Digital Discourse / Archives for copyright

Summary of Publishing in an Open Access World Webcast

May 17, 2013 By

Open Access publishing is a dominant topic in the world of scientific research.

During the webinar, held on May 9th and hosted by both the SIIA Copyright & Licensing Working Group and Copyright Clearance Center, the presenters discussed how to develop or refine your Open Access plan and explained what publishers are doing to facilitate the demand for free access to publicly funded content. The speakers also discussed the challenges and ultimate benefits of enabling public access to scientific research from the publishers point of view.

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Presenters:

 

 

 

 


Peter Binfield, co-Founder and Publisher of Peer J
Peter Binfield, Ph.D. Co-founder & Publisher Physicist. Gigapixel photographer. Pete has worked in the academic publishing world for almost 20 years. Since gaining a PhD in Optical Physics, he has held positions at Institute of Physics, Kluwer Academic, Springer, SAGE and most recently the Public Library of Science (PLoS). At PLoS he ran PLoS ONE, and developed it into the largest and most innovative journal in the world.

Heather Joseph, Executive Director, SPARC
Heather Joseph serves the Executive Director of the Scholarly Publishing and Academic Resources Coalition (SPARC), an international coalition of academic and research libraries that promotes the expanded sharing of scholarship. As SPARC’s Director since 2005, Heather has focused on supporting emerging publishing models, enabling digital archives, and establishing open access policies on the national and international levels.

Brian D. Scanlan, President, Thieme Publishers
Brian Scanlan, President of the International Division of Thieme who joined the team in 1995. Thieme, which was founded in 1886, is a privately held, global force that publishes international medical and scientific information that serves physicians, health professionals and students.

  • The power point slides of the presentation are available here.
  • The full recording of the webcast is available here.

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Learn more about Copyright and licensing through the following upcoming event:

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Copyright for Publishers Event Summary

April 5, 2013 By

During the March 12 Copyright for Publishers event, Dan Duncan, Sr. Director, Government Affairs at The McGraw-Hill Companies and Keith Kupferschmid, General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA, discussed the Copyright and Anti-Piracy agenda that is currently impacting companies and what to expect to arise in 2013.

During the session, the speakers focused on the why and where of numerous activities, from creating new exceptions to copyright in the U.S. and abroad, to restrictions on the freedom to license, and an increasing number of mass digitization and research efforts by that may signal a major shift on exactly what copyright law will protect in years to come and may require content providers to rethink their future business plans.

Presenters:Dan Duncan

  •  Dan Duncan, Sr. Director, Government
  • Affairs, The McGraw-Hill Companies

 

 

Keith Kupferschmid

 Keith Kupferschmid, General Counsel
 and SVP, Intellectual Property Policy
 & Enforcement, SIIA

 

 

The full on demand recording of the Copyrights for Publishers session is now available.

 

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Learn more about Copyright and licensing through the following activities and upcoming events:

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Reps. Schiff & Goodlatte: Thanks for the IP Protection Shout Out

February 25, 2013 By

SIIA thanks Reps. Adam Schiff (D-CA) and Bob Goodlatte (R-VA) for urging Congress to help protect IP. Last week, they sent a letter to fellow representatives that highlighted the economic impact of copyright theft, and asked for participation in the Congressional International Anti-Piracy Caucus. Schiff said in a statement to POLITICO that the caucus will continue working to cut the cash flow for pirating websites.

SIIA looks forward to working with administration and congressional leaders to fight intellectual property theft and protect American businesses, exports, and jobs.

Laura Greenback is Communications Director at SIIA. Follow the SIIA Public Policy team at @SIIAPolicy.

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Filed Under: Anti-Piracy, Policy, Policy - Intellectual Property Tagged With: , ,

NYT Says: Don’t Let Importers Undercut U.S. Publishers’ Sales

November 6, 2012 By

The New York Times published an excellent editorial yesterday that explains how a landmark Supreme Court copyright case could undercut the U.S. information industry. The Times breaks down Kirtsaeng v. Wiley as follows:

At stake in this important and knotty case is whether copyright holders — publishers, filmmakers, musicians and creative artists of all sorts — can sell their copyrighted works abroad at prices different from what they charge in the American market and rely on copyright law to help maintain the separate pricing without having importers profit from the difference.

The case establishes whether the U.S. Copyright Act can be interpreted to allow copyright holders to use sensible market segmentation strategies. SIIA hopes the justices agree that publishers should be able to set lower prices in less-developed countries, without importers snatching their products up and using them to undercut American sales.

This isn’t a new notion–it’s already codified in the Copyright Act. The Times explains:

… the Copyright Act prohibits anyone from importing into the United States copyrighted works without the copyright holder’s approval. That provision would be seriously limited if copies of a work made abroad could be resold by importers in this country without constraint.

When importers exploit discounts that are meant for poor students in undeveloped nations, they aren’t just denying those students an education–they are threatening American publishers’ ability to do business abroad.

For more information, read SIIA’s amicus brief in the case, which defends the view that these purchases violate U.S. copyright law, since the first sale doctrine does not apply to a work made and sold abroad.

Laura Greenback is Communications Director at SIIA. Follow the SIIA Public Policy team at @SIIAPolicy.

