Archive for the 'Copyright' Category

Data and CC licenses: I’m confused

Posted in Copyright on January 30th, 2012

I’ve been seeing a number of discussions of the most appropriate Creative Commons license to use when putting data online…with CC0 (that is, explicit assignment to the public domain) seeming to be the favorite.

And I’m confused.

At least in the United States, I’ve always been led to believe, data is not copyrightable.

I know that facts are not copyrightable, just as ideas are not copyrightable. Only creative expressions are copyrightable.

Data is facts.

So why would you need to assign a Creative Commons license–the only function of which is to loosen restrictions on copyright you’re presumed to hold–for something that’s not copyrightable?

One could even argue that assigning a CC license to data is copyfraud, as it carries the implicit notice that what it’s assigned to is indeed subject to copyright.

Yes, I know, the laws are different in different countries. But, to the best of my knowledge, CC licenses are country-specific, partly for that reason. Is CC0 universal? Can it be?

What am I missing?

Is CC0 an attempt to waive (conceivable) copyright in the arrangement of data within a database? (Supposedly, if that arrangement is in itself creative, it could be subject to copyright.)

Am I missing something else?

Just a thought…

Talking About the Public Domain

Posted in Copyright on July 24th, 2011

Ah, the public domain: Where creative work is supposed to wind up after a limited period during which the creator has exclusive control over distribution and copying. An ever-growing pool of literature, music, photography, video and art that we can use not only as inspiration but also as the direct basis for new works, annotating, deriving or just plain redistributing.

What a wonderful thing.

Too bad it’s basically been frozen for quite a few years now, with almost nothing new entering the pool (except government publications—which start in the public domain) and things tagged with the Creative Commons CC0 license. Oh, and probably a few cases where a creator’s been dead more than 70 years and has works produced since 1923.

Not only has it been frozen in the U.S., there are laws and treaties that would appear to shrink the public domain pool—which should, by any rational reading of the Constitution, be flatly unconstitutional.

For the rest of the story… or read it as part of Cites & Insights 11:7.

New life for fair use?

Posted in Copyright on July 26th, 2010

Just a quickie, but this one’s too good to pass up.

Every three years, the Copyright Office considers exemptions to DMCA (it’s part of the law).

This time, there were some fairly dramatic exe,ptions–ones that allow circumvention of DRM (in some cases) to protect fair use rights–oh, and for ebooks, read-aloud features.

There’s also a provision that allows circumvention in order to unlock a cell phone. Ars Technica views that as a big loss for Apple. I’m not going to go there at all (the AT story is a good overview; I think it has an unfortunate headline, since that’s really not what most of the exemptions are about).

Interesting stuff. It’s been a while since fair use had any wins…

MP3 Doesn’t Have DRM–Or Does It?

Posted in Copyright, Media on April 19th, 2010

One of the great steps forward for fair use and first-sale rights came last year, when iTunes finally stopped selling DRM-encased tracks and started selling DRM-free MP3 (or its direct, DRM-free, AAC equivalent).

“DRM-free MP3″ is redundant, right? The MP3 format doesn’t allow for DRM, right?

Right…at least not now, at least not directly.

A Digression

DRM gets a bad rap. Actual Digital Rights Management can–or could–be valuable, in situations (which pretty much every library is familiar with) where access to digital resources is based on the user’s rights. Most of the time, in practice, those rights are understood indirectly: If you have access to a campus network for an appropriate definition of “access,” for example, you’re assumed to have rights to the databases the library licenses–and similarly for public libraries, if you’re either standing at a library computer or you can demonstrate (over the internet) that you’re a library patron. But the rights management could be more complex; you could have a digital signature that identified all the ways you might have rights to use various digital resources.

But most of the time, when we talk about DRM–especially as it relates to copyright–we’re talking about what I call Digital Restrictions Management: Basically, reducing or eliminating your fair use and first sale rights in digital resources that you think you’ve purchased.

The funny thing about that kind of DRM is that it has never done much to stop The Bad Guys, those who are out to pirate copyright material. They either have other methods to get access to non-DRM resources or they break the DRM. DRM mostly damages the innocent, people who want to device-shift or maybe use legitimate excerpts from something. So it’s hard not to cheer the move away from DRM in music…noting that audio CDs never had DRM. (Yes, there were silver discs with DRM; no, they weren’t legitimate Audio CDs. The Red Book, the key license for all audio CDs, does not allow for DRM.)

End of digression.

“At least not directly?”

Yep. Read this story in TechCrunch.

Seems that the tracks you buy from iTunes–or from LaLa or Walmart–have personal information embedded in the MP3. The post shows an example.

Who cares? Well, read the quoted section.

If you’re really paranoid, consider the possibilities: Could iTunes scan your library and delete any files that don’t have the right username?

Seems unlikely, but…

Maybe no more unlikely than, say, Amazon deleting an ebook from your Kindle…

Updated 4/23/10, to remove idiot error in post title. Odd that nobody called me on that!

