Yes, your story is automatically copyrighted as soon as you write it.
http://writersinthestormblog.com/2016/07/busting-some-popular-copyright-myths/
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Blog: Just the Facts, Ma'am (Login to Add to MyJacketFlap)
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Blog: Cartoon Brew (Login to Add to MyJacketFlap)
JacketFlap tags: Sampling, Max Hattler, Artist Rights, Bassnectar, Lorin Ashton, Scott Alan Burroughs, Law, copyright, Add a tag
After receiving a Facebook apology and little else for having his work stolen, Max Hattler has filed a lawsuit against DJ and record producer Bassnectar.
The post DJ Bassnectar Sued By Animator Max Hattler Over Alleged Copyright Infringement appeared first on Cartoon Brew.
Add a CommentBlog: librarian.net (Login to Add to MyJacketFlap)
JacketFlap tags: harvardbusinessreview, hativedocs, hbr, access, copyright, accessibility, imls, porn, stanford, dpla, tilt, Add a tag
Before I forget, I’ve actually started a Tiny Letter, also called TILT though it’s a bit more essay-ish than these posts. Subscribe if you like this sort of thing in your inbox. Infrequent messages, well-designed and lovingly delivered.
Been thinking about the workplace a little this week. Here’s my top five.
Blog: Cartoon Brew (Login to Add to MyJacketFlap)
JacketFlap tags: Law, Content ID, copyright, YouTube, Fair use, Artist Rights, Add a tag
Youtube is trying to fix its broken copyright claim system, but there's still plenty of room for improvement.
The post Youtube Announces Improvements to Copyright Claim System, But Does It Really Fix The Problem? appeared first on Cartoon Brew.
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JacketFlap tags: Law, Business, copyright, SOPA, Bob Iger, DisneyPAC, Stop Online Piracy Act, Trans-Pacific Partnership, Add a tag
The Walt Disney Company has a sneaky way of funneling money from its employees into the pockets of U.S. Congresspeople.
The post Why Is Disney CEO Bob Iger Asking His Employees For Money? appeared first on Cartoon Brew.
Add a CommentBlog: Just the Facts, Ma'am (Login to Add to MyJacketFlap)
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Before you use copyrighted material, you need to understand the idea of fair use.
https://janefriedman.com/the-fair-use-doctrine/
Blog: Cartoon Brew (Login to Add to MyJacketFlap)
JacketFlap tags: Law, copyright, Pixels, Sony, Vimeo, DMCA, Artist Rights, Entura International, Add a tag
Sony succeeded in removing multiple films from Vimeo with the word "pixels" in its title.
Add a CommentBlog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: right, IP, wayne rooney, *Featured, intellectual property law, IP law, Christopher Wogan, Jeremy Phillips, law podcasts, law vox, law vox podcasts, Law, Journals, copyright, podcasts, copyright law, Add a tag
In the second of Oxford’s new series of Law Vox podcasts, Jeremy Phillips, editor of Journal of Intellectual Property Law & Practice, describes how the field of intellectual property law looked when he started his illustrious intellectual property law career. Jeremy’s conversation with Law Vox also addresses how intellectual property evolved and grew to encompass many different features. He uses the analogy of Tracey Emin’s bed to explain how intellectual property touches many aspects of our lives without us consciously realising it.
The post Jeremy Phillips speaks to the Oxford Law Vox appeared first on OUPblog.
Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: Books, Law, copyright, Oxford University Press, copyright law, ALAI, Ludwig van Beethoven, *Featured, Bonn, conference guide, WIPO Treaties, ALAI 2015, ALAI International Congress 2015, German Copyright Act, International Literary and Artistic Association, Add a tag
As the native city of composer Ludwig van Beethoven, Bonn seems to be an appropriate location for a meeting of the International Literary and Artistic Association (ALAI); a society dedicated to protecting the interests of creative individuals. ALAI has roots in the 19th century, when in 1878 the French writer Victor Hugo founded the society in order to promote recognition of the legal protection of authors for their intellectual work.
The post Celebrating 50 years of the German Copyright Act at ALAI appeared first on OUPblog.
Blog: andrea joseph's sketchblog (Login to Add to MyJacketFlap)
JacketFlap tags: illustrator, illustration, copyright, sketch, pen, life drawing, draw, perseverance, AJ, andrea joseph, persevere, copyright 2015, Add a tag
Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: *Featured, Pharrell Williams, Democracy of Sound, robin thicke, commercial law, blurred lines, Arts & Humanities, Got to Give it Up, The Copyright Act, Books, Music, Law, copyright, World Book and Copyright Day, copyright law, Marvin Gaye, Lou Reed, Add a tag
A peppy beat and bassline. Cowbell. An ecstatic whoop in the background. Make a note, because all these elements now belong to family of Marvin Gaye. Or do they? The recent verdict against Robin Thicke and Pharrell Williams in the 'Blurred Lines' case has perplexed followers of the music industry. One might think the ruling was a vindication of the rights of artists, but composers like Bonnie McKee see it differently.
