Member Alert Update: TAA joins coalition opposing ‘Controlled Digital Lending’

TAA has joined nearly 40 national and international organizations in an appeal to librarians and readers to discontinue a practice called “Controlled Digital Lending (CDL)”, an initiative started by the Internet Archive that supports libraries in making unauthorized digital copies of print books to distribute to readers online.

The joint statement, released by the groups on February 13, calls CDL “a flagrant violation of copyright and authors’ rights”, and appeals “for a dialogue among writers, authors, publishers, and librarians on how to enable and create the digital libraries we all want, in ways that fully respect authors’ rights.”

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Copyright basics: Another layer of rules for scholars

In a recent TAA webinar, Stephen E. Gillen, a lawyer with more than 40 years of experience in and around the publishing business, and author of the book, Guide to Rights Clearance and Permissions in Scholarly, Educational, and Trade Publishing, shared critical information about copyright law, rights clearance, and permissions.

During the session, Gillen introduced an additional layer of rules for scholars, specifically focused on academic integrity.

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Understanding Creative Commons licensing

Whether you are publishing open access articles, working on open textbooks, or simply securing images for use in your manuscripts, chances are you will encounter the Creative Commons licensing model at some point.

Creative Commons (CC) licensing is a set of copyright options that allow for the retention of rights without maintaining the “all rights reserved” approach to traditional copyright protections. There are six forms of CC licenses, each with varying restrictions, and all requiring attribution to the original creator: CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND.

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How to avoid the need to secure permission

Maybe it was something you saw in a magazine or at a bookstore. Maybe it was something you saw online. Maybe it was something that caught your eye in a grant application or proposal…a good idea in poorly skilled hands seemingly not up to the task. In any event, wherever you first saw it, it inspired you to develop and publish your own article or book on the subject.

Anyone who has worked in an intellectual or creative endeavor knows that many new works build to one degree or another on the earlier work of others. But getting a head start by leveraging the intellectual work product of another is potentially problematic. When does inspiration cross over into infringement or a breach of scholarly integrity? The lawyer’s answer is: it depends.

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4 Factors to determine fair use of a copyrighted work

In his webinar, “Fair Use or Infringement in 2018, and Other Current Copyright Issues”, Ken Norwick, author of The Legal Guide for Writers, Artists, and Other Creative People reminded participants that the purpose of copyright is “to give creators an incentive to create”.

The U.S. Constitution states that the purpose of copyright is “to promote the progress of science and useful arts”, said Norwick. However, in order to progress, he said, there must be a level of fair use of the creations that came before. Four factors exist in determining whether a use is qualified as fair use and thus not an infringement on copyright, said Norwick.

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