Restored copyright? Querulous comments on early Hitchcock

Posted in Copyright, Movies and TV on July 6th, 2009

A couple of days ago, on Walt, Even Randomer, I posted a set of desultory reviews of the fourth and final DVD of Alfred Hitchcock: The Legend Begins.

Sidebar: One eccentric feature of this blog used to be the “treadmill movie reviews,” brief reviews of movies from Mill Creek Entertainment’s multidisc packs viewed while I was exercising. I’ve reviewed a little more than 300 movies over several years. In moving to this more august site, I left the reviews behind and am not posting new ones here; that’s one of few things still being posted on Walt, Even Randomer. The treadmill’s gone as well–RFI problems and other reasons–but the movies remain.

You can go to that blog for the reviews, such as they are–and you’ll find a compilation of all four discs in a future Cites & Insights. The reviews aren’t the theme of this post.

Legitimate?

That’s the hook here: Was I watching a legitimate packaged set of old movies or is this set “dodgy”?
A couple of key points up front:

  • I am not a lawyer. I’m interested in copyright and have written about it, but always from a semi-informed layperson’s point of view. Let me say that again: I am not a lawyer. This is not legal advice.
  • Mill Creek Entertainment, successor to TreeLine Films, has been around for a while. The company–a division of Digital1Stop–has a street address. It is possible to contact them. The Hitchcock set’s been for sale for at least two years, through such obscure distributors as Amazon.

Anyway…
When I posted my off-the-cuff reviews for Disc 1, one of my online correspondents from the UK objected strongly–that these movies were not in the public domain and that Mill Creek wasn’t a known licensee. The post came from someone I respect, but I had to edit the comment, as it made legal claims I wasn’t going to get in the middle of.
On the other hand, the post did alert me to something I’d never heard of before: Copyright restoration. Apparently, thanks to the wonders of international treaties, some UK material that was definitely in the public domain within the U.S. (and maybe even in the UK) had copyright restored retroactively–with a clause allowing distributors, who had released the PD material in good faith, to sell out existing stocks for a year after being notified by copyright-holders that the works were now once again protected.
So, well, other than saying “that’s appalling if true”–as it seems to violate not only the spirit of U.S. law but also the Constitutional basis for copyright–I could only fall back on the second point above: The material’s being sold openly by a legitimate company with a known U.S. address; if there’s a problem, it’s up to the copyright-holders to address it.

But wait! There’s more!

More recently, I heard about Golan v. Holder, a case in the U.S. District Court for the District of Colorado, decided on April 3, 2009.
Briefly, the 10th District Court found that the copyright restoration (Section 514 of the Uruguay Round Agreements) was unconstitutional.
Which would appear to put these movies (back?) in the public domain. At least for now. At least in the 10th district.
Subject to appeal, of course. And to possible new Congressional acts–but it’s getting a little tougher for Congress to keep imposing longer and tougher copyright in the assumption that nobody’s looking.

Why the licensees might step back

I don’t believe it should be legitimate to restore copyright in materials that legally, properly fell into the public domain. I believe copyright is too long in the U.S. anyway–and this particular restoration means that materials created by non-U.S. citizens actually have an advantage over U.S. creations, within the U.S. (The act didn’t restore any native-U.S. materials to copyright.) That also seems odd.
But there’s another issue to consider–namely, that for movies, at least, proper license holders with actual access to original materials shouldn’t worry too much about public domain versions. Why?
Because the license holders can offer something the PD vendors can’t: Fully-restored DVDs created from the masters, rather than from whatever prints happen to be available. The movie may be in the public domain, but the masters continue to be the physical property of whoever owns them.
Having watched the Mill Creek set of 18 movies, 2 TV episodes, and 19 trailers (the 19 trailers being one of the most charming aspects), I would think that any true Hitchcock enthusiast would spend the $156 extra to get the “proper” versions of ten of the 18 movies from Criterion, Lions Gate or MGM after spending the $8 for this set. You’d presumably get better print quality, extras and expert commentary. (Not that these prints are all terrible–most of them are actually pretty good.)
Would I pay the extra money? No, because I’ve realized I’m never going to be a great fan of early Hitchcock. But I wouldn’t have paid that money anyway–and at least I’ve been exposed to some interesting flicks I’d have never heard of otherwise.

Cites & Insights 8:8 available

Posted in Cites & Insights, Copyright, Libraries on July 18th, 2008

Cites & Insights 8:8, August 2008, is now available. The whole issue is PDF, but individual essays are available in HTML from the C&I home page or the article links below.

The 28-page issue includes:

  • ©4: Locking Down Technology – A number of skirmishes in the ongoing battle for full copyright maximalism, including strange lawsuits and even stranger threats.
  • Perspective: On Numeracy, Naivete, Google & Pew – Did your newspaper say that Pew says 21% of atheists believe in God? Read on…
  • Library Access to Scholarship – A range of interesting items, one newsworthy–and, by the way, the PALINET Leadership Network has a brand-new cluster on open access.
  • Making it Work – A slew of comments on possibility and reality–or, if you prefer, pragmatism.
  • Retrospective: Pointing with Pride, Part 4 – A few gems, including “Living with Contradictions” from way back in 2001.

