Blog – Copyright Clearance Center http://www.copyright.com Rights Licensing Expert Fri, 22 Mar 2019 21:09:46 +0000 en-US hourly 1 http://www.copyright.com/wp-content/uploads/2016/05/cropped-ccc-favicon-32x32.png Blog – Copyright Clearance Center http://www.copyright.com 32 32 Join Ixxus at Learning Solutions 2019 Conference & Expo http://www.copyright.com/blog/join-ixxus-at-learning-solutions-2019-conference-expo/ Fri, 22 Mar 2019 08:00:39 +0000 http://www.copyright.com/?post_type=blog_post&p=19375 At Learning Solutions 2019 in Orlando, we will explore how the right Learning Content Management System can benefit your organization and your employees.

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The Ixxus team is headed to Learning Solutions 2019 in Orlando, FL (March 26  28and we hope to see you thereIxxus is a subsidiary of Copyright Clearance Center (CCC). 

Learning Solutions Conference & Expo provides attendees with real solutions to create new strategies, increase engagement, and leverage the power of learning technologies.

Join us for a live session 

Is a Learning Content Management System (LCMS) Right for You? 

  • Learning Platforms Track > SMM105  
  • Tuesday, March 26 at 2:00 PM 
  • Expo Hall: Management & Measurement Stage 
  • Speakers: Robert Gaggin and Stephen Casbeer 

Modern learning & development (L&D) organizations make it a priority to improve employees’ skills and enhance knowledge—not yearly or monthly, but continuously. These successful organizations have moved away from disconnected, rigid courses and instead enabled flexible, multi-purpose, agile learning content. By ensuring that their learning content is rich, dynamic, and personalized, they provide their teams with the tools to drive their own learning. As a result, the value of every content asset is maximized, and production is streamlined. But many organizations struggle to find a way to enable this dynamic learning. Oftentimes learning content is stored in silos, making it difficult to find and reuse. Reviewing and updating courses is time-consuming, creating derivative courses is problematic, and version control is a nightmare. Distributing learning content in multiple formats (SCORM, PDF, ePub, HTML, XML, etc.) requires painstaking rework. Sound familiar?   

Adopting a Learning Content Management System (LCMS) can help resolve these challenges by removing content silos; enriching your content assets to make them more discoverable and reusable; streamlining the course development, editing, and review processes; ensuring courses meet quality standards; and enabling team members to easily publish learning content across multiple channels.   

Join us to learn how the right Learning Content Management System can benefit your organization and your employees. 

In this session, you will learn: 

  • What a Learning Content Management System (LCMS) is 
  • The difference between an LMS and an LCMS 
  • How an LCMS can help you to better store, enrich, discover, assemble, reuse, analyze, and disseminate your learning content 
  • What an LCMS does and how it works 
  • If an LCMS is right for your organization 

Please stop by the Ixxus booth (#517) and say hi. 

We’ll be exhibiting throughout the conference, and we’re eager to talk to you about your content development and management challenges and how our Learning Content Management System can help. 

Follow us 

Follow the conversation from Orlando at #LSCon, and connect with CCC on TwitterFacebook and LinkedIn for information about this event, learning content management and more.  

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How Will Brexit Impact Scholarly Publishing? http://www.copyright.com/blog/how-will-brexit-impact-scholarly-publishing/ Thu, 21 Mar 2019 21:17:12 +0000 http://www.copyright.com/?post_type=blog_post&p=19344 The nature of Britain’s exit from the European Union remains unclear; yet it is certain that Brexit will mean changes for the scholarly publishing community.

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The nature and even timing of Britain’s exit from the European Union remain unclear. Yet one can confidently predict that Brexit will mean dramatic changes for the UK’s scholarly publishing community. For the researchers whose contributions drive content into society journals and high IF journals alike, Brexit will rewrite rules governing partnerships with European colleagues as well as access to resources available for research. For publishers, shifts in long-established editorial and business practices raise questions that will require ample patience for risk and uncertainty over the short and medium-term. What challenges should you prepare for? What opportunities may lie ahead? What will Brexit mean to the transition to Open Access? This 2019 London Book Fair panel explores the many possible directions Brexit may lead publishing in 2019 and after.