The post The “Blurred Lines” of music and copyright: Part one appeared first on OUPblog.
Blog: andrea joseph's sketchblog (Login to Add to MyJacketFlap)
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Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: copyright, Oxford University Press, intellectual property, *Featured, commercial law, international copyright, international copyright law, Jorg Reinbothe, Oxford Law, Silke Von Lewinski, WCT, WIPO Treaties, WPPT, Books, Law, Add a tag
Copyright these days is very high up on the agenda of politicians and the public at large. Some see copyright as a stumbling stone for the development of digital services and think it is outdated. They want to make consumers believe that copyright protection is to be blamed, when music or other ‘content’ is not available online, preferably for free. From Brussels we hear that ‘national copyright silos’ should be broken up, that the EU Internal Market is fragmented when it comes to copyright.
The post International copyright: What the public doesn’t know appeared first on OUPblog.
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JacketFlap tags: History, Law, film, Journals, copyright, oscars, film rights, America, Martin Luther King, cinema, Selma, mlk, *Featured, TV & Film, commercial law, commlaw, IDPL, Eleonora Rosati, King Estate, Rev Dr Martin Luther King Jnr, Add a tag
A few days ago The Hollywood Reporter featured another interesting story concerning Martin Luther King or – to be more precise – his pretty litigious estate.
This time the fuss is about already critically acclaimed (The New York Times critic in residence, AO Scott, called it “a triumph of efficient, emphatic cinematic storytelling”) biopic Selma, starring David Oyelowo as the Rev Dr Martin Luther King, Jr.
The film starts with King’s acceptance of the Nobel Peace Prize in December 1964 and focuses on the three 1965 marches in Alabama that eventually led to the adoption of the Voting Rights Act later that year.
The King estate has not expressly objected to the making of this film. However, back in 2009 the same estate had granted DreamWorks and Warner Bros a licence to reproduce King’s speeches in a film that Steven Spielberg is set to produce but has yet to see the light. Apparently Selma producers attempted in vain to get permission to reproduce King’s speeches in their film. What happened in the end was that the authors of the script had to convey the same meaning of King’s speeches without using the actual words he had employed.
Put it otherwise: Selma is a film about Martin Luther King that does not feature any actual extracts from his historic speeches.
Still in his NYT review, AO Scott wrote that “Dr. King’s heirs did not grant permission for his speeches to be quoted in “Selma,” and while this may be a blow to the film’s authenticity, [the film director] turns it into an advantage, a chance to see and hear him afresh.”
Indeed, the problem of authenticity has been raised by some commentators who have argued that, because of copyright constraints, historical accuracy has been negatively affected.
But is this all copyright’s fault? Is it really true that if you are not granted permission to reproduce a copyright-protected work, you cannot quote from it?
“The social benefit in having a truthful depiction of King’s actual words would be much greater than the copyright owners’ loss.”
Well, probably not. Copyright may have many faults and flaws, but certainly does not prevent one from quoting from a work, provided that use of the quotation can be considered a fair use (to borrow from US copyright language) of, or fair dealing (to borrow from other jurisdictions, e.g. UK) with such work. Let’s consider the approach to quotation in the country of origin, i.e. the United States.
§107 of the US Copyright Act states that the fair use of a work is not an infringement of copyright. As the US Supreme Court stated in the landmark Campbell decision, the fair use doctrine “permits and requires courts to avoid rigid application of the copyright statute when, on occasion, it would stifle the very creativity that the law is designed to foster.”
Factors to consider to determine whether a certain use of a work is fair include:
- the purpose and character of the use, including whether the use is commercial or for nonprofit educational purposes (the fact that a use is commercial is not per se a bar from a finding of fair use though);
- the nature of the copyright-protected work, e.g. if it is published or unpublished;
- amount and substantiality of the taking; and
- the effect upon the potential market for or value of the copyright-protected work.
There is fairly abundant case law on fair use as applied to biographies. With particular regard to the re-creation of copyright-protected works (as it would have been the case of Selma, should Oyelowo/King had reproduced actual extracts from King’s speeches), it is worth recalling the recent (2014) decision of the US District Court for the Southern District of New York in Arrow Productions v The Weinstein Company.
This case concerned Deep Throat‘s Linda Lovelace biopic, starring Amanda Seyfried. The holders of the rights to the “famous [1972] pornographic film replete with explicit sexual scenes and sophomoric humor” claimed that the 2013 film infringed – among other things – their copyright because three scenes from Deep Throat had been recreated without permission. In particular, the claimants argued that the defendants had reproduced dialogue from these scenes word for word, positioned the actors identically or nearly identically, recreated camera angles and lighting, and reproduced costumes and settings.