When did creative work become worthless?

Posted in Books and publishing, Cites & Insights, Copyright, Writing and blogging on June 15th, 2008

Yes, the post title is an overstatement–but the situation described below struck me as peculiar enough to deserve a little hyperbole. It relates to Balanced Libraries: Thoughts on Continuity and Change and three posts (and related comments) on two liblogs. The posts and comments all happened in late May, while I was incommunicado (on vacation and only checking work-related email once every couple of days at fairly high shipboard internet prices).

Before getting to the posts and comments, I want to be very clear about one thing: This is not about rejecting negative criticism.

To drive that point home, I was doing some ego-Googling (which I rarely do, although not for lack of ego) and encountered a terse review of Balanced Libraries that I hadn’t seen earlier. The review appeared on Goodreads and was written by Jack (I think you have to join Goodreads to find out who Jack is). Here’s the review, in full:

“Generally just classic Crawford: long-winded, rambling, reactionary rhetoric. “

My comment? That’s an honest opinion stated clearly and presumably after reading the book. I have no problem with it.

But this other combination is something else–not a negative review of the book (which I’d link to or quote) but, well, something else.


It begins with “Where Are Blogs Bred? In the Heart Or In the Head?,” posted by Keith Kisser on May 27, 2008 at The Invisible Library (http://sanchezkisser.com/blog/). Kisser recently published a science fiction novel, The Machine of the World, on Lulu, and was searching Amazon to see whether it showed up yet. It hadn’t (and still hasn’t, which is odd); instead, he found Balanced Libraries,where I’d quoted from one of his blog posts. (The post favored Netflix-style library service and included a charming statement ending in “time to wait for the dinosaurs to die off.” You’ll find it in Kisser’s archive on December 8, 2006.)

Kisser doesn’t comment on the book itself or the context for the quotation, since he hadn’t read it. But he does have opinions about having a blog post show up in a book. Some of what he says:

But one thing I am, is uncertain about how I feel about being cited in this or any other book. At first go, it’s a little flattering to have my opinions taken into consideration, even if, as I gather from the few pages I’ve read online, …Walt Crawford is criticizing me. That’s fine. Healthy debate is great and I’m a big boy and can handle it. But what remains uncertain at this point (because again, I haven’t read the whole book yet) is the context…

The thing is, my blog is a rough draft of ideas that are constantly changing and evolving. Some library blogs are more academic (i.e. judiciously worded) and take topics at a more in-depth, analytical perspective. I do that sometimes but I’m not above tossing off a half baked idea, contradicting myself later, or criticizing reactionary librarians or critics of libraries with impertinent language. It’s my blog and I’ll rant if I want to. And anyone is free to read, link or cite my words as they see fit. It’s a wide and woolly Internet and I neither hide my identity nor suffer the delusion that a blog is somehow a private forum. If you can read it on the Internet, it isn’t private or secret.

But just how public and in what capacity a blog, any blog is, has yet to be defined…. [Notes that his blog ranges widely...] You see the problem here? In which context was my post cited? Is it Academic Librarian Keith being cited or Geek Keith? Maybe it’s Slightly Sleepy and a Little Cranky with a Side of Silly Keith?…

Blogs are still too new to have a defined space in the academic world…. How do you treat blogs? As Journals or diaries? Thy can be both and at the same time. It’s nutty. And confusing, And wonderful. But mostly confusing.

I’d challenge some of the last two paragraphs

  • I think we’re long past the point where “how public…a blog is” has yet to be defined. An open blog–one anybody can reach (as opposed to some LiveJournal blogs and other protected blog) is a series of publications. It’s public. Each post is a publication. People have been quoting from blog posts in articles and books almost since there have been blogs. For that matter, it’s fair to assume that a lot more people will read Kisser’s post as quoted here or in Cites & Insights than will read it as quoted in Balanced Libraries, since it’s wildly unlikely that I’ll ever sell 1,500 to 2,500 copies of the book (roughly the average daily readership here and typical first-two-months readership for C&I).
  • I provided date and address for the post, as I did for all quoted posts. That allows any reader to find the context–typically a lot more easily than they could find the context for a quotation from print, where the reader might or might not have access to the original. I quoted Keith Kisser talking about library services; it’s not up to me to guess “which Keith Kisser” was writing the post. I’m prone to changing opinions and issuing rough drafts here as well–but I know that, once posted, they’re published statements suitable for citation.
  • “Academic world” is a red herring, since Balanced Libraries isn’t an academic work and I’m not an academic.

Actually, I was a little astonished that, in 2008, someone would be questioning the appropriateness of quoting from a blog post in more formal literature. That train left the station a long time ago, and I really don’t think there ever was a question. (People have been quoting elist posts in formal literature for many, many years, and that’s never been much of an issue either, as long as the elists are public.)