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SIIA’s Keith Kupferschmid Weighs in on Kirtsaeng v. Wiley on HuffPo Live

October 30, 2012 By

SCOTUS was undeterred by Hurricane Sandy yesterday, holding arguments in Kirtsaeng v. Wiley while most of Washington hunkered down for the storm. The landmark case involves the legality of purchasing copyrighted works overseas and selling them here in the U.S. without authorization from the publisher. SIIA’s Keith Kupferschmid joined HuffPo Live to explain how the case threatens the U.S. information industry–wrapping up his segment just minutes before losing power.

Watch the full segment:

The justices seemed fairly split on the case during the argument. Wiley’s counsel, Ted Olson, reiterated a critical point made in SIIA’s amicus brief – that there are many of exceptions in the Copyright Act, including the Fair Use Defense, which can be used to prevent the concerns raised by the appellant.

We believe that the First Sale Doctrine should not apply to materials made and sold overseas. It threatens to severely undermine U.S. companies’ ability to compete in foreign markets. Ultimately, we hope that the Court will be convinced by the very real argument that both publishers and consumers will face direct harm if our markets are allowed to be flooded with copyrighted material that was intended for purchase overseas. American consumers will be defrauded into buying products that may be inferior or otherwise very different from those intended for U.S. markets, while confronting higher prices in the long run. Meanwhile, consumers and students abroad will lose access to valuable U.S. resources that were created for them.

Laura Greenback is Communications Director at SIIA. Follow the SIIA Public Policy team at @SIIAPolicy.

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SIIA Weighs in on Supreme Court Arguments in ‘First Sale’ Case – Kirtsaeng v. John Wiley & Co.

October 29, 2012 By

Today, the U.S. Supreme Court held arguments in Kirtsaeng v. John Wiley & Co. – a hotly contested case that threatens the U.S. information industry. Last month, SIIA filed an amicus brief in the case, which involves the legality of purchasing copyrighted works overseas and selling them here in the U.S. without authorization from the publisher.

We believe that, if the First Sale Doctrine were to apply to materials made and sold overseas, it would severely undermine U.S. companies’ ability to compete in foreign markets. At today’s Supreme Court argument, the Justices seemed fairly split on the issues. Wiley’s counsel, Ted Olson, reiterated a critical point made in SIIA’s brief – that there are many of exceptions in the Copyright Act, including the Fair Use Defense, which can be used to prevent the concerns raised by the appellant.

Ultimately, we hope that the Court will be convinced by the very real argument that both publishers and consumers will face direct harm if our markets are allowed to be flooded with copyrighted material that was intended for purchase overseas. American consumers will be defrauded into buying products that may be inferior or otherwise very different from those intended for U.S. markets, while confronting higher prices in the long run. Meanwhile, consumers and students abroad will lose access to valuable U.S. resources that were created for them.

Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

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Filed Under: Anti-Piracy, Content, Policy, Policy - Intellectual Property Tagged With: , ,

This Week’s Top IP Enforcement Headlines

December 2, 2011 By

White House Unveils New Piracy Awareness Campaign (Reuters)
Attorney General Eric Holder announced a new campaign to raise public awareness about the damaging consequences of intellectual property theft. The campaign will consist of TV public service announcements and print ads and will target everything from illegal music and movie downloads to counterfeit pharmaceuticals.

Grooveshark Responds to Universal’s Copyright Lawsuit (CNET)
Following a lawsuit filed by Universal, in which Universal claims Grooveshark execs led an effort to post more than 100,000 pirated songs onto the music service (previously reported here), Grooveshark responded, stating the lawsuit is based on a “gross mischaracterization of information.”

Judge Orders Google, Facebook to Remove Fake Sites (BBC)
In a case brought by luxury goods maker Chanel against 600 websites, a Nevada judge ordered Google, Facebook, Yahoo, Twitter and others to delist domain names linked to websites selling counterfeit goods.

John Wiley Expands Lawsuit Against File-Sharing ‘Dummies’ (paidContent)
John Wiley filed a new lawsuit against 46 more John Does who were allegedly participating in unauthorized file-sharing of the “For Dummies” series online.

Authorities Seize 131 Domains Associated With Piracy and Counterfeiting (VentureBeat)
Leading up to Cyber Monday, the U.S. government seized 131 domains allegedly associated with counterfeiting and piracy-related websites, signaling authorities have resumed “Operation in Our Sites.”

Hartford Courant Settles Copyright and Hot News Claims (paidContent)
The Hartford Courant quietly settled with the small newspaper that sued it over its news aggregation editor, which means media outlets will not get a further chance to test-drive the controversial “hot news” doctrine in court.

Google Adds More Words to List of Piracy Related Terms (Ubergizmo)
Google has added more words and websites to its list of piracy-related terms, including uTorrent, Bitorrent, and combinations of the word torrent.

Apple Wins Control Over ‘iPhone’ Porn Domain Names (CNET)
Apple has won its dispute with a domain name squatter and dropped the case after the domain name owner agreed to turn over the seven iPhone porn domain names.

Porn Company Sues ICANN Over .xxx Domain (The Wall Street Journal)
Manwin Licensing International, one of the largest purveyors of pornography on the web, filed suit against ICANN to block the new dot-xxx suffix on web addresses, alleging “monopolistic conduct, price gouging, and anticompetitive and unfair practices.”

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Filed Under: Anti-Piracy, Policy - Intellectual Property Tagged With: , ,
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