CCC’s Christopher Kenneally moderates the panel, featuring:

Tim Britton, Springer Nature Petra Labriga, Technische Informationsbibliothek (TIB) Hugh Logue, Outsell Simon Ross, Manchester University Press
Tim Britton
Springer Nature
Petra Labriga
Technische Informationsbibliothek (TIB)
Hugh Logue
Outsell
Simon Ross
Manchester University Press

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Celebrating the “State of Possible” – CCC to Attend MassBio’s Annual Conference http://www.copyright.com/blog/ccc-massbio-annual-conference/ Wed, 20 Mar 2019 20:45:50 +0000 http://www.copyright.com/?post_type=blog_post&p=19314 As new members of the Massachusetts Biotechnology Council, the CCC team is excited to join this year’s event entitled “The State of Possible.”

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What lies ahead for the biotechnology industry?

That question – and many more – will be discussed next week at MassBio’s Annual Conference in Cambridge, MA.

As new members of the Massachusetts Biotechnology Council, the CCC team is excited to join this year’s event entitled “The State of Possible.”

CCC’s membership in MassBio gives us the opportunity to further participate in the growth of the life science ecosystem. We look forward to sharing our expertise in creating copyright compliance and content workflow solutions for organizations within this network of innovative companies.

About MassBio’s Annual Event

This year’s keynote speaker Jeremy Levin, Chairman & CEO of Ovid Therapeutics, will kick off the program with “The State of the State of Possible: Where Are We in the History of Biotech and What Lies Ahead.” Additional topics throughout the two-day event range from leveraging artificial intelligence for drug discovery, to addressing the nation’s opioid crisis.

Meet the CCC Team

We’ll be exhibiting throughout the conference, and we’re excited to share the ways emerging life sciences organizations are using RightFind to accelerate the research process.

If you’re not attending the conference, follow all the action using hashtag #StateofPossible19 and connect with Mass Bio (@MassBio) and CCC (@copyrightclear) on Twitter for up-to-the-minute dispatches from the conference.

 

Related Reading:

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Join CCC at DIA’s Medical Affairs and Scientific Communications Forum, March 18-20 http://www.copyright.com/blog/dia-medical-affairs-2019/ Tue, 12 Mar 2019 17:22:17 +0000 http://www.copyright.com/?post_type=blog_post&p=19204 The CCC team is heading to Orlando from March 18-20 to attend DIA’s Medical Affairs and Scientific Communications Forum. Here are some of our top session picks.

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The CCC team is heading to Orlando from March 18-20 to attend DIA’s Medical Affairs and Scientific Communications Forum – and we hope we’ll see you there.

This year’s two keynote presentations speak to that very theme. Despite vastly different backgrounds, Jennifer Brea, independent documentary filmmaker, and Deborah Collyar, president of Patients Advocates in Research (PAIR) will lead the event in keynotes that speak to this topic – how to get to the heart of information patients need.

In addition, here are a few sessions our team is looking forward to:

The Future of Medical Affairs – The Voice of the Visionary

There are various ideas, assets, and resources to our industry. This panel interview represents a new concept at MASC. Senior executive industry leaders, founders, and way-makers are being brought together to discuss their vision, why they founded their organizations, answer questions, and demonstrate how they continually move forward. We’ll focus our emphasis on niche markets, organizational design, and necessary business acumen in an ever-changing industry environment, to add as much value as possible. For the manager to director level MI observer, awareness of resources can be unclear. Participants will walk away with invaluable insight to think about what’s coming in the future of our industry, and to be able to apply takeaways for any sized company small, mid-sized, and large Pharma/Biotech.