The court found in favour of the defendants, holding that unauthorised reproduction of Deep Throat scenes was fair use of this work, also stressing that critical biographical works (as are both Lovelace and Selma) are “entitled to a presumption of fair use”.
In my opinion reproduction of extracts from Martin Luther King’s speeches would not necessarily need a licence. It is true that the fourth fair use factor might weigh against a finding of fair use (this is because the Martin Luther King estate has actually engaged in the practice of licensing use of his speeches). However the social benefit in having a truthful depiction of King’s actual words would be much greater than the copyright owners’ loss. Also, it is not required that all four fair use factors weigh in favour of a finding of fair use, as recent judgments, e.g. Cariou v Prince or Seltzer v Green Day, demonstrate. Additionally, in the context of a film like Selma in which Martin Luther King is played by an actor (not incorporating the filmed speeches actually delivered by King), it is arguable that the use of extracts would be considered highly transformative.
In conclusion, it would seem that in principle that US law would not be against the reproduction of actual extracts from copyright-protected works (speeches) for the sake of creating a new work (a biographic film).
This article originally appeared on The IPKat in a slightly different format on Monday 12 January 2015.
Featured image credit: Dr. Martin Luther King speaking against war in Vietnam, St. Paul Campus, University of Minnesota, by St. Paul Pioneer Press. Minnesota Historical Society. CC-BY-2.0 via Flickr.
The post Selma and re-writing history: Is it a copyright problem? appeared first on OUPblog.
Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: black macaque, Jeremy Phillips, Monkey Day, monkey selfie, copyright, monkeys, Oxford University Press, oup, intellectual property, Kim Kardashian, Intellectual property rights, trademarks, kardashian, footballers, selfie, commercial law, commlaw, Law, Journals, Media, Editor's Picks, *Featured, Add a tag
When “The Case of the Black Macaque” scooped media headlines this summer, copyright was suddenly big news. Here was photographer David Slater fighting Wikipedia over the right to disseminate online a portrait photo of a monkey which had, contrary to all expectations and the law of averages, managed within just a few jabs of a curious finger, to take a plausible, indeed publishable “selfie”. Did Slater have the right to control the image since it was his camera on which it was recorded, or was it free for the world to use on the basis that he was not its author, the true creator being the crested black macaque who, for all her charm and dexterity, was neither a real nor legal person and therefore disentitled to any legal rights?
Disputes like this make great headlines, but cause even greater headaches for the intellectual property (“IP”) community. Most have little legal substance to them and are interesting only because of their facts, but that’s what drives journalists’ involvement and readers’ interest, making it easier for the media to attract paying advertisers. By the time they pass through the media machine these tales are frequently mangled to the point at which IP lawyers can scarcely recognise them. In one recent case involving a well-known chocolate brand, a company was said to have patented its copyright in England in order to sue a business in Switzerland for trade mark infringement. To the layman this may sound fine, but it’s about as sensible to the expert as telling the doctor that you’ve got a tummy ache in your little finger because your cat ate the goldfish last night. We IP-ers try to explain the real story, but monkeys and selfies are far more fun than the intricacies of copyright law and, by the time we’ve tried to put the record straight, the next exciting story has already broken.
“By the time they pass through the media machine, these tales are frequently mangled to the point at which IP lawyers can scarcely recognise them”
The next selfie episode to hit the headlines, far from featuring a portrait, was quite the opposite end of the anatomical spectrum. Model Kim Kardashian objected that Jen Selter’s selfies constituted copyright infringements of photos which had been taken of Kim Kardashian’s bottom (occasionally colloquially described as her “trademark” bottom, but not yet registered in conventional legal fashion). Here the only questions IP lawyers address are (i) are the pictures of Kim Kardashian’s backside copyright-protected works and (ii) does the taking by Jen Selter of selfies of her own posterior constitute an infringement? For press and public, however, the issue morphs into the much more entertaining, if legally irrelevant, one of whether a person has copyright in their own bottom.
There are many IP rights apart from copyright and they all have their macaque moments. Trade mark law is full of episodes of evil corporations stealing words from the English language and stopping anyone else using them. Patent law (in which the legal protection of body parts very much smaller than bottoms, such as sequences of DNA, does have some relevance) is garnished with tales of greed and intrigue as people seek to steal one another’s ideas and avariciously monopolise them. Confidentiality and the right to publicity have their own rip-roaring encounters in court as amorous footballers who are “playing away” seek to hush up their extramarital (that’s one word, not two) exploits. Meanwhile, the women with whom they shared moments of illicit intimacy seek to cash in on their news value by selling them to the highest bidder. For IP lawyers the legal issues are serious and, when cases come to court, they achieve precedential status that governs how future episodes of the same nature might be handled. For press and public, the issues are different: who is the footballer, who is the woman — and are there any pictures (ideally selfies)?