The first commenter, Jenny, thought it was great that Kisser was cited in a book. In part:

Does it really matter in what context you were cited? Someone took an idea you blogged about because it sparked an idea they had and ran with it. Isn’t that part of the point of a blog? To create wider discourse? And, even if Crawford did use your blog entry out of context at least you’ll always have something to rant about at dinner parties.

To which Kisser responded:

True. Though I’m less concerned about how he quoted me in particular and more interested in the idea of blogs being quoted in a scholarly paper as a general concept. I’ve also found out more about the circumstances of this citation in particular. I’ll have an update soon.

Somehow Balanced Libraries now shifted from being a book to being academic to being “a scholarly paper.” In any case, blog posts have showed up in formal refereed articles for years as well, so that general concept is also settled. Blog posts in non-pseudonymous blogs are signed publications.

I would have posted some of this as a comment–but, although comments do appear, Kisser later closed the post to comments, so that wasn’t possible. I might have left it at that, particularly since I really don’t think there’s any serious controversy about the public, citable, quotable status of public blog posts. (What part of “public” don’t you understand?)

But wait…there’s more!


On May 28, 2008 (the next day), Kisser posted “Not-So-Balanced Libraries.” He begins by noting that he’d wondered aloud “about the context of such citations and the weird gray area inhabited by blogs in the academic world.” (Again: My book isn’t academic and the area isn’t all that gray…but never mind.) He “did a little more research” leading to my website and a link to the book at Lulu.com. (The Amazon record he originally found isn’t for the Lulu edition, it’s for the CreateSpace edition–but, again, never mind.) And here’s where it gets interesting. Since this is all about me and I’m commenting on it, I do believe that fair use applies, so I’m quoting the rest of the post in full:

This in no way invalidates his book, or thesis, but neither does it really inspire much confidence. Let’s be honest–and this is coming from a fellow Lulu author–self published academic work tends to have a certain… charm, shall we say. It’s good to know others are getting their work out there independently and for all I know, Walt Crawford is the unsung, Tom Paine of the library world. But seriously, Walt, $29.50 for a paperback is bad enough but $20 for the download? Downloads are free. I could understand maybe asking for donations. Charging a buck or two is acceptable, if you want to be a dick. But $20 for a PDF is madness. Like, RIAA suing tween music downloaders for their parent’s retirement fund level of madness. Cory Doctorow explains why. Bad form, Walt.

The only thing worse than not making an ebook available (especially when self publishing the book on Lulu, where that option is free and as easy as clicking a single button) is charging such a ridiculous price for it. This is one of those really easy web 2.0 ideas that often get ignored by library administrators because they either can’t or won’t change their minds about access and distribution models. If charging people for ebooks is part of your idea of creating a balanced library, I’m not impressed. And neither am I willing to spend $30 bucks for some out-to-lunch academic’s pet project.

Well now. First he says that publishing through Lulu doesn’t inspire much confidence–and, frankly, I agree. If I didn’t already have a reputation (for good or for bad) through 12 traditionally-published books and a few hundred traditionally-published articles and columns, and through Cites & Insights, I would never have attempted the Lulu trick for a nonfiction book. “Walt Crawford” is the only real brand here, for better or worse.

I’m hardly the “unsung Tom Paine of the library world.” Kisser’s never heard of me. No reason he should have. But a few thousand others have–well, tens of thousands in the case of the Library 2.0 special.

“$29.50 for a paperback is bad enough but $20 for the download? Downloads are free.” Sez who? Cory Doctorow? I haven’t adopted Doctorow as a guru. The $29.50 price is, to put it bluntly, cheap for a 247-page trade paperback on current technological issues in the library field. Every similar work that I’m aware of costs at least $35, with one going for more than $100. But that’s not really the issue. The issue is whether an author is obliged to give away his or her work for free, as long as it’s in downloadable form.

Kisser seems to think that they are–”Downloads are free.” He even says that charging a buck or two is only acceptable “if you want to be a dick” and seems to equate my $20 price with RIAA’s infringement suits.

In the final paragraph, Kisser once again calls me an academic–this time an “out-to-lunch academic.” And somehow my belief that authors can request some compensation for their work (done on their own time) is “part of [my] idea of creating a balanced library.” I’ll cop to that: I don’t believe that balanced libraries set out to make authorship worthless, even though they can, do, and should provide free (prepaid via taxes or tuition) access to written materials. (I assume that the few dozen libraries that purchased Balanced Libraries circulate it, and would certainly hope so!)

This is, to put it mildly, bullshit. Writing a book is hard work. To assert that an author is at best clueless and at worst “a dick” or worse because the author doesn’t give that work away is insulting and offensive…and devalues creative effort. If an author wants to follow Doctorow’s approach, more power to them. That doesn’t make it the only correct or honorable approach. In fact, the whole “give it away so your true fans will buy other stuff” meme works badly for writers and even worse for niche writers.

