DigitalKoans

ALA's Association College & Research Libraries has made available a new ACRL Publications Agreements FAQ, which covers serials, book chapters, book editors, and podcasts.

The FAQ's statement about Creative Commons licenses and serials is of special interest:

We didn’t want to require our authors to publish their works using a Creative Commons license, but you are welcome to attach the CC license of your choosing to your work after it is published by ACRL. Visit the Creative Commons website (http://creativecommons.org/) to learn more about their licensing options.

This is welcome news, and ACRL is to be applauded for supporting the use of Creative Commons licenses.

It is very helpful to have a concise and clear explanation of ACRL's copyright and other publication policies regarding serials, and the information about book chapters, book editors, and podcasts is very helpful as well. It would be highly desirable for other ALA divisions to follow ACRL's lead in this matter.

Note that ACRL's copyright forms are on the ACRL Forms page.

The Associated Press has established a fee schedule for the use of excerpts from its articles by bloggers and others. There are different fees for standard, educational, and nonprofit use, but all fees are based on word counts. For example, the free for nonprofit use of 5-25 words is $7.50.

In "Associated Press Declares War on Bloggers, Fair Use," Public Knowledge blogger Mehan Jayasuriya says:

That’s right, if you want to quote an AP article in your blog post, you’ll be paying by the word for the privilege. What’s more, in order to purchase a license to quote AP content, you’ll have to agree to a Terms of Use agreement, which states, among other things, that you may not criticize either the AP or the author of the article in your post or article. If you do, the AP reserves the right to revoke the license granted.

The problem with the AP’s licensing structure is that it ignores existing fair use rights, which clearly state that a short quotation from any news story is fair game. . . .

Blogger Michelle Malkin decided to calculate, using the AP’s licensing structure, how much the AP owes her for quotations it has used from her blog posts in recent months (it’s also worth noting that the AP did not link to her blog in the articles where these quotes were used). By Malkin’s count, the AP owes her somewhere in the neighborhood of $132,125.

Starting with its just released third issue, the Code4Lib Journal is using the Creative Commons Attribution License for its articles, making this freely available journal an open access journal under the strictest definition of that term (sometimes called "full open access").

Here's an excerpt from the editorial that discusses this change:

In order to facilitate the ability of our readers to build upon the ideas presented in the Journal, beginning with Issue 3 all articles are licensed under the Creative Commons Attribution (CC-BY) license. The CC-BY license lets you reuse, share, and build upon the work presented in the article, as long as you credit the author for the original creation. This licensing is required for inclusion in the Directory of Open Access Journals (DOAJ) and to receive a SPARC Europe Seal. Code snippets included in the text are included under the CC-BY license. For other code included with an article, we recommend, but don’t require, an open source license. We are contacting all authors with articles published in previous issues to request they license their previously published Code4Lib Journal articles under the CC-BY license.

Google has created a zipped XML file of the U.S. Copyright Office's renewal records from that agency's digital records combined with records created by Project Gutenberg and Distributed Proofreaders, which were based on Copyright Office records scanned by the Universal Library Project.

After a firestorm of criticism, the Associated Press has issued a press release saying that its dispute with the Drudge Retort over that blog's use of short quotes from AP stories is over: "Both parties consider the matter closed."

Read more about the controversy at "AP Battles Blogs"; "AP, Bloggers Clash over Wire Content Use"; "AP Exaggerates the 'Conversation' It's Having with Bloggers; Caught Copying Text from Bloggers as Well"; "The A.P. Has Violated My Copyright, and I Demand Justice"; "The Associated Press Plays Role of Metallica in Napster-esque War with Bloggers"; and "Biting the Hand that Feeds (Traffic to) Them."

The Associated Press has sent the Drudge Retort a DMCA take-down letter demanding that 6 posts and one comment with short quotes from AP articles be removed from the site.

Negative reaction from bloggers and others against what was viewed as an assault on fair use was swift, resulting in a TechCrunch ban on AP story use, a broader AP ban by bloggers, and a wave of criticism.

As a result, AP decided to halt further action against other Weblogs until new guidelines could be established, but it has not withdrawn its letter the Drudge Retort.

Read more about it at: "Associated Press Digs Its Own Grave Deeper; Wants to Create Its Own Fair Use Rules," "The Associated Press to Set Guidelines for Using Its Articles in Blogs," "AP Rethinking Policy After Drudge Retort DMCA Takedowns," "AP Takes Action against Community News Website over Copyright Violation," "AP Wants Change in Blog Excerpting, Just Not Sure What," "DMCA Takedown Tiff Not a Battle the AP Should Be Fighting," "Netroots' Bloggers Boycott of Associated Press Is Working," and "Welcome to the Web Refactory, AP."

There have been strong reactions to the "Canadian DMCA" (Bill C-61) by both advocates and opponents. Copyright for Canadians has put up a "Tell MPs What's Wrong with the Prentice Bill" page that helps opponents contact their Members of Parliament.

Here's a selection of articles and posts: "Appropriation Art Condemns Bill C-61," "Bill C-61: First Reactions," "Canadian Creator and Music Industry Groups Applaud Introduction of Copyright Bill," "The Canadian DMCA: A Betrayal," "Canadian Library Association Disappointed with New Copyright Legislation," "CIPPIC Disappointed with New Copyright Bill," "CMCC: Copyright Reform Bill Doesn’t Help Canadian Artists," "Conservatives Deliver Rehearsed Responses on Bill C-61," "Copyright Law Could Result in Police State: Critics," "Copyright Reform a Good First Step," "Industry Group Applauds Bill," "Software Industry Praises Federal Government Plans to Modernize Canadian Copyright Act," and "TPM and Bill C-61."

The Association of Research Libraries has released a useful 10-page summary of current U.S. orphan works legislation, which includes a discussion of public university and state sovereign immunity issues.

The Canadian Industry Minister Jim Prentice has introduced Bill-C61, often called the Canadian "DMCA" by its critics, into the House.

Read more about it at "A Breakdown of the New Digital Dos and Don'ts," "Canadian DRM Bill Creates Partisan Uproar," "'Canadian DMCA' Brings 'Balanced' Copyright to Canada," "The Canadian DMCA: Check the Fine Print," "Copyright Bill: All Ours, or a DMCA Copy?," "David Fewer Of CIPPIC On Canadian DMCA Bombshell" (includes video), "Industry Minister Jim Prentice Introduces The Canadian DMCA" (includes video), "New Copyright Act Targets Online Piracy," and "Ottawa Tables Copyright Bill."