‘Open Access, Copyright and Freedom of Expression’ – Panel Discussion :
“As part of the 2010 Summer School on Law, Language and Culture, Fiona Macmillian (Birkbeck School of Law), Stina Teilmann (Danish Design School) and Boris Turovskiy (Pirate Party) took part in a panel discussion on ‘Open Access, Copyright and Freedom of Expression’ at the Lagerhalle Osnabrück.The dicussion was moderated by Peter Schneck (Osnabrück University)”
URL : http://www.blogs.uni-osnabrueck.de/americanstudies/2010/08/19/open-access-copyright-and-freedom-of-expression-panel-discussion/
Archives des mots-clés : copyright
Pushing Libraries and Archives to the Ed…
Pushing Libraries and Archives to the Edge of the Law :
“The ability to digitize hard copies, the proliferation of born digital content, and access to online distribution holds the promise of improved access to archival materials. Despite these advances, libraries and archives are increasingly hindered in providing this access by the legal issues surrounding their collections. However, this unfortunate problem can be resolved with a mixture of good policy, careful action, clarification of uncertain legal implications, and a reliance on the protections afforded to libraries and archives by the law.
This paper explores the legal issues faced by archivists and librarians in digitizing and distributing their materials. Through a discussion of current archiving practices, this paper walks readers though the relevant sections of the copyright act, as well as other implicated areas of the law. By showing potential sites of legal conflict, engaging difficulties with seeking permission to use library and archival content, and suggesting areas where archivists can push the boundaries of their rights more aggressively, this paper provides a glimpse of the legal landscape surrounding digital archiving, and offers suggestions on how to successfully navigate it. It is my sincere hope that this effort can empower librarians and archivists to make full use of their collections, to assert the full scope of their rights under the law, and to become advocates helping to shape the national discussion over the future of digital collections.”
URL : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1659853
Why Intellectual Property Rights in Trad…
Why Intellectual Property Rights in Traditional Knowledge Cannot Contribute to Sustainable Development :
“This paper makes a simple point: If sustainability (however defined) is the goal, intellectual property rights in traditional knowledge do not move us toward the achievement of that goal. The reason is that the only social policy justification for recognizing intellectual property rights at all is that they supposedly serve as an incentive to create socially desirable works of authorship and inventions. They are not and should serve as a reward for past achievements. In other words, outside of their usual incentive function of promoting new technology, intellectual property rights in traditional knowledge have no role to play in the sustainability analysis. This is not to say that traditional knowledge is irrelevant to sustainability; indeed, there is good reason to believe that much can be learned from study and implementation of traditional practices in a wide range of fields. Nor is it to say that intellectual property rights in general play no role in advancing the goal of sustainability. The incentives supplied by intellectual property rights to authors and inventors may help induce new technologies and methods for preserving what is left of the natural state of the planet and its ecosystems. The point is only that intellectual property rights in traditional knowledge can do no good (in promoting sustainability) and may do much harm, by tying up knowledge in exclusive rights that inhibit its application to sustainability (or anything else) without any compensating social gains.”
URL : http://works.bepress.com/dennis_karjala/5/
Using Competition Law to Promote Access …
Using Competition Law to Promote Access to Knowledge :
“One of the points of convergence among the many strands of the A2K movement is resistance to the one-size-fits-all ratcheting up of intellectual property provisions around the world. The resistance is grounded in analysis showing that intellectual property rules often create social costs that far outweigh their intended benefits. Much of the A2K movement’s advocacy for limitations of intellectual property rights is located within the field of intellectual property law – promoting the inclusion and use of balancing mechanisms within the laws granting intellectual property rights. But intellectual property rights are also shaped and limited by their interaction with other fields of law, competition law being a prime example. After describing the theoretical and doctrinal underpinnings of a shift of A2K legal advocacy toward the use of completion law, this paper surveys some of the strategic advantages of using competition norms to reframe political debates and shift struggles into new, potentially more hospitable, forums. ”
URL : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1654023
EU COPYRIGHT LAW IN SUPPORT OF EUROPEAN …
EU COPYRIGHT LAW IN SUPPORT OF EUROPEAN RESEARCH AND EDUCATION :
“Key points :
– Freedom of access to knowledge for EU citizens is trapped in a complex web of national laws and local licensing arrangements
– Current EU copyright law does not enable the vision of either a “Europe of knowledge” in the Bologna Process or of a “unified” European Research Area to be realised
– Exceptions and limitations harmonised to fit best practice are required to allow content to move digitally across Member States in support of education, research and libraries
– European Parliament support for open content licensing will strengthen authors’ rights, meet the needs of researchers, teachers and learners, and enable the free flow of knowledge in support of the “fifth freedom”
URL : http://www.knowledge-exchange.info/Default.aspx?ID=400
New Zealand Government Open Access and L…
New Zealand Government Open Access and Licensing framework :
“The New Zealand Government Open Access and Licensing framework (NZGOAL) was approved by Cabinet on 5 July 2010 as government guidance for State Services agencies to follow when releasing copyright works and non-copyright material for re-use by third parties. It standardises the licensing of government copyright works for re-use using Creative Commons licences and recommends the use of ‘no-known rights’ statements for non-copyright material. It is widely recognised that re-use of this material by individuals and organisations may have significant creative and economic benefit for New Zealand.”
URL : http://www.e.govt.nz/policy/nzgoal
Copyright and Open Access for Academic W…
Copyright and Open Access for Academic Works :
“In a recent paper, Prof. Steven Shavell (see Shavell, 2009) has argued strongly in favor of eliminating copyright from academic works. Based upon solid economic arguments, Shavell analyses the pros and cons of removal of copyright and in its place to have a pure open access system, in which authors (or more likely their employers) would provide the funds that keep journals in business. In this paper we explore some of the arguments in Shavell’s paper, above all the way in which the distribution of the sources of journal revenue would be altered, and the feasible effects upon the quality of journal content. We propose a slight modification to a pure open access system which may provide for the best of both the copyright and open access worlds.”
URL : http://mpra.ub.uni-muenchen.de/24095/