Seriously, the rate at which not just eye-catching tales like those related above but also far less glamorous tales result in litigation, or even legislation, makes it hard-to-impossible for practitioners, academics, administrators and businessmen to keep abreast of the law, let alone understand its deeper significance for those affected by it: businesses, governments, consumers, indeed everyone. Publishers like OUP are increasingly raising the tempo of their own responses to the IP information challenge, utilising both formal and informal media, in print and online. Since legal publishing is largely reactive, we can narrow the gap between the time an exciting new event or legal decision hits the popular media and the point at which we can strip it down to its bare legal essentials. But it will take more than a little monkeying around before we can close that gap completely.
Featured image credit: Camera selfie, by Paul Rysz. CC-BY-2.0 via Flickr.
The post Selfies and model bottoms: monkeying around with intellectual property rights appeared first on OUPblog.
Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: intellectual property law, commercial law, commlaw, neil wilkof, Books, Law, Videos, copyright, intellectual property, Intellectual property rights, trademarks, *Featured, Add a tag
How does the law operate when intellectual property rights overlap? When a creative output, be it a photograph, a piece of music, or any artistic work, is protected by multiple intellectual property rights such as trademark and copyright, or a patent and data protection, it can be challenging to manoeuvre through the overlapping rights. Intellectual property law seeks to defend the rights of the artistic creator, and protects the expression of ideas, but when these rights overlap in both law and practice, how do they interact?
This is a question that Neil Wilkof, member of the Bressler Group, special IP counsel to Herzog, and Fox & Neeman, Israel, was faced with when a student asked him how overlapping trademarks and copyright might operate. Here, Wilkof discusses how this question might be tackled:
In practice, intellectual property rights very rarely occur independently; there is usually an overlap. Here, Wilkof explains how the disjuncture between written law and practice can be addressed by looking at intellectual property from a practical, rather than theoretical, perspective:
With the issues of overlapping intellectual property rights in mind, Wilkof goes on to discuss how this area of law might change and develop in the future:
The post The past, present, and future of overlapping intellectual property rights appeared first on OUPblog.
Blog: Galley Cat (Mediabistro) (Login to Add to MyJacketFlap)
JacketFlap tags: Copyright, Cory Doctorow, Add a tag
Digital writing community Wattpad is making it easier for writers to make their work available to be the basis of fan fiction. The social network has expanded its Creative Commons licensing option to level 4.0, which essentially means that they are giving writers more options to rework and remix the work of other writers.
Writers can participate by tagging their stories with the CC 4.0 licensing option, making their stories searchable to site visitors looking for work to expand upon. Wattpad has more than 300,000 stories which include this distinction. Sci-fi author Cory Doctorow has shared five works on Wattpad under these licenses, including Homeland and Little Brother. To help promote the launch of CC 4.0, he has made his first novel Down and Out in the Magic Kingdom available for other writers to rework on Wattpad.
“The biggest question facing new writers today isn’t how to protect their work; it’s how to find a readership for it,” stated Doctorow. “It makes complete sense that so many Wattpad writers are gravitating toward Creative Commons licenses: by giving others permission to share your writing, you can open doors to new audiences and new creative opportunities.”
New Career Opportunities Daily: The best jobs in media.
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A US court has ruled that forty-six Sherlock Holmes stories and four novels are in the public domain and are no longer subject to the copyright of Scottish writer Arthur Conan Doyle.
The ruling comes as part of a lawsuit between Doyle’s estate and Leslie S. Klinger, the author of a new original work of fiction starring Holmes called A Study in Sherlock: Stories Inspired by the Sherlock Holmes Canon. In 2011, the estate demanded a licensing fee from his then publisher Pegasus Books who dropped the book over threats of a lawsuit and having the book blocked from major retailers. Random House later picked up the book and according to The Guardian, “paid the fees, even though Klinger thought that the Holmes stories were in the public domain.” (more…)
New Career Opportunities Daily: The best jobs in media.
Add a CommentBlog: An Awfully Big Blog Adventure (Login to Add to MyJacketFlap)
JacketFlap tags: copyright, piracy, Nicola Morgan, Add a tag
All romantic and richly-dressed, swash-buckling and thigh-booted, breeches of brown doe-skin, rapiers atwinkle, mounted on ebony thoroughbreds - that's the glamorous highwaymen. And as for the pirate chiefs, well, fearsomely moustachioed, portly stomachs bursting through silver-buttoned jackets, with scarlet-breasted parrots joining in the comradely sea-shanties, slicing their ships through the waves with the sleekness of dolphins. Ahoy me hearties! Stand and deliver! Romantic rapscallions on highways and high seas.
