Copyright and Mass Digitization

Output Type: Book Revie

If Mass Digitization Is the Problem, Is Legislation the Solution? Some Practical Considerations Related to Copyright

Copyright law is intended to be "technology neutral." Despite that, technological development is clearly putting pressure on certain aspects of copyright. Readily available technological tools make digital copying and distribution simple and seamless. This can make the legal "obstacles" to the full use of those tools resulting from the need to comply with copyright seem inconvenient and archaic. In particular, the issues arising in connection with mass digitization projects, where compliance can require identifying and locating large numbers of copyright owners and seeking appropriate permissions, are complicated. We hear often about the potential benefits that could be derived from mass digitization projects; we hear less often about some of the risks they may create. But the widespread interest in facilitating such projects, at least for certain purposes, is clear. Collective licensing schemes may be one way to accomplish that; targeted exceptions to copyright may be another. Either may require making changes to current copyright law

COPYRIGHT LAW—UNFAIR USE: UNIONIZING CONTENT CREATORS THROUGH LEGISLATION TO SOLVE THE PROBLEM OF MASS DIGITIZATION

Mass digitization is the way of the future. Universities, businesses, and private collectors are taking entire libraries, scanning them onto computers, and making searchable documents. This makes out-of-print works accessible to brand-new audiences, gives researchers new tools for studying language usage over time, and allows passages from books to be found in search engine results. Google and the Authors Guild just finished a decade-long court battle in the Second Circuit over whether Google’s “Google Books” project—an undertaking which has mass digitized thirty million books to date without getting prior permission from individual authors—is a legally permissible endeavor. Google won. But that’s not the end of this story. The Second Circuit determined that Google Books was permissible under the fair use doctrine, but this decision did not and cannot adequately serve as the final authority on mass digitization projects. This decision disrespects the needs of authors, which in turn disrespects the needs of the public. Congressional legislation must be enacted to regulate mass digitization. It is the only way we can ensure that authors, mass digitizers, and the public alike have their interests represented. This Note argues that Congress should pass legislation utilizing a framework already formulated by the Copyright Office. Legislation would create Copyright Management Organizations, which would negotiate directly with mass digitizers on behalf of individual copyright holders for licensing fees to use their works. Congressional action would warm the frosty climate that stifles digitization efforts. This Note proves this assertion by examining the success of similar schemes both domestically and internationally, in both the public and private sectors

Session 3: To What Extent Should Libraries Be Permitted to Engage in Mass Digitization of Published Works, and for What Purposes?

Transcript of a symposium held at Columbia University about the legality of libraries digitizing published works and the purposes and potential consequences of libraries doing this. Focuses on section 108 of the copyright law as it pertains to mass digitization

Access and Preservation in Archival Mass Digitization Projects

[Excerpt] In 2014, the Dalhousie University Archives began its first archival mass digitization project with the Elisabeth Mann Borgese fonds. The successful completion of this project required the project team to address both broad and specific technical and intellectual challenges, from rights management in an online access environment to the durability of the equipment used. To best understand the challenges faced, there will first be a brief introduction to the fonds and project goals of balancing preservation and access before moving on to a discussion of these challenges in further detail, and finally, concluding with a discussion of some considerations, best practices, and lessons learned from this project

Benson Snippets: Digitized Copies of Books from Latin American Collection Appear Online

Latin American Studie

Non-display uses of copyright works: Google Books and beyond

Copyright @ 2011 The AuthorsWith the advent of mass digitisation projects, such as the Google Book Search, a peculiar shift has occurred in the way that copyright works are dealt with. Contrary to what has so far been the case, works are turned into machine-readable data to be automatically processed for various purposes without the expression of works being displayed to the public. In the Google Book Settlement Agreement, this new kind of uses is referred to as “non-display uses” of digital works. The legitimacy of these uses has not yet been tested by Courts and does not comfortably fit in the current copyright doctrine, plainly because the works are not used as works but as something else, namely as data. Since non-display uses may prove to be a very lucrative market in the near future, with the potential to affect the way people use copyright works, we examine non-display uses under the prism of copyright principles to determine the boundaries of their legitimacy. Through this examination, we provide a categorisation of the activities carried out under the heading of “non-display uses”, we examine their lawfulness under the current copyright doctrine and approach the phenomenon from the spectrum of data protection law as could apply, by analogy, to the use of copyright works as processable data

Striking a Balance Between Physical and Digital Resources

In various configurations—be they academic, archival, county, juvenile, monastic, national, personal, public, reference, or research, the library has been a fixture in human affairs for a long time. Digital — meaning, content or communication that is delivered through the internet, is 20 years old (but younger in parts). Basically, both approaches to organizing serve to structure information for access. However, digital is multiplying very fast and libraries all-round contemplate an existential crisis; the more hopeful librarians fret about physical and digital space. Yet, the crux of the matter is not about physical vs. digital: without doubt, the digital space of content or communication transmogrifies all walks of life and cannot be wished away; but, the physical space of libraries is time-tested, extremely valuable, and can surely offer more than currently meets the eye. Except for entirely virtual libraries, the symbiotic relationship between the physical and the digital is innately powerful: for superior outcomes, it must be recognized, nurtured, and leveraged; striking a balance between physical and digital resources can be accomplished. This paper examines the subject of delivering digital from macro, meso, and micro perspectives: it looks into complexity theory, digital strategy, and digitization

Strategies for Implementing a Mass Digitization Program

[Excerpt] In 2007, OCLC published the report Shifting Gears: Gearing Up to Get Into the Flow to bring to the forefront a much needed conversation about digitization of archival collections, and access to the rich content accessible only through paper or other analog formats. The authors emphasized that any successful large digitization program would focus on access and quantity. They challenged archivists to rethink policies, procedures, and technologies that either slowed the process of mass digitization, or were unfriendly to the implementation of a rapid capture program. Recent articles, blog posts, and columns demonstrate that we as a profession continue to grapple with ways to implement digitization programs that are both sustainable and efficient. The strategies offered in this paper highlight a practical program for the mass digitization of organizational archival records using a rapid capture process that is replicable regardless of the size or resources of the repository. It will review the establishment of a rapid capture workflow at the University of Minnesota Archives; provide details on how it functions, including equipment information, scanner settings, and workflow procedures; explain the selection process for scanning; describe how it has helped to create inreach opportunities; and finally, examine how it has changed not only daily operations, but the perspective on what it means to provide broad access to the collections

Building a Collaborative Digital Collection: A Necessary Evolution in Libraries

Law libraries are losing ground in the effort to preserve information in the digital age. In part, this is due declining budgets, user needs, and a caution born from the great responsibility libraries feel to ensure future access instead of selecting a form that may not survive. That caution, though, has caused others, such as Google, to fill the silence with their vision. Libraries must stand and contribute actively to the creation of digital collections if we expect a voice in future discussion. This article presents a vision of the start of a collaborative, digital academic law library, one that will harness our collective strengths while still allowing individual collections to prosper. It seeks to identify and answer the thorniest issues - including copyright - surrounding digitization projects. It does not presume to solve all of these issues. It is, however, intended to be a call for collective action, to stop discussing the law library of the future and to start building it