All Aboard the Globalization Train

The trend towards medical information globalization is clear, but the path and final product can look different for each organization. The results from a survey of several biopharmaceutical companies show us why companies decide to globalize, how they approach this process, and key components to a successful shift towards a global medical information department. We will then see some of these key learnings in action as one company shares their globalization journey.

The Three D’s of RWE

Real-world data (RWD) and real world evidence (RWE) play an increasing role in healthcare decisions. RWD is derived from multiple sources outside typical clinical research settings, including electronic health records (EHRs), claims and billing data, product and disease registries, and data gathered through personal devices and health applications. RWE is the intersection between the structured rigor of a randomized control trial and the clinical exposure a treatment receives once it enters clinical practice as it is derived from analysis of RWD. Medical information departments vary in their understanding and approach to the 3 D’s (definition, decision makers, and dissemination) of RWE. As the US healthcare system continues to seek value for patients, it is increasingly important to have strategies for addressing RWE across the continuum of decision makers (regulators, payers, HCPs and patients).

Podium Pearls 

Medical communications professionals will be presenting their successes, challenges, and “pearls of wisdom” on various topics through podium presentations.

Say hi to the CCC at Booth 207

We’ll be exhibiting throughout the conference, and we’re excited to share the ways organizations are using RightFind Solutions to accelerate the research process and gain scientific insights more quickly.

Attending? Let us know in the comments below!

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Leveraging Usage Data is the Key for Information Managers http://www.copyright.com/blog/leveraging-usage-data-information-managers/ Mon, 11 Mar 2019 19:01:22 +0000 http://www.copyright.com/?post_type=blog_post&p=19192 In the final installment of our three-part series around COUNTER updates, we will discuss the importance of usage data (including COUNTER) for information managers.

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Information managers have been leveraging usage statistics for years to determine what content researchers consider important. Usage data is provided to information managers in many ways including through COUNTER (Counting Online Usage of Networked Electronic Resources).

In January 2019, COUNTER updated its code of practice from Release 4 (C4) to Release 5 (C5). According to the National Information Standards Organization (NISO), Release 5 of the COUNTER Code of Practice is “designed to balance changing reporting needs with the need to make things simpler, so that all content providers can achieve compliance and librarians can have usage statistics that are credible, consistent, and comparable.”

In the final installment of our three-part series around COUNTER updates, we will discuss the importance of usage data (including COUNTER) for information managers, and things to think about when leveraging this data to defend and optimize content spend at your organization.

Take Stock of All Available Usage Data

Information managers should ensure they have access to and understand the usage data they need to defend their content and resource spend. In addition to COUNTER data, information managers may have access to usage numbers from their document delivery provider and/or subscription management vendor. They will also have “non-standard” usage reports from vendors who are not COUNTER compliant. It’s the information manager’s job to bring these data sources together and create a 360-degree view of their organization’s content usage. Reviewing this data can give the information manager the understanding of what content is being used, when it’s used, and more. Data is an important piece to defending content spend.

Going Beyond Usage Statistics

While a part of the puzzle, standalone usage statistics are not enough. The data needs to tell a story that goes beyond numbers, and provide a more precise picture of what content users are most interested in. Information managers continue to look for even more data that can be used to help them better understand their clients, how they interact with the content they subscribe to and purchase, the products they license, and how the content fits into their workflows.

Information managers should consider the following as they explore ways to leverage their usage data:

  • Turn your usage data into actionable insights
    • According to a report by Forrester, 74% of firms say they want to be data-driven, however just 29% are successfully transforming analytics data into business actions.
  • Explain usage data through visualizations
    • Transforming data into more engaging, intuitive, and valuable information is growing in importance for information managers, as the need to convey progressively complex numbers and ideas increases.
  • Think about usage data creatively
    • Information managers know that sometimes usage and spend data is not enough. There are some cases where the cost appears high, and the amount of use is low relative to other sources, but nevertheless the content is vital to the organization. Unfortunately, when budgets are flat or on the decline, this narrative won’t be enough. You need to be able to prove the value of content beyond usage metrics.

