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IP-Watch Interns Summer 2013

IP-Watch interns Brittany Ngo (Yale Graduate School of Public Health) and Caitlin McGivern (University of Law, London) talk about their Geneva experience in summer 2013. 2:42.

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4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Quantitative Analysis Of Contributions To NETMundial Meeting

A quantitative analysis of the 187 submissions to the April NETmundial conference on the future of internet governance shows broad support for improving security, ensuring respect for privacy, ensuring freedom of expression, and globalizing the IANA function, analyst Richard Hill writes.


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    US Court Rules On Fair Use For Blind Users, Digitisation, Amid Treaty Talks

    Published on 19 October 2012 @ 4:54 pm

    By for Intellectual Property Watch

    Coinciding with the marathon negotiations at the World Intellectual Property Organization for a potential treaty for the visually-impaired persons, a United States court handed down a ruling this month that goes in favour of copyright exceptions in the digitisation of books for the purposes of preservation, text search and access for the blind.

    [Update:] Authors Guild Appeals Loss in HathiTrust Book Scanning Case

    In a decision [pdf] penned on 10 October by Federal District Court Judge Harold Baer, Jr. of the Southern District of New York, the five American universities that are leading the cutting-edge HathiTrust project have won in the copyright infringement suit filed on 12 September by the Authors Guild, the Australian Society of Authors, the Union Des Écrivaines et des Écrivains Québécois (UNEQ) and eight individual authors.

    The five university defendants are University of Michigan, University of California, University of Wisconsin, Indiana University and Cornell University. The HathiTrust partnership, which counts the five universities as members, is working to establish a repository to archive and share the digitised collections of partner institutions.

    Judge Baer ruled that the digitisation efforts of the universities, particularly for purposes of full-text searches, preservation and access for people with print disabilities, are permitted under the doctrine of fair use, a limitation to copyright codified in Section 107 of the US Copyright Act. The section lists four factors for the courts to consider in determining whether a particular use is fair or not.

    “The enhanced search capabilities that reveal no in-copyright material, the protection of defendants’ fragile books, and, perhaps most importantly, the unprecedented ability of print-disabled individuals to have an equal opportunity to compete with their sighted peers in the ways imagined by the ADA (Americans with Disabilities Act) protect the copies made by defendants as fair use…,” read the decision.

    The decision also noted that the digitisation efforts of the universities make for “transformative use,” supporting the copyright limitation defence, because the copies “serve an entirely different purpose than the original works” and “the purpose is superior search capabilities rather than actual access to copyrighted material.”

    Further, the court agreed that print-disabled individuals using the digitised services of the schools comprised a “tiny minority,” and hence the commercial intent of the project is “almost impossible to fathom.”

    The decision did not touch on the orphan works (for whom the copyright owner cannot be found) component of the HathiTrust project, but is seen by stakeholders as providing an insight on a separate slow-moving lawsuit filed by the Authors Guild against Google for the search engine’s Google Book Search Service. The five universities have agreements with Google, allowing the latter to create digital copies or works in their libraries.

    Several academics and organisations have already released statements on the decision such as the Electronic Frontier Foundation, here, and James Grimmelmann of the New York Law School, here.

    For one, Prof. Kenneth Crews of Columbia University in a post for the Copyright Advisory Office of the school wrote that the ruling is “enormously important for the continued vitality of HathiTrust,” with the opinion of Judge Baer offering “an analysis of fair use that will be helpful in the evaluation of many future projects, especially in the context of libraries, education, and research.”

    Maricel Estavillo may be reached at maricelestavillo@gmail.com.

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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