Again, I would have protested directly on the blog–but again, although there are comments, comments are closed. So I would have commented in an essay on copyright balance about the dystopian notion that you’re obliged to give it away if it can be distributed digitally.

Except for the linked post and the comments on that post…


There’s really only one comment and a trackback, and the comment is from the person who wrote the blog post that’s tracked back: Aaron at SemiConscious Dot Org. (www.semiconscious.org). His May 29, 2008 post is entitled “Library 1.87” and is brief enough to quote in full:

What’s daffier than daffy?

Writing a book about the future of libraries (you know, those places where they lend books to people)… and then charging twenty dollars to download it.

Who out there has the pun, the barb, the eloquent poison-pen quip, to sum up the silliness of this situation in devastating fashion? Let’s hear ‘em. Seriously, I’m tapped out. I got nothin’…

I’ll admit that, until then, I was unaware that all other books about libraries were free in ebook form–that, somehow, writing about a place that lends books requires you not to charge for your book. There’s a logical chain there, but I’m too dim to see it.

“Keith” (presumably Kisser, but I don’t know that) noted that you could get an estimate of what the book actually costs to manufacture. Actually, you can get a precise figure. Keith mistakenly assumes that I’m dealing with retail markup because there’s an ISBN (there’s no ISBN on the Lulu edition) and says I’m “charging twice as much as the printed edition for a download” which he calls “a clear cut case of shenanigans.” Actually (and I got this wrong in my comment–Aaron’s blog does have comments open), my net proceeds come to $15.94 for the paperback version via Lulu (less via Amazon) and $16 for the download–a six cent difference, hardly “twice as much.” Am I overcharging for the paperback? Well, I’m charging less than the going rate for such books… As for “shenanigans,” since the prices are clearly stated, the costs are readily available, and nobody’s forcing anyone to buy the book, I can’t imagine what Keith has in mind.

Ah, but then there’s the capper, from “StaciB”:

Clearly, he’s writing for an incredibly gullible audience. Which tells me how little he knows about libraries and librarians in the first place. And just as clearly, he’s more interested in making money than in making sense. How about “Techno-twerp exploits self-defeating prophesy.”

See how we’ve progressed? Now it’s appropriate to attack me as “writing for an incredibly gullible audience” and I can’t know much about libraries or librarians–all because I’m asking to be paid for my work by those who wish to read it.

This is character assassination and I think it’s wildly inappropriate. StaciB doesn’t know who I am. None of them seem to be aware that I give away the equivalent of four typical books a year (in Cites & Insights), not to mention this blog, or that I have–I believe–reasonably well established that I know a little bit about libraries and librarians. Anyone who understands library publishing at all knows that, if I was “more interested in making money than in making sense,” the last thing I’d be doing is writing self-published books on librarianship–or even traditionally-published books! Speaking, column writing, consulting, greeting folks at Wal-Mart: All better paid gigs than the Lulu books are likely to be.

I did write a response to this post and the comments–and, again, I’ll quote it in full (it’s my work!), even noting that my “$13″ estimate was wrong…

I have a simple response for this post and the two comments: Nobody is requiring you or anyone else to buy either the download or the print book.

If you’re offended by a writer who actually hopes to have some small compensation for the effort involved in writing a book, so be it. I disagree. Nobody paid me to do this, done entirely on my own time. There’s no way I’m going to earn Big Bucks on a PoD book in librarianship. With a LOT of luck I might earn minimum wage for the time spent on the book…

Keith: No shenanigans. The Lulu edition doesn’t have an ISBN, only the Amazon/CreateSpace version. In fact, you can determine EXACTLY how much I’m receiving for the downloaded or print versions from Lulu itself (it’s about $13 for the print version, $16 for the download—I’d prefer that people buy the print version, but offered the download because people asked for it).

StaciB: I could refer you to those “incredibly gullible” librarians (such as John Dupuis and Pete Smith). For that matter, I could refer you to my dozen traditionally-published books in the library field (beginning with MARC for Library Use) to demonstrate how little I know about libraries and librarians. But, since it’s clear that I’m more interested in making money than in making sense (presumably why I’ve been giving away Cites & Insights for seven years now), I’ll just bow to your superior wisdom. It must be nice to be able to make such crack judgments about my knowledge and abilities with such utter clarity.

And that’s where it stands. Apparently, some folks believe that it is wrong for an author to ask for compensation for his writing. I disagree. I think it’s perfectly appropriate to give it away if that suits your needs. I think that, for a few people, giving away the downloadable version will sell the print version–and that’s great. (I gave away three chapters of Balanced Libraries, to be sure, but via Cites & Insights.) I’m fairly sure that, if the attitudes expressed here become universal, a whole lot of specialized writing just won’t get done, unless it’s by people who are otherwise sponsored.

Cites & Insights 8:6 available

Posted in Cites & Insights, Copyright, Libraries on May 15th, 2008

Cites & Insights 8:6, June 2008, is now available for downloading.