Most of us love or have loved a good highwayman or pirate story and where would those tales be without the romance and swash-bucklingness, the sense of robbing the rich to give to the poor - or at least just robbing the rich in an era where all the laws were made for the rich and justice was hard to come by?
We don't much enjoy being reminded of the truth about highwaymen and pirates - that pirates ruthlessly and violently terrorised (and still do in some parts) honest seafarers bringing food or goods from country to country and that highwaymen were reckless and cruel in their robbery of people of all classes, ages and weaknesses. Dick Turpin's gang, for example, is said to have been responsible for countless violent robberies, mostly against people too poor to matter to the authorities, with gleeful torture and rape thrown in.
Which brings me to that other sort of "pirate", very different from both the parrot-ridden, shanty-singing, jolly-roger myth and the genuinely dangerous, ruthless robber of the seas: I'm talking about the scummy thieves who steal our work and prevent us being able to earn. I wish people wouldn't call them pirates, because there's really no comparison, either in perceived glamour or in power. Scummy thieves, they are. They just take what isn't theirs, without bravery, risk or effort.
This is close to my heart right now, as yesterday I received a Google alert, directing me to where I could (apparently) get free downloads of my ebooks. These are ebooks I published myself, no advance, no fee, no earnings unless people choose to pay the c£2 I dare to charge for them. No publisher to serve a take-down notice for me. They took me countless hours to create, and I paid real money for proof-reading, cover design, formatting and promotion. And three days before they appeared on this torrent site, I noticed that my sales on Amazon had plummeted to almost zero.
Well, thanks for that, to the thieves who put them up on the site.
And thanks, I must say, to people uncaring or unaware enough to download them.
I can't do anything about the site and the scummy thieves - though I'm following a few leads and doing what I can without spending a ridiculous amount of time. I contacted the Society of Authors, and, amongst other things, they suggested informing the Publishers Association about the
NB - incidental warning: I did not click on the links to download my books - including the audio version, which I was particularly intrigued about because I never created an audio version - and Kate Pool at the SoA said I was right to be cautious: "By no means all sites purporting to offer pirated copies are in fact doing so. In addition to entirely legitimate online retailers offering to sell new copies, or second-hand copies some are virus-ridden, and some are pfishing sites just after bank/personal details e.g. encouraging rights holders to contact them, and promising (not always truthfully) that they will remove the book from their site if the rights holder pays a fee." And I think, in fact, that's what this particular site was; which doesn't make it better, just different.
Anyway, as I say, I can't do much about the little thieves with their scummy sites. But I can do something about the uncaring or unaware behaviour of people who download from them.
And so can any of us. Two things. First, call them on what they're doing. Whether it's our kids or our friends, or casual acquaintances who drop into the conversation with a little laugh that they know a place where you can get any ebook/music free. Ask them (and yes, it can be done politely, and usually that's all it takes before the penny drops) exactly in what way deciding not to pay for a book or music or image because it's easy to steal is any different at all from shop-lifting? Explain that actually yes, writers need and deserve to be paid for their work, in exactly the same way as the shopkeeper or any other human does. But even if a writer happened to be very rich and moderately unsaintly (only one of which things I am), you still can't steal from them - just as if I left a cake cooling on a kitchen windowsill you wouldn't steal it. "But Nicola doesn't need that cake and anyway, I don't like her," doesn't make it OK to steal my cake.
And second, stop calling the people who steal the files and put them up there "pirates". Just stick to scummy little thieves. Because they are.
Most people, I still believe, are decent, and wouldn't do this if they understood and realised that it does hurt and that there are victims. Call me an idiot, but it is what I believe. And I think that making decent people understand is the best thing we can do.
PS At only a slight tangent and still on the subject of money, please note that there is NEW SOA ADVICE ABOUT FEES FOR AUTHOR/ILLUSTRATOR VISITS. If you detect my voice in it, there's a reason... Each author/illustrator is entirely at liberty to charge whatever feels right, but you might like to know what many were charging last year. And yes, every author/illustrator is different and every event/school/budget is different, but if your visit is valuable, give it a value. Interestingly, a lot of wonderful librarians and schools have retweeted that article, with supportive comments. Thanks, to all of them.
PPS Entirely irrelevantly, if you work for or want to support a school, note that I am offering ONE free BRAIN STICK™ only to a randomly-chosen school, in my next Brain Sane newsletter. Details of how to enter (free) are here.
Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: public health, epidemiology, *Featured, Palliative Care, module, Online products, Oxford Scholarship Online, oso10, Nutrition for Developing Countries, Social Determinants of Health, The Strategy of Preventative Medicine, Education, illustrations, copyright, Add a tag
Oxford Scholarship Online (OSO) launched in 2003 with 700 titles. Now, on its tenth birthday, it’s the online home of over 9,000 titles from Oxford University Press’s distinguished academic list, and part of University Press Scholarship Online. To celebrate OSO turning ten, we’ve invited a host of people to reflect on the past ten years of online academic publishing, and what the next ten might bring.
