The Taper

The Taper
Copyright and Information Policy at the UVA Library

The Department of Education Open Licensing Rule Went Into Effect This Week

As of this Monday, May 22, 2017, the Department of Education’s Open Licensing Rule is in effect. The Rule helps ensure broad public access to the products of federal grant-funded education research. Federal investments in this area can yield great benefits to the public, and requiring a plan for public access that includes broad licenses to encourage reuse will help multiply those benefits. SPARC has an excellent overview of the rule, including the full text and links to relevant laws and regulations.

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Does Fair Use Affect Academic Authors’ Incentive to Write? Some Lessons from Authors of Works from the GSU Course Reserves Case

This post was co-authored by David Hansen and Brandon Butler and cross posted on The Taper and on Duke University Libraries’ Scholarly Communications Blog.

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Green Shoots in Spring at the Library of Congress and the Copyright Office

Imagine if you could download a .ZIP file with every single Copyright Office record, from the beginning of time thru, say, 2014, in a standardized and searchable format, free online. Who owns what, when it was published, whether it was renewed, even (dare to dream) when copyrights were sold or licensed exclusively to others, all in your choice of standard formats. What could people build around that free dataset? What could scholars learn? What deals could get done to revive forgotten works for new audiences?

I ask because the Library of Congress just did the equivalent with its MARC records, the electronic version of cards in a card catalog. The Library released 25 million records, its largest public data release ever, for free bulk download online. For years the Library has diligently created, compiled, updated, and distributed these records to libraries through a subscription service, which it will still offer. (The free bulk download doesn’t include the last 2 years’ worth of data, to preserve some incentive for institutional users to maintain the subscription service, presumably a cost-recovery mechanism that supports creation and maintenance of the data).

This is noteworthy because it is deeply inconsistent with the argument from supporters of HR 1695 that the Copyright Office needs to cut ties from the Library in order to “modernize” its information services.

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Operationalizing Non-Consumptive Fair Use with the HathiTrust

Check out this little piece I wrote for the HathiTrust, explaining the new non-consumptive use policy that a group of us helped to craft to guide researchers as they seek to make lawful fair use of the millions of in-copyright volumes in the HathiTrust library.

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Fair Use and Open Access: Two Great Tastes That Taste Great Together

cross-posted at Harvard’s Library Copyright Blog

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Some thoughts on the next Register of Copyrights

From Kyle Courtney, Mary Minow, and me, posted at the Library Journal here. Also, I wrote up a little tweetstorm this morning about the last Register’s new job, the revolving door, and the risk of cultural capture.

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Libraries and Copyright: 42 Experts Weigh In

Today I sent a letter on behalf of 42 copyright lawyers, scholars, and expert librarians to leaders in Congress. In it, we explain the rich relationship between libraries and copyright, and urge Congress to keep the Office where it has lived for more than a century: inside the Library of Congress. We hope this letter will be a useful input as the House Judiciary Committee considers the first part of its copyright reform agenda, announced earlier this week in a one-pager and short YouTube clip focused on the Copyright Office. The Duke University Libraries sent a fantastic letter yesterday, the Library Copyright Alliance (LCA) issued a clear preliminary statement, and I expect there will be more input from the library community as this discussion continues.

Our letter was originally prompted by another letter,

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The Fallacy at the Heart of the Publishers' Latest GSU Brief

Fellow man! Your whole life, like a sandglass, will always be reversed and will ever run out again, - a long minute of time will elapse until all those conditions out of which you were evolved return in the wheel of the cosmic process. And then you will find every pain and every pleasure, every friend and every enemy, every hope and every error, every blade of grass and every ray of sunshine once more, and the whole fabric of things which make up your life.

Friedrich Nietzsche, Notes on the Eternal Recurrence

In times of great change and tumult, we in library- and copyright-land can take a measure of comfort in at least one eternal recurrence: the Georgia State course reserves case grinding on and on.

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Working the Ref on Copyright Office Reform

Change is in the air in Washington, D.C., and everyone is talking about it. Of course I’m referring to the Copyright Office. The Washington Post and the Wall Street Journal have both run pieces full of wild speculation about sinister forces conspiring with the new Librarian of Congress, Dr. Carla Hayden, to change the guard at the Copyright Office in order to, like, undermine copyright as we know it, man. Libraries let people read books for free, Don Henley told the Post, so firing former Register of Copyrights Maria Pallante must be part of a library-tech conspiracy to suppress the royalty rates YouTube pays to songwriters.

Wait, what?

The strangest thing about all this conspiracy theorizing (other than the WSJ calling Pallante a “patent defender”—wrong IP, dudes) is that it starts with the idea that the Librarian’s move is a mystery that can’t be explained by available facts. I don’t have access to any insider info, but I don’t think I need it: former Register Maria Pallante didn’t think she should be working for the Library. The Librarian apparently agreed. The end.

So what’s really going on?

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Compromised? Responding to Department of Energy’s “Grand Compromise”

In this guest post, UVA Open Publishing Librarian Dave Ghamandi provides commentary on the state of the federal government’s open access policies, and in particular a response to the Department of Energy’s recent blog post on the “compromises” involved in working with publishers to provide open access to federally-funded scholarship. It’s important to applaud our friends in government when they move in the right direction—and they have certainly done that, as Jerry Sheehan’s recent Open Access Week round-up makes clear. But Dave’s message here is equally important: we must also question dubious compromises and half-measures along the way, before they harden into accepted practice.

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Welcome to the Taper

Welcome to The Taper, a blog about copyright and related library policy issues as seen from my office at the University of Virginia Library, the spiritual (and, originally, the physical) heart of Thomas Jefferson’s “academical village.” I’m Brandon Butler, the new(-ish) Director of Information Policy for the Library, and I’ll be the blog’s primary author. It will also be my privilege to host guest posts from my colleagues at the Library and beyond, who will appear on these pages in the coming days and weeks to share their thoughts on the policy scene and let you know about all the cool stuff they are doing to foster a better-functioning ecosystem for teaching, learning, and scholarship, on Grounds and beyond. Read on for some thoughts on the blog’s name and our Founder’s founding insight.

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