The 28-page issue is PDF, as usual, but (since My Back Pages is missing) all segments are also available as HTML separates at the Cites & Insights homepage.

The issue consists of:

Cites & Insights 7:8 available

Posted in Cites & Insights, Copyright, Libraries on June 28th, 2007

Cites & Insights: Crawford at Large v.7, issue 8 (July 2007) is now available for downloading.

The 26-page issue (PDF as usual, but essays other than My Back Pages are available in HTML form) includes:

  • Perspective: Pew Do You Trust? – “Pew Internet & American Life owes me an apology.”
  • ©1: Term and Extent – PermaCopyright and other extremes, including my Modest Proposal for permanent copyright for truly original works
  • Making it Work – Commentary on personal balance and library service balance.
  • Interesting & Peculiar Products – Six products (and product groups) and another six Editors’ Choices/Best Buy roundups.
  • Library Access to Scholarship – more of the “opposition literature” and notes about money.
  • My Back Pages – seven snarky little mini-essays, exclusive to whole-issue readers.

Two quick notes: This was all written before ALA Annual (but with some touchup work and copyfitting done this week)–and there’s nary a word about my own future plans.

Fair(y) use: Brilliant

Posted in Copyright on May 19th, 2007

I wasn’t planning any posts this weekend–I have a biggie coming up Monday–but, geez,

this is just brilliant.

Go watch it.

YouTube, Viacom, Safe Harbor and the Big Media Bait-n-Switch

Posted in Copyright, Media, Movies and TV on March 16th, 2007

A quick post because a C&I copyright essay’s not likely for at least a month or two…and because today’s SF Chronicle TV column leaves out crucial things, not at all surprising given the writer’s predilections.

Admission up front: I’m no fan of Tim Goodman. We had a great local TV commentator before Hearst bought the Chron. The great TV writer retired. We’re left with…well, Goodman.

Today’s piece is about who’s “right” in the Viacom infringement suit against YouTube. And, big surprise, Goodman says there’s no question: Viacom’s right, YouTube’s wrong, fair use isn’t even an issue. Because, you know, Viacom produces all that Content, while YouTube does nothing but distribute. By implication, nobody watches anything on YouTube except clips pilfered from Big Media productions.

On its own, it’s a seriously muddled column. He says, and I agree, that most people are going to watch most shows on TVs and get them from traditional sources for a very long time to come–that most people don’t much want to watch long-form video on handhelds or cell phones or even PCs. Which, of course, means that YouTube is an attractor for Viacom and friends, to the extent that people watch Big Media stuff on YouTube. He doesn’t really discuss that.

The reason for this quick post, though, is what Goodman leaves entirely out of the lawsuit equation. YouTube’s primary defense isn’t Fair Use (although it possibly could be). It’s the DMCA Safe Harbor provision. One tiny little “pro-consumer” piece of that vastly pro-Big Media bill basically says that digital carriers can’t be held liable for infringement as long as they remove copyright material upon request (and aren’t actively encouraging infringement, and take reasonable efforts to discourage infringement).

YouTube famously removes material as soon as it’s informed that the material infringes copyright–probably without even checking whether that’s a legitimate claim. (Fair use provisions do mean that, in some cases, it’s legitimate for a YouTube video to contain elements of broadcast TV.) In practice, safe harbor provisions favor copyright holders: The digital sites respond immediately to take-down requests, not negotiating the reality.

But, of course, that’s not good enough for Big Media: Now that it has the extreme copyright protections of DMCA, it wants to undermine the balancing clauses. To do so would mean that video-sharing sites would have to require some sort of proof that each uploaded video wasn’t an infringement. Good luck with that. Realistically, Big Media doesn’t want sharing sites to be around, unless it controls them or at least gets paid everytime somebody watches a clip that might be under its control.

Actually, take away the safe harbor provision and every web service that stores any user-generated content is in trouble. Upload a vcast that happens to have the TV or radio on in the background? That could be claimed as copyright infringement (rightly or wrongly). Heck, quote a line of a pop song in a blog entry? Some writers and publishers claim that even a single line of a poem is too much for fair use.

This isn’t new. The Audio Home Recording Act (AHRA) was a pro-copyright compromise, that explicitly legalized copying music digitally from radio (etc.) for your own use, while “rewarding” copyright holders by adding a surcharge to recorders and blank media and distributing that surcharge to copyright holders. That’s why “audio CD-Rs” cost more than data CD-Rs and standalone CD recorders won’t record on data CD-Rs: AHRA.

Now, of course, Big Media’s taking legal action to prevent people from intelligently recording XM or Sirius radio (that is, recording individual songs), claiming it’s copyright infringement and carefully ignoring AHRA. It’s the same bait and switch: Bait an unbalanced law with supposed consumer protections, then switch back to claim that the protection is excessive and either ignore it or try to get it reversed.