By Nicola Wilson
When I was invited to develop two lists for Oxford Scholarship Online, I jumped at the chance. From the perspective of a commissioning editor, digital publishing has extended the “life” of our copyrights indefinitely, and we no longer need to hold a book in physical print for it to continue to be available to our readers.
The first module that I developed was “Public Health and Epidemiology,” back in 2008. The books contained in the module have been published by our medical department over the course of three decades, and many are now considered public health classics, such as Michael Marmot’s Social Determinants of Health, and Geoffrey Rose’s The Strategy of Preventative Medicine.
The books that we chose to include on Oxford Scholarship Online present research and analysis of global health issues, and insight into the impact of diseases and conditions on populations. Several of the projects in the module have directly influenced policy planning and clinical attitudes to disease prevention and management, transforming scientific investigation methods and treatment approaches worldwide.
The biggest challenge in developing the module was the time that it took to clear permission to reproduce the material online. Many of the contracts and agreements that we held for our older books long pre-dated electronic resources, and we had to ask the authors and editors to sign contract addendums to allow us to proceed with publishing the books online. In some instances, authors had died since the book was published with us, so we needed to contact authors’ estates and ask surviving relatives to grant us permission to reproduce the material online.
In other cases, we needed to trace the ownership of third-party copyrighted material which was included in the books, so I became a detective, trying to identify the current owners of defunct publishers, some of which had changed their ownership through multiple company mergers over a thirty-year period. What naively started out as a few hours of looking through dusty hard-copy records in our basement, turned into a few months of internet heavy investigation and phone calls to numerous publishers’ Rights departments.
The amount of work that clearing permissions created turned it into an “all hands on deck during evenings and weekends” project. Over half of the medical department pitched in extra hours over a four-month period to ensure that we hit the launch deadline that we had been set. (Never underestimate the power of food to complete a project on schedule.)
The trickiest book that we worked on was Nutrition for Developing Countries, which was originally published in 1993 before our copyright clearance rules were defined. It’s full of unique hand drawn illustrations of Tanzanian families, different types of food, and easy-to-read graphs. It was specifically presented in such a way that could be used as a “show and tell” book by doctors working with non-literate families in Africa. For example, they could point at the illustrations of healthy foods in the book and explain to nursing mothers how eating those foods would help their babies to grow strong and remain healthy.
However, our challenge was trying to find out who had drawn the pictures, and subsequently who owned the copyright for them. Many of the illustrations had been drawn by a friend of one of the editors, and given to the editor as a wedding present. Did this mean that the copyright was held by the editor, or was it held by the artist? No copyright permission had ever been signed to state either way, and we had no contact details for the artist to enquire with them directly. We contacted the book editor, but they were often working in areas of Africa where Internet access was non-existent, so it took around four months to liaise with the editor and the artist (whom the editor contacted on our behalf), and acquire permission from both of them (to cover all legal bases) to use the illustrations in a digital form.
A major benefit of putting books online is the global availability of the information they contain; practitioners and academics can access and use these books online wherever they are in world. It’s wonderful that public health and epidemiology books attract a global readership, and through their availability online, they will have an even broader reach, and continue to help develop and improve research and treatment for many years to come.
Nicola Wilson is Commissioning Editor for the “Palliative Care” and “Public Health and Epidemiology” modules on Oxford Scholarship Online.
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The post Developing a module for Oxford Scholarship Online appeared first on OUPblog.
Blog: Cartoon Brew (Login to Add to MyJacketFlap)
JacketFlap tags: Sony Pictures, Blender, Blender Foundation, Sintel, Sony Pictures Movies & Shows, copyright, Ideas/Commentary, YouTube, Add a tag
Sony Pictures has demanded the removal of the CGI short film Sintel from YouTube due to a claim of copyright infringement. One small problem: they don't actually own anything in the film.
Add a CommentBlog: librarian.net (Login to Add to MyJacketFlap)
JacketFlap tags: censorship, books, events, copyright, privacy, bbw, bannedbooksweek, bbooks, Add a tag
For some reason last year I didn’t do my annual roundup of Banned Books Week websites. Here is a link to the source of the image above which is from the New Yorker’s article about the JD Salinger-evocative book 60 Years Later, Coming Through the Rye which is illegal to sell in the US. You can find more news articles about that situation at the author’s small Wikipedia page. You can look at past posts on this topic by checking out the bannedbooksweek tag here or here is a list of the annual posts: 2000, 2001, 2002, 2003, 2004, 2006, 2007, 2008, 2009, 2010 and 2011. I skipped 2005 and 2012.
