As an outcome of our partnership with Google, close to 4 million volumes digitized from UC library collections are held within the HathiTrust Digital Library, including many works that are in the public domain or long out of print. The digitization of these collections is a necessary foundation for 21st century scholarship, enabling richer discovery and engagement with the record of human thought found in books.
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Tag Archives: Copyright
Is using someone else’s copyrighted work always unlawful? Absolutely not. There are many circumstances where reproducing someone else’s copyrighted work is fair – more specifically, “fair use.” Examples of fair use include providing commentary, news reporting, academic research and scholarship, and even search engine interaction with copyrighted content.
Academic libraries across the United States and Canada are celebrating Fair Use/Fair Dealing Week 2017 this third full week of February. How will you be taking part in the celebration?
We at UCLA Library will be literally rocking out to a fair use performance of video game music as we close out our week of programs educating our community about the critically important role of fair use. Read on to learn more about fair use and how we have worked to plan these Fair Use Week events. (more…)
You’ve worked painstakingly for years (we won’t let on how many) on your magnum opus: your dissertation—the scholarly key to completing your graduate degree, securing a possible first book deal, and making inroads toward faculty status somewhere. Then, as you are about to submit your pièce de résistance through ProQuest’s online administration system, you are confronted with the realization that—for students at many institutions—your dissertation is about to be made available open access online to readers all over the world (hurrah! and gulp).
Because your dissertation will be openly available online, there are many questions you need to address—both about what you put in your dissertation, and the choices you’ll need to make as you put it online. If you are a first-time author, facing these concerns can be daunting to say the least. And you definitely don’t want to be thinking about them for the first time when you are scrambling to submit your dissertation to ProQuest. (more…)
Last week I wrote about data ownership, and how focusing on “ownership” might drive you nuts without actually answering important questions about what can be done with data. In that context, I mentioned a couple of times that you (or your funder) might want data to be shared under CC0, but I didn’t clarify what CC0 actually means. This week, I’m back to dig into the topic of Creative Commons (CC) licenses and public domain tools — and how they work with data. (more…)
Which of these is true?
“The PI owns the data.”
“The university owns the data.”
“Nobody can own it; data isn’t copyrightable.”
You’ve probably heard somebody say at least one of these things — confidently. Maybe you’ve heard all of them. Maybe about the same dataset (but in that case, hopefully not from the same person). So who really owns research data? Well, the short answer is “it depends.”
A longer answer is that determining ownership (and whether there’s even anything to own) can be frustratingly complicated — and, even when obvious, ownership only determines some of what can be done with data. Other things like policies, contracts, and laws may dictate certain terms in circumstances where ownership isn’t relevant — or even augment or overrule an owner where it is. To avoid an unpleasant surprise about what you can or can’t do with your data, you’ll want to plan ahead and think beyond the simple question of ownership. (more…)
This week UC Libraries join other organizations around the world in celebrating Fair Use Week, which honors the important doctrines of fair use in the United States and fair dealing in Canada and other jurisdictions. It’s a great time to learn about all the ways in which this important exception to the rights of copyright holders enhances our lives both inside and outside the university. (more…)
The University of California libraries applaud the ruling by the U.S. Second Circuit Court of Appeals that Google’s digitization of library collections, creation of search functionality, display of snippets, and provision of copies to its partner libraries are all non-infringing fair uses.
Newly revised UC Copyright and Fair Use Policy and UC Copyright website better support students and staff
The University of California has issued a revised systemwide policy on Copyright and Fair Use, replacing the 1986 Policy on the Reproduction of Copyrighted Materials for Teaching and Research and its accompanying guidelines. The revised policy, which became effective July 9, 2015, is a clear statement by the University in support of copyright law, including the principle of fair use. The UC Copyright website, which has more detailed information about copyright and fair use for members of the UC community, has also been revised. (more…)
Members of the UC community rely on the “fair use” provision of US copyright law every day when sharing articles or images with their students, or when quoting or excerpting others’ works to create their own scholarship. Fair use allows for limited copying of copyrighted works without the permission of the copyright owner. Under certain conditions, copyrighted works may be used for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research. Colleges and universities across the country began celebrating “Fair Use Week” in 2014 in order to explain, celebrate, and promote fair use. (more…)
The University of California recently received a takedown notice for 9 articles that had been uploaded by UC authors to eScholarship, UC’s open access repository.
- All 9 articles were published by the American Society for Civil Engineers (ASCE).
- None were recent articles covered by the new UC Open Access Policy. They were all uploaded between 2004 and 2008.
- All of them appeared to be the publisher-formatted PDFs. Authors signing ASCE’s unmodified publication agreement agree to only post an author’s version “after peer review and prior to copyediting or other ASCE production activities” to a repository. Additionally, authors posting their own versions are supposed to link to the final article’s location on ASCE’s site. Some of these articles had those links; others did not.
- The articles were from collections associated with three different campuses. Co-authors were at other campuses and non-UC institutions.
Elsevier recently sent DMCA (Digital Millennium Copyright Act) takedown notices to some UC campuses, claiming that the availability of certain Elsevier journal articles posted on university websites infringes Elsevier copyrights.
UC faculty might be wondering, what does this mean for me? Am I at risk of receiving a takedown notice and, if so, what should I do?
- At this point, the takedown action only applies to local campus web pages like department sites, faculty profiles, or lab pages. This action does not currently apply to any content you may have posted to UC’s eScholarship Repository. Read a recent article in the Washington Post on Elsevier’s takedown notice campaign. Elsevier has also been in the news for similar notices sent to academia.edu, a for-profit article sharing site.
- If you have not been notified by someone on your campus (e.g., a campus DMCA agent, someone in IT, etc.), your site is not currently the target of a takedown notice.