Cites & Insights 2006: A few “popularity” notes

Posted in Cites & Insights, Copyright, Libraries, Media, Writing and blogging on December 21st, 2006

A year ago I did this commentary on the reach and popularity of Cites & Insights volume 5 (2005). Here’s a similar breakdown for volume 6–but with a modest amount of confusion, since volume 6 is split across two domains….using two different log stats systems.

For the old site (where the final issue was C&I 6:8, July 2006), statistics cover the period 12/19/2005 (the day C&I 6:1 was posted) through 12/18/2006–exactly one year. For the new site, which includes all the old issues and began on July 10, 2006, statistics cover 7/10/2006 through 12/18/2006.

Sustaining interest: One clear fact is that readership continues long after an issue has been posted, with much of that readership going directly to issues and essays, not the home page. Strongest indications: Although hits per month at cites.boisestate.edu dropped from an average of 56,753 per month for February through June [January 2006 was abnormally high thanks to the Library 2.0 issue] to 32,364 per month for July through November–a drop of 43%–visitors per month only dropped from an average of 17,805 January-June to an average of 16,766 July-November (a drop of 6%). Basically, the daily visitors graph since the site change, entirely to old issues, looks about the same as it did before the site change, but lopping off the spikes that occur just after each issue is loaded.

Overall readership: C&I was visited from 50,818 unique IP addresses on the old site and 11,374 unique IP addresses on the new site. Combining the two, there were some 663,000 total hits (up about 56% from 2005), with an average of 578 visitors per day on the old site, 172 sessions per day (the closest comparison) on the new.

Geographic distribution: Noting that some of these may be spambots, total countries are about the same as last year (166 vs. 167) on the old site with exactly the same number (143) showing more than one visit. The new site shows 92 for the half year, 72 with more than one session. For the old site, 72 countries show 20 or more visits, 61 show 50 or more, and 49 (same as last year) show 100 or more.

I didn’t look at browsers, OS, and spiders in any detail; I believe Firefox is running about 20% of browsers, Mac OS about 3% of OS–and Yahoo! Slurp continues to be the most hyperactive spider by far.

Popularity: It’s tough to make overall judgments for two reasons: The split between the two sites (with only the 50 most visited pages available for the old one) and the clear sense that a pretty substantial portion of an article’s readership comes some time after it was published–with a significant portion coming more than six months later. It would make more sense to look at popularity for the August-December issues no earlier than next July.

For what I’m willing to conjecture, I’m using the same algorithm as last year: 1.5 readers per PDF download and one reader per HTML page visit. Using that metric, here’s what I can say with moderate assurance:

  • The full-issue essay Library 2.0 and “Library 2.0″ was by far the most widely read essay and issue–nearly 28,000, almost four times the readership of the second highest, and a whole bunch more than 2005′s top piece (Investigating the Blogosphere)
  • Looking at Liblogs: The great middle (6:10) came next, with more than 7,000 readers. This essay was in the August issue, which makes its high readership particularly noteworthy.
  • Folksonomy and Dichotomy (6:4) had around 6,600 readers; Beyond Library 2.0 and (C)2: What NC Means to Me (both 6:3) round out the top five, with more than 6,000 readers each. The July Bibs & Blather (asking for help on liblogs)also had just over 6,000.
  • Six other essays had more than 5,500 readers. In descending order: (C)2: Will Fair Use Survive? (6:1), my commentary on OCLC’s Perceptions report (6:3); Library Stuff from March (6:4); the August Bibs & Blather [meaningless: those are just PDF numbers for people reading Looking at Liblogs]; (C)4: Analog hole and broadcast flag (6:3), and (C)1: Term and Extent (6:4).

More significant, I think, is that readership was strong across the board–every essay prior to September (except the PDF-only 75th issue) shows at least 3,700 readers, and every issue first posted on the new site has already been downloaded as a PDF at least 1,100 times–including 6:14, which hasn’t been out all that long.

I won’t draw conclusions as to popular and unpopular types of articles; it’s not that clear–except, to be sure, that Library 2.0 and liblogging are big draws. Heck, even the silly 75th anniversary issue had close to 1,800 downloads…

Has the MPAA lost its corporate mind? [Oops, it was a spoof]

Posted in Copyright, Movies and TV on November 29th, 2006

I knew MPAA held pretty extravagant views on copyright, fair use, and their “right” to squeeze every last dollar out of major motion pictures, but this one took even me by surprise.

Updated: See Seth Finkelstein’s comment below: Apparently this is satire, but with the MPAA it’s really hard to tell…OK, so if I’d done an “About” at BBSpot… Sigh. Too early in the morning, too worried about a forthcoming trip, too gullible. And the story’s just a little too believable: The mark of good satire. As Emily Littella would say (sp?), “Never mind…”

So a married couple with a 32″ 10-year-old TV with stereo speakers, oh, say, like us, actually has a “home theater” and is “illegally” doing theatrical showings of DVDs because we have two comfy chairs to watch the TV from. And we should have to pay MPAA a registration fee. And our TV should have to report to them what we’re watching at all times.