As usual, you get a neat real-time look at what’s going on by following the Twitter hashtag. Do NOT look at the bbw twitter hashtag as I mistakenly did last night. As usual there are two “main” sites the ALA site at ala.org/bbooks and the bannedbooksweek.org site which is really nice looking this year. The BannedBooksWeek Twitter account is still moribund which is a damned shame. The Virtual Read Out doesn’t seem to have any new videos this year… yet?
Please remember if you are a librarian who has a book that is challenged, report it to the ALA so they can keep track of it.
Here is the list of organizations who are co-sponsors. Let’s look at their websites.
- American Library Association – has that clicky slide show on their home page, in which #7 is a link to the Banned Books site on ALA.org. There is a link to their press release on their news page. OIF maintains the main Banned Books Week pages which I linked to above.
- American Booksellers Association – they seem to do most of their promotion via ABFFE (below) but they have this post on their blog about what is going on this week and also created a Banned Books Week in a Box for book sellers to promote Banned Books Week. Nothing at all on their Facebook/Twitter accounts.
- American Booksellers Foundation for Free Expression – is doing a poetry reading in NYC and I’m gratified to see their home page mentioning the NSA/Snowden issues. Last year’s Banned Books Week Handbook is still available though their Five Easy Ways to participate has been changed to Four Easy Ways. I especially appreciate their links and information about the Kids Right to Read Project since the bulk of challenges lately are about books that people deem age inappropriate.
- American Society of Journalists and Authors – linked to this press release which is the boilerplate one from ALA/ABA/ABFFE. their Banned Books Page from two years ago is now a 404. Nothing on Twitter/Facebook.
- Association of American Publishers – their website has a list of Banned Books Week quotations and this other page talking about what some of their major publishers are doing. Harper Collins has a Banned Books Week page on their EpicReads site outlining HC books that have been banned or challenged. Their header graphic has last year’s date on it, unfortunately.
- National Association of College Stores – nothing, as usual. Nothing on Twitter/Facebook.
- Comic Book Legal Defense Fund – has a very useful page about BBW and a list of banned/challenged comics. They also have this very useful page for librarians an educators.
- National Coalition Against Censorship – good website as always and an active and useful Twitter feed. Their Books page has links to current challenges and more information on the Kids Right to Read project.
- The Freedom to Read Foundation – are spotlighting a different recipient of the Judith Krug Fund Banned Books Week Event Grants. I especially liked reading about Judith’s Reading Room an organization that provides “custom libraries to not-for-profit organizations that serve people who, for any reason, have limited or no access to literature”
- National Council of Teachers of English – has their own BBW page this year and a link to an interesting article outlining how NCTE Actively Began Fighting Censorship in the 1950′s. They have their own challenge reporting site.
- Project Censored – a brief mention on Facebook/Twitter.
Center for the Book in the Library of Congress – apparently endorses the events but not publicly. They are just wrapping up the National Book Festival so they’ve been a little busy.
The language of the censor is the language of the tyrant, the absolutist, the one with no vision. It is the antithesis of art because it assumes that there is only one perspective, one reality, and that anything that fails to rhyme with it is a sin against nature. But the real sin against nature is to suffocate personal truths and experiences with wobbly doctrine and to disguise it as morally just. Art— particularly literature—exists to show us there are as many worlds as there are people. Each of these worlds come with its own laws. These laws vary from person to person, but if there is one that they have in common it is to share your truth. We owe it to our humanity and our short time among other humans to respect the truths that are shared with us. – Nick Burd
Websites are working and the word is getting out. I was pleased with this year’s collections of content. What I’m concerned about, as per usual, are challenges and censorship that don’t even reach the physical items on the library shelves. What about this Salinger book? Worldcat shows 40 copies of it, a handful of which are in the US, and the reviews of it haven’t been so great anyhow. But the idea that the book wasn’t obtained and removed, it was never obtained in the first place (as we see with so much born-digital content that we can’t even get in lendable format) opens a door to all new ways that libraries can not get books. The old challenges (dirty cowboy? really? do not google that) remain and new ones appear.
Blog: wellerwishes (Login to Add to MyJacketFlap)
JacketFlap tags: copyright, society6, Add a tag
I'm not one to dwell on something, to pine and to wallow. I am a positive person and I like to move forward and upward from difficult situations. But, I am a completist, I like to finish what I start, and I like to be thorough. I like to help others through my own experience, and to share information that may benefit others. We artists (and friends!) need to stick together... and speaking of which, I so greatly appreciate all of the support that's been shown to me over the past couple days!
Here is my letter to S6, their response, and my reply to it. If it helps someone, I'm happy.
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My email to S6 (email #1)
Dear Society 6,
(attached to message: screenshot from Instagram providing infringing sellers' name)
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REPLY from S6 (email #2)
(Note: the following portion of the email, in grey, is content lifted directly from Society6's Copyright page)
----------------------------
My Reply (email #3)
February 25, 7:52pm
Blog: wellerwishes (Login to Add to MyJacketFlap)
JacketFlap tags: copyright, Business of Art, bummer, jivecats, Add a tag
Beaumont Stuffs Instagram account: Now Private! |
Oh... and also: feel free to "friend" them and screenshot any pages you gain access to, and send them along to me. THAT would REALLY help a lot!!
