scholarly journals Academic Special Collections and the Myths of Copyright

2019 ◽  
Vol 3 (3) ◽  
pp. 1-19
Author(s):  
Teresa Auch Schultz ◽  
Dana Miller
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
Fair Use ◽  
Third Party ◽  
Research Libraries ◽  
The Public ◽  
Association Of Research Libraries ◽  
Special Collections ◽  
Policy Statements ◽  
Domain 4

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.

Copyright and the Commons

2017 ◽  
pp. 106-126
Author(s):  
Erika Balsom
Keyword(s):  
Visual Culture ◽  
Public Domain ◽  
Fair Use ◽  
Moving Image ◽  
The Public ◽  
The Commons ◽  
Digital Reproduction ◽  
Cultural Commons ◽  
Made In ◽  
Do So

This chapter interrogates how artists’ moving image has grappled with the increased ridigification of copyright that has occurred over the last two decades. Many artists champion the freedom to reuse copyrighted materials, but fail to interrogate the particular circumstances that it make possible for them to do so without retribution, while simultaneously avoiding an engagement with the significant encroachments on fair use and the public domain that have been implemented as part of new copyright legislation that seeks to control the unruliness of digital reproduction. As a counterpoint to such positions, this chapter examines Ben White and Eileen Simpson’s Struggle in Jerash (2009), a work made by repurposing a public domain film of the same title made in 1957 in Jordan. Simpson and White contest the increasing privatization of visual culture, insisting on the wealth of the cultural commons precisely as it is under threat.

Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain

2005 ◽  
Vol 114 (1) ◽  
pp. 71-82 ◽  
Author(s):  
Christopher Moore
Keyword(s):  
Free Trade Agreement ◽  
Potential Role ◽  
Current Model ◽  
Trade Agreement ◽  
Public Domain ◽  
Copyright Law ◽  
The Public ◽  
Creative Commons ◽  
Extended Duration

Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for sustaining cultural creativity and technological innovation, and discusses the potential role of the Creative Commons movement in establishing economically viable and legal alternatives to the current model of trade-oriented copyright reform.

Why Lakoff still matters: Framing the debate on copyright law and digital publishing

First Monday ◽  
2009 ◽  
Author(s):  
Diane Gurman
Keyword(s):  
Open Access ◽  
Digital Publishing ◽  
Copyright Law ◽  
Fair Use ◽  
Scholarly Journals ◽  
Digital Resources ◽  
Political Issues ◽  
The Public ◽  
George Lakoff ◽  
Cognitive Scientist

In 2004, linguist and cognitive scientist George Lakoff popularized the idea of using metaphors and “frames” to promote progressive political issues. Although his theories have since been criticized, this article asserts that his framing is still relevant to the debate over copyright law as applied to digital publishing, particularly in the field of scholarly journals. Focusing on issues of copyright term extension and the public domain, open access, educational fair use, and the stewardship and preservation of digital resources, this article explores how to advocate for change more effectively — not by putting a better “spin” on proposed policies — but by using coherent narratives to frame the issues in language linked to progressive values.

scholarly journals Property on the Line: Life on the Frontier between Copyright and the Public Domain

2013 ◽  
Vol 44 (1) ◽  
pp. 1
Author(s):  
Graeme W Austin
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Public Domain ◽  
Copyright Law ◽  
Human Rights Law ◽  
Line Life ◽  
The Public ◽  
Inaugural Lecture ◽  
Creativity And Innovation ◽  
The Relationship

This article is an edited transcript of Professor Graeme W Austin's Inaugural Lecture, delivered in the Council Chamber of Victoria University of Wellington on 15 November 2012. Professor Austin was appointed Chair in Private Law in the Faculty of Law in November 2010. This lecture explores claims that in copyright law, the public domain is necessarily in opposition to proprietary rights, and suggests that in many contexts the incentives offered by copyright contribute to the vibrancy and volume of material that is available for downstream creativity and innovation. Drawing on his earlier work on the relationship between human rights law and intellectual property, Professor Austin's lecture advances the idea that cognisance of the human rights dimensions of intellectual property, including creators' human rights, should inform our understanding of the appropriate scope of the rights of copyright owners. The lecture concludes with a warning against the "Walmartization" of copyright.

scholarly journals Editor’s Note

2012 ◽  
Vol 13 (1) ◽  
pp. 11-11
Author(s):  
Beth Whittaker
Keyword(s):  
The State ◽  
Bibliographic Instruction ◽  
Research Libraries ◽  
Association Of Research Libraries ◽  
Special Collections ◽  
The One

This issue of RBM presents articles that offer a “special collections and archives perspective” on several themes permeating the larger library world. Matthew C. Reynolds surveys the state of bibliographic instruction in Association of Research Libraries’ special collections libraries. The importance of instruction in the unique environments we inhabit deserves attention and reflection, particularly since we are sometimes disconnected from efforts in our larger organizations. Todd Fell takes “hidden collections” initiatives into the map room with an examination of the challenges and rewards of exposing map collections. Projects like the one he discusses offer potential solutions to end our long . . .

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