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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.
The Google Book Search Settlement Agreement was rejected by Federal Judge Denny Chin on March 22, 2011. Judge Chin concluded that the Agreement was not “fair, adequate, and reasonable,” per legal standards. He suggested that an “opt-in” settlement, rather than the proposed “opt-out” arragement, might ameliorate objections. The full decision can be found here.
Read the UC Libraries Statement regarding the federal court decision on the proposed Google Books Amended Settlement Agreement below. (more…)
In August 2006, the University of California became the sixth library to partner with Google to digitize volumes from UC’s extensive print collections as part of the Google Book Search Library Project. In October 2008, Google announced a settlement of a class action lawsuit by the Authors Guild of America and a separate suit by representative members of the Association of American Publishers, both of which sought to bar Google from scanning copies of in-copyright books held in the collections of major U.S. libraries. A court hearing on the settlement, which must be approved by the courts in order for it to take effect, is scheduled for October 7, 2009.