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Category Archives: Copyright

The CD is Dead? Sure hope not!

Salon: The CD is dead? Not so fast: “Last week, Billboard dropped a two-part music retail bombshell. First, Target is reportedly looking to overhaul its financial arrangement with its music and video vendors. Basically, the shopping giant only wants to pay labels for what product stores actually sell, instead of buying inventory up front and returning unsold merchandise for credit. In an even bigger blow, the article also noted that Best Buy has apparently decided to stop selling CDs in its stores as of July 1…When you don’t have a machine to play CDs, it follows you would buy fewer CDs. But in contemporary times, it’s not a stretch to wonder if companies are responding to consumer demand when they eliminate CD players, or is this another example of corporations shaping consumer habits and hastening the format’s demise, for financial gain? After all, CD (or DVD) drives are still useful and needed for plenty of work purposes, and people now have to purchase them separately. In 2016, The Verge pointed out that Apple’s controversial removal of its headphone jack on newer iPhones helped the company’s bottom line. It’s easy to see something similar happening here. Compared to two decades ago, when CDs were at peak popularity, of course 2017’s sales statistics look anemic. But the compact disc is still the most popular format for people purchasing records. The second-most-popular format, with 66.2 million units sold? Another one pundits love to say is dying, digital albums. And it’s certainly not correct to say that all consumers are eschewing CDs. Luke Sardello, the co-owner of Dallas-based Josey Records, told the Dallas Observer that the store has expanded its used CD inventory, in large part because that slice of its business “has grown year over year the past two years.” …operating under the premise that streaming is now everyone’s default illustrates a big (and classist) presumption: that everyone can access or pay for streaming service subscriptions.[Note: I own over 600 music CDs (and a CD player and stereo tuner with speakers). I use the word “own” specifically because music you download is not necessarily “yours” – specific to licensing and copyright issues. In addition, I highly recommend supporting streaming music stations that have no advertisements and provide a wealth of music to listeners in a wide range of genres – and as always, please donate to organizations that give you so much for free.]

Sci-Hub Loses Domains and Access to Some Web Services

The Scientist: A few months after the American Chemical Society won its lawsuit against the pirate site, the game of virtual whack-a-mole continues. “Last November, the American Chemical Society (ACS) won its lawsuit against Sci-Hub, a popular pirate site for academic papers. Since then, a number of Sci-Hub’s domains have been suspended, and earlier this… Continue Reading

Federal Judge Says Embedding a Tweet Can Be Copyright Infringement

EFF: “Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided… Continue Reading

Free to Use and Reuse: Making Public Domain and Rights-Clear Content Easier to Find

The Library of Congress: “One of our biggest challenges is letting you know about all of the content available at Another challenge we have is letting you know what you can do with it (in a nice way). We are working on several fronts to improve the visibility of public domain and rights-clear content.… Continue Reading

Principles of Transparency and Best Practice in Scholarly Publishing

“The Committee on Publication Ethics (COPE), the Directory of Open Access Journals (DOAJ), the Open Access Scholarly Publishers Association (OASPA), and the World Association of Medical Editors (WAME) are scholarly organisations that have seen an increase in the number, and broad range in the quality, of membership applications. Our organisations have collaborated to identify principles… Continue Reading

Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives

Ginsburg, Jane C. and Budiardjo, Luke, Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives (November 3, 2017). Columbia Public Law Research Paper No. 14-563. Available at SSRN: “Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to… Continue Reading

WIPO Standing Committee on Copyright and Related Rights Thirty-Fifth Session

“Nobody among members of the World Intellectual Property Organization disputes the importance of the public services provided by libraries and archives. However, positions are different when it comes to providing exceptions to copyright to those entities so they can continue to dispense their services, in particular in the digital age. An updated study presented in… Continue Reading

Returning Authors’ Rights: The Authors Alliance/Creative Commons Termination of Transfer Tool

“Welcome to the Authors Alliance/Creative Commons Termination of Transfer tool. This page explains what termination of transfer is all about and what this tool does. Termination of transfers: Get rights back! Creators of all kinds routinely transfer rights to their works (by signing publication contracts that assign copyright to their publishers, for example). While many… Continue Reading

Publishers seek removal of millions of papers from ResearchGate

Academic social network accused of infringing copyright on a massive scale: “Leading publishers are stepping up their fight against ResearchGate by ordering the academic social network to take down papers that they say infringe copyright. The move could see millions of articles removed from the site, as the publishers say up to 40 per cent… Continue Reading

Public Knowledge Calls for Court to Protect Rights to Access the Law

“Public Knowledge filed an amicus curiae brief in the case ASTM v. Public Resource. The case concerns Public Resource’s copying of model building codes and educational testing codes, which had been enacted into federal law and regulations. The standards organizations sued Public Resource for copyright infringement based on the copying of those legally-enforceable codes. The… Continue Reading

German universities looking to pursue alternatives to Elsevier journal access

Follow up to Academic institutions in Germany continue to cancel journal subscriptions as costs soar see Loans between libraries, and research sharing between colleagues, could allow country to sever links, negotiators claim “German universities have coped “easily” when cut off from Elsevier journals and do not need to rely on pirate article-sharing sites such as… Continue Reading

Modified U.S. Copyright Office Provisional IT Modernization Plan

“The U.S. Copyright Office has prepared a Modified U.S. Copyright Office Provisional IT Modernization Plan at the direction of the House Committee on Appropriations. See 163 Cong. Rec. H4033 (daily ed. May 3, 2017). The Committee directed the Register to modify the Provisional Information Technology Modernization Plan and Cost Analysis (Provisional IT Plan) published by… Continue Reading