The natural response is “Are these people out of their friggin’ minds?”

The second response is to say that “theatrical viewing” needs to be legally defined as involving charges or, at the very least, some form of publicity (other than phone calls), so that this sort of c**p will go away.

Next thing, the NFL will say that if you have any friends over to watch football [after all, MPAA’s standard is two or more chairs), you need to pay the commercial license fees that a sportspub would pay.

Some day, the absurd overreaches of the MPAA and RIAA will cause a strong pushback from “our” elected representatives. I hope I’m still alive when that day comes.

Credit where credit is due: I picked this up from Michael Pate’s post at LibraryPlanet.. Thanks, Michael!

C&I: Very short-term predictions

Posted in Cites & Insights, Copyright, Media, Writing and blogging on September 2nd, 2006

As long-term readers of Cites & Insights already know, I don’t claim to be a prophet–and my ability to predict what will happen even within a publication 100% under my control has proven to be, shall we say, minimal.

At the start of this year (or, rather in C&I 6.1, January 2006, which actually appeared December 20), I reviewed my track record for predicting what C&I would be like for the year ahead. One year yielded good success at promises based on a reader survey, but I think the result was a weaker volume (2003) and, frankly, enough less fun that I considered killing off the ejournal. The next year I managed not to promise much of anything, and kept the non-promises. The other two years ranged from 0% to 50% success.

So for this year, under the title “No Year’s Resolutions,” I kept it minimal again. Ithought. “No fewer than 12 and no more than 30 pages per issue; no fewer than 12 and no more than 16 issues; continued foci on copyright and net media without abandoning other interesting areas.”

And the very next issue was 32 pages long!

I’m not going to apologize for that, since the overlength issue has apparently been read by more than 17,000 people, five or six times the usual readership, and is already cited in lots of places…but it does say something about my predictive powers for items under my control.

(Net media and copyright? Not quite as much on copyright as I expected, but maybe more than enough for readers; “net media” turns out to be fuzzier than I thought, so it’s hard to say. And there are three issues to come…)

So I thought I’d go for short-term predictions: What I believe will show up in the October issue.

Or, just to leave some flexibility, what I believe will (might) show up (probably) in the October and November issues, plus some other stuff…

  • An offtopic perspective summing up the second half of the sci-fi 50-movie pack.
  • A new department or running name for perspectives, “Old media/New media,” with notes tracking high-def optical disc and most likely (maybe as a separate perspective) some thoughts on ebooks, print books and bookstores–and maybe some other stuff as well.
  • Net Media commentaries (maybe separates) on wikis (especially the big one) and blogging, and maybe some comments on an interesting piece on phishing
  • Copyright stuff–I’m not sure what-all, but lots of it.
  • Libraries & scholarly access
  • PC Progress
  • Interesting & peculiar products
  • A five-year follow-up on the “arc of enthusiasm,” spotlighting what are now called open access journals that have been around for eleven years or more–and what else has happened within the small universe studied in 2001.
  • Some of the usual departments…

When I started this idle Saturday nonsense post, I was going to predict the October issue’s contents. If I did that, I’d probably be about half right. By making it two issues instead of one, odds are that at least two-thirds of what’s listed above will actually appear in that time frame, along with stuff I haven’t even dreamed about yet.

Which does make it enough fun to keep doing!

Library 2.0 – Like it or hate it, it’s public domain (an echo post)

Posted in Cites & Insights, Copyright, Language, Libraries, Technology and software, Writing and blogging on May 27th, 2006

Michael Casey posted this at LibraryCrunch last night. As one of those who suggested this to him, I’ll quote the whole thing as a way of reinforcing the claim against future foolishness:

O’Reilly has taken steps to consolidate use of the term “Web 2.0”, claiming it as a service mark. This has caused several worried library folk to contact me regarding “Library 2.0” and its usage.

I first published the term “Library 2.0” in September of 2005. I have always considered the term “Library 2.0”, used alone or in combinations such as “Library 2.0 Conference”, to be in the public domain, usable by anyone, and not subject to trademark or service mark registration. I would hate to see this changed by anyone attempting to turn the term itself into a commercial venture.

It appears well-established that “Library 2.0″ is Michael Casey’s coinage. I believe his post should be strong evidence opposing any attempt by a company to register the term as a servicemark or trademark, by itself or in any generic combination such as “Library 2.0 conference.” Casey’s done the right thing here, which will come as no surprise to anyone who’s dealt with him.

This may also be a good point to remind those who believe that Walt Crawford is the foremost “anti-Library 2.0″ person around there: I’m not an anti-Library 2.0 person at all, as a reasonably careful reading of the special Cites & Insights should clarify.

I think I’ll adopt the same usage here that Peter Suber tagged me with as regards open access: I’m an independent. (Which really means largely in favor of the concepts, but choosing to continue thinking and writing about difficulties and refinements.)


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