 

For more information about COUNTER, you can visit their website at projectcounter.org

 

To learn how information professionals use RightFind Business Intelligence to get an enterprise-wide view of content usage and spend, contact us today

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Join CCC and Ixxus at London Book Fair 2019 http://www.copyright.com/blog/join-ccc-and-ixxus-at-london-book-fair-2019/ Thu, 07 Mar 2019 08:00:51 +0000 http://www.copyright.com/?post_type=blog_post&p=19147 At London Book Fair 2019, we’ll cover Brexit, the power of metadata, after-market use for published material and the importance of collective licensing.

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CCC and Ixxus returns to London Book Fair 2019 as premium sponsors. If you’re in London, find us at Stand #7C16. Stay connected through London Book Fair and beyond with our social media at #LBF19CCC, including live streams of our panels. Learn more about our presence at London Book Fair here and browse biographies of our speakers here.

Scholarly Publishing Through the Brexit Lens

Tuesday 12 March at 16:00 – 17:00 in The Faculty

Brexit Day (29 March) fast approaches. Deal, no deal, extension… How will these decisions impact the publishing industry?

Featuring:

  • Tim Britton, Springer Nature
  • Petra Labriga, Technische Informationsbibliothek (TIB)
  • Hugh Logue, Outsell
  • Simon Ross, Manchester University Press

Minimum Viable Metadata

Wednesday 13 March at 11:30 – 12:30 in The Faculty

Every publisher needs to decide the Minimum Viable Metadata for their content: the bare minimum of information that makes an asset function in their content library.

Featuring:

  • Marie Bilde, Independent Book Industry Consultant
  • Brian O’Leary, Book Industry Study Group
  • Ian Synge, Ixxus
  • Joshua Tallent, Firebrand Technologies

Your Content’s “Children” May Surprise You

Wednesday 13 March at 13:00 – 14:00 in The Faculty

Discover how to identify potential after-market value locked in your existing content – and be ready to respond when the unexpected happens.

Featuring:

  • James Colbert, Highlights for Children
  • Nilu Mallory, Dorling Kindersly (DK)
  • Jessica Rutt, RCNi (Royal College of Nursing Institute)

In Conversation at the Research & Scholarly Publishing Forum

Wednesday 13 March at 12:00 – 12:15 in Research & Scholarly Publishing Forum

The Research & Scholarly Publishing Forum debates the big questions facing Academic publishing. This panel of advocates will discuss literacy and collective licensing issues.

Featuring:

  • Michael Healy, Copyright Clearance Center
  • Jonathan Nowell, Book Trade Benevolent Society
  • Alison Tweed, Book Aid International

Celebrate with Us

Join CCC and ALPSP for our annual reception at Stands #7C19 and #7C16, Tuesday 12 March from 17:00 to 18:30.

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Supercharging Search: AI in Information Discovery for the Life Sciences [Upcoming Webinar] http://www.copyright.com/blog/ai-information-discovery-scibite-webinar/ Tue, 05 Mar 2019 19:27:27 +0000 http://www.copyright.com/?post_type=blog_post&p=19139 CCC and SciBite's complimentary webinar will focus on a method to cut through the complexity of scientific language to retrieve better search results.

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For researchers and information professionals in the life sciences, the ability to seek (and more importantly, find) information is central to success. But knowing how to elevate the current search standards in your organization isn’t always easy.

On 12 March 2019, CCC and our partners at Scibite will host Supercharging Search: AI in Information Discovery for the Life Sciences,” and you can register to join us. This complimentary webinar will focus on a method to cut through the complexity of scientific language to support you in retrieving better search results with less effort.

Here are a few takeaways you can expect from the webinar:

Artificial Intelligence in Action

Michael Hughes, SciBite’s head of data science, will present a case study of how they use artificial intelligence techniques to train the computer to recognize phrases pertaining to Protein-Protein interactions, and how this can be applied in searches to pull out papers concerning relevant biological processes to support drug development.

