16
12
2017
How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them? The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries. Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.
Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers. The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.
It is essential to libraries, and the term existential would not be too great a term to use, to be able to own digital files, and care for them via preservation and library lends (e.g. to one person at a time) just as they do with print. Can readers count on books being available a year or two or five after publication? The existence of libraries has made this possible from their inception until now.
The flexibility of digital content allows for an endless array of licensing opportunities (e.g. multiple simultaneous users) which is mutually beneficial to both publishers and users. It is not practical to rely only on first sale for library delivery of econtent. The two modes for libraries to acquiring ebooks, licensing and first sale are not mutually exclusive but mutually dependent.
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The content in this post was found at https://fairuse.stanford.edu/2017/02/19/future-libraries-need-first-sale-ebooks/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, Fair Use, First Sale Doctrine
12
10
2017
In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from iTunes could sell the music that they no longer wanted. In a nutshell, the system allowed the owner of a digital file to transfer the music to ReDigi’s cloud storage locker, from which ReDigi could then sell it to a willing buyer for a lower price than the cost of an “original” purchase from the iTunes Store. When a sale was made, Redigi would retain 60% of the sales price, while the seller and artist got 20% each. Although the process of transferring a file from an owner’s personal computer to ReDigi required that it be reproduced on ReDigi’s server, the system removed the file from the owner’s personal computer as the file was moved. Capitol Records, the copyright owner of many music files sold over the ReDigi system, sued ReDigi for copyright infringement, alleging that the company reproduced and distributed its copyrighted works without permission.
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The content in this post was found at http://www.ipwatchdog.com/2017/10/11/digital-resale-copyrights-second-circuit-wont-buy/id=88965/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, First Sale Doctrine
20
02
2017
How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them? The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries. Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.
Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers. The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.
more
The content in this post was found at http://fairuse.stanford.edu/2017/02/19/future-libraries-need-first-sale-ebooks/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, Fair Use, First Sale Doctrine
16
01
2017
Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. copyright law that would provide more guidance and greater flexibility to courts in awarding statutory damages. However, the Task Force has found insufficient evidence to show that there is a change in circumstance in the markets or technology that requires action on amending the first sale doctrine.
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The content in this post was found at http://www.ipwatchdog.com/2016/01/28/commerce-department-recommends-amendments-to-copyright-act-statutory-damages-provisions/id=65490/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, First Sale Doctrine, General IP Legislation Processes
