freedom Act
Today, March 27, 2012, the House Foreign Affairs Subcommittee on Africa, Global Health, and Human Rights recommended that the “Global Online Freedom Act” (H.R. 3605) be sent for a vote of the full House Foreign Affairs Committee. Sponsor Rep. Christopher Smith (R-N.J.), who is the chairman of the subcommittee, has been advocating for the legislation for several years but the issue has gained more attention and urgency following recent reports of the sale of U.S. censorship technology to regimes in Syria, Iran, China, and Egypt.
The Federal Trade Commission Releases Its Final Report on Protecting Consumer Privacy
Today, the Federal Trade Commission (FTC) released its long awaited consumer privacy report entitled, “Protecting Consumer Privacy in an Era of Rapid Change.” The report calls on companies to adopt best privacy practices. Jon Leibowitz, Chairman of the FTC, and his staff held a press briefing to announce the release of the 112-page report and to answer questions. "Your computer is your property and people shouldn't put things in it without your consent," Leibowitz said.