Blog: OUPblog (Login to Add to MyJacketFlap)
JacketFlap tags: activism, intellectual property, copyright law, Digital Age, law enforcement, *Featured, Public Access, Law & Politics, swartz, JSTOR, Science & Medicine, Strange and Litigious Career of Ira B. Arnstein, Unfair to Genius, Gary Rosen, Aaron Swartz, Alex Sayf Cummings, Copyright and Mass Digitization, Copyright's Paradox, Dan Hunter, Democracy of Sound, Electronic Records), hacktivist, How to Fix Copyright, Maurizio Borghi, Neil Weinstock Netanel, Oxford Introductions to U.S. Law, public use, Robert Spoo, Stavroula Karapapa, William Patry, Without Copyrights, swartz’s, netanel, arnstein, spoo, public domain, copyright, publishing, Technology, piracy, Current Affairs, Add a tag
In 2010, Aaron Swartz, a 26-year-old computer programmer and founder of Reddit, downloaded thousands of scholarly articles from the online journal archive JSTOR. He had legal access to the database through his research fellowship at Harvard University; he also, however, had a history of dramatic activism against pay-for-content online services, having previously downloaded and released roughly 100,000,000 documents from the PACER (Public Access to Court Electronic Records) database, which charges eight cents per page to access public files. Given his status as a prominent “hacktivist” and the sheer quantity of files involved, law enforcement agents concluded that Swartz planned to distribute the cache of articles and indicted him on multiple felony counts carrying a possible sentence of $1 million in fines and 35 years in prison.
Swartz was slated to go to trial this year but committed suicide in early January, prompting a public outcry against the prosecution in his case. Swartz was a prominent voice in the heated debate surrounding modern copyright law and public access and use (see his 2008 “Guerrilla Open Access Manifesto”). New York’s current issue contains a great feature from Wesley Yang discussing Swartz’s activism, his life, and the controversy in which he was embroiled.
In the ongoing debate over Swartz’s prosecution, we’ve pulled together a brief reading list on the issues surrounding American copyright in the digital age from OUP’s stable:
Copyright’s Paradox by Neil Weinstock Netanel
Netanel weighs current IP law against the basic right of freedom of speech. Like Swartz, he finds it unacceptably constricting.
The Oxford Introductions to U.S. Law: Intellectual Property by Dan Hunter
A concise overview of the current state and history of IP law in America from a prominent New York University IP expert.
Copyright and Mass Digitization by Maurizio Borghi and Stavroula Karapapa
Two UK scholars discuss “whether mass digitisation is consistent with existing copyright principles.”
How to Fix Copyright by William Patry
A Senior Copyright Counsel at Google takes a look at the changing economic realities of the globalizing, digitizing world and concludes that our government must “remake our copyright laws to fit our times.”
Democracy of Sound by Alex Sayf Cummings
An overview of music piracy stretching back to the advent of recorded sound. The RIAA made headlines throughout the last decade by litigating against users who shared music online, but musicians, record companies, songwriters, and fans were navigating this territory for nearly a century before the Internet became a factor.
Unfair to Genius: The Strange and Litigious Career of Ira B. Arnstein by Gary Rosen
The story of one early 20th century musician who spent decades conducting high-profile lawsuits against the leading pop icons of the day. Though he never won a single case, Ira Arnstein managed to have a significant impact on the shape of music copyright through the decisions in his numerous cases.
Without Copyrights: Piracy, Publishing, and the Public Domain by Robert Spoo
Spoo homes in on the contested publication of Ulysses to reveal the impact on copyright of literary modernism (and vice versa). Characters such as Ezra Pound, the infamous publisher Samuel Roth, and of course James Joyce flesh out a revealing story about artists grappling with free speech and authorship.
Oxford University Press is committed to developing outstanding resources to support students, scholars, and practitioners in all areas of the law. Our practitioner programme continues to grow, with key texts in commercial law, arbitration and private international law, plus the innovative new ebook version of Blackstone’s Criminal Practice. We are also delighted to announce the new edition of the Max Planck Encyclopedia of Public International Law, one of the most trusted reference resources in international law. In addition to the books you can find on this page, OUP publishes a wide range of law journals and online products.
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[...] librarian.net » Blog Archive » The annual banned books week roundup for 2013. [...]
Really, that’s a nice roundup. Thanks.
[...] hold out hope that people take a moment to be courageous and speak up, even if it is anonymously. Jessamyn West has a nice roundup as to what different groups are doing for Banned Books Week so take a moment to [...]