Future of Libraries – Need First Sale for ebooks

20 02 2017

How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them?  The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries.  Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.

Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers.  The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.

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The content in this post was found at http://fairuse.stanford.edu/2017/02/19/future-libraries-need-first-sale-ebooks/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Commerce Recommends Amendments to Copyright Act Statutory Damages Provisions

16 01 2017

Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. copyright law that would provide more guidance and greater flexibility to courts in awarding statutory damages. However, the Task Force has found insufficient evidence to show that there is a change in circumstance in the markets or technology that requires action on amending the first sale doctrine.

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The content in this post was found at http://www.ipwatchdog.com/2016/01/28/commerce-department-recommends-amendments-to-copyright-act-statutory-damages-provisions/id=65490/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



US carriers agree to unlock customers’ phones after pressure from FCC

17 12 2013
AT&T, Verizon Wireless, Sprint, T-Mobile, and US Cellular have “voluntarily” committed to unlocking customers’ cell phones once their contracts have been paid off. The wireless carriers will notify customers when their devices are eligible to be unlocked, “or automatically unlock devices remotely, for free,” the Federal Communications Commission (FCC) said today.While the agreement was described as voluntary, FCC Chairman Tom Wheeler had told the carriers he would pursue regulation if they didn’t comply with his terms. A recent ruling by the Librarian of Congress meant that a consumer unlocking his or her own phone would be violating the Digital Millennium Copyright Act’s anti-circumvention provisions. Today’s agreement should sidestep that by putting the onus to unlock on the carrier, although it doesn’t help consumers who are still under contract.

 

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The content in this post was found at http://arstechnica.com/business/2013/12/us-carriers-agree-to-unlock-customers-phones-after-pressure-from-fcc/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)

26 11 2013

By Eric Goldman

Kirtsaeng v. John Wiley & Sons, No. 11–697 (U.S. Supreme Court March 19, 2013).  Prior blog post of the Second Circuit ruling in the case.

In Kirtsaeng v. John Wiley & Sons ($JW-A), the U.S. Supreme Court ruled that U.S. copyright law doesn’t restrict the importation of legitimate copyrighted works manufactured and sold overseas.  As a result, publishers cannot use U.S. copyright law to enforce their price discrimination schemes of pricing copyrighted works on a per-nation basis.

This ruling is a legal victory for U.S. consumers, who should see cheaper prices in the short run.  This ruling is also a win for museums, libraries and other institutional collectors of copyrighted works, who face less risk now when acquiring copyrighted works (especially those initially sold overseas).  Still, amidst the good news, it’s impossible to ignore the rapid and probably irreversible demise of copyright’s First Sale doctrine, meaning this legal victory is likely short-lived at best.

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The content in this post was found at http://blog.ericgoldman.org/archives/2013/03/the_supreme_cou.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi

26 11 2013

[Post by Venkat Balasubramani, with comments from Eric]

Capitol Records, LLC v. ReDigi Inc., 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013)

[There has been a recent whirlwind of copyright activity in the courts. We will try to get caught up soon!]

ReDigi looks like a law professor’s exam question that sprang to life. The basic question involves the legality of a marketplace for digital music files. Unfortunately for ReDigi, the court is not very sympathetic to its enterprise, and the court grants Capitol’s request for summary judgment.  I expect an appeal will be forthcoming.

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The content in this post was found at http://blog.ericgoldman.org/archives/2013/04/first_sale_doct.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.