“Through normalizing key scientific concepts to single identifiers, we take away the pain of having to come up with long lists of synonyms to get to the hits you want,” Michael says. “Coupling this with AI-driven context extraction means that you can quickly narrow down a broad set of concept hits to a particular topic of interest.”

Putting Power in the Hands of Information Professionals

Additionally, Michael will describe a toolkit to put the power in the hands of the information professional for training such a system, so that it can be applied to any topic of interest.

At CCC, we know information managers and knowledge managers we speak with are being asked to provide search tools that make it easy for researchers and other stakeholders to find relevant content and gain scientific insights more quickly. This webinar will provide a peek into just that.

Register here to secure your spot at the webinar.

In the meantime, you can check out the following additional resources for more information about semantic search capabilities:

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Eyes on 2020: Navigating Open Access Changes http://www.copyright.com/blog/eyes-on-2020-navigating-open-access-changes/ Mon, 04 Mar 2019 21:00:09 +0000 http://www.copyright.com/?post_type=blog_post&p=19111 As major policy changes for Open Access content like Plan S take shape, publishers around the globe are turning to RightsLink Author to ease the transition.

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Change is coming and it’s coming quickly. With the September 2018 announcement from the European Commission of ‘Plan S,’ and the looming deadline of January 2020 for many global Horizon 2020 initiatives, publishers are feeling the increasing pressure to evolve Open Access (OA) publishing models.

Plan S states that “scientific publications on the results from research funded by public grants provided by national and European research councils and funding bodies, must be published in compliant Open Access Journals or on compliant Open Access Platforms.” This directive has publishers around the globe asking themselves – where is my organization’s publishing program on the path to making the transition to OA? Are we ready to and should we respond to Plan S? How do we make this transition without jeopardizing our business?

Workflow issues causing barriers to progress

Even before the widely-publicized Plan S, librarians with Vienna University co-published a report with UKSG which highlighted that workflow issues will be a significant obstacle in the transition to OA publishing of research results. The report found many workflow issues including too many workflows, slow infrastructure, lack of flexibility, metadata gaps, and much more.

A call for unity

As publishers face mounting pressure to accelerate the transition to Open Access (OA), it can be hard to know if they’re on the right path. Between the operational overhead of managing traditional subscription businesses and open access publishing models, experimenting with new agreement types that often require manual support or intervention, and responding to the needs of a global author base, the OA landscape is challenging to navigate.

These factors call for flexible, collaborative, data-driven business models and tools that empower publishers and all stakeholders—from funders to institutions to researchers—to make this leap in a practical, sustainable way.

Consider the road…more traveled

RightsLink® Author is the industry-leading platform that supports dozens of publishers in automating author charges and managing complex deals. It can help solve the issues you are facing including:

  • Working with authors who want simplified and flexible options when choosing where and how to publish.
    • The network effect of dozens of publishers using one common platform offers the convenience and continuity of a superior and shared user experience for the research community.
  • Complex consortia-level deals that require sophisticated agreement management.
    • RightsLink Author’s OA Agreement Manager supports individual and consortia-level deals in addition to many other agreement types.
  • Pressure from funding institutions to accelerate Open Access in drastic ways.
    • RightsLink Author addresses nearly all the market problems outlined in the Vienna University Library report and Plan S.

Visit us at the London Book Fair 2019

Copyright Clearance Center will be at the London Book Fair on 12-14 March. Visit Stand #7C16 to discuss these topics and explore how RightsLink Author can support you as you navigate the changing OA landscape. Browse our expert panels here.

Interested in learning more about Open Access trends? Check out the following blog posts for more insights.

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Copyright at the Supreme Court: When Do Damages for Copyright Infringement Really Start to Bite? http://www.copyright.com/blog/copyright-at-the-supreme-court-when-do-damages-for-copyright-infringement-really-start-to-bite/ Mon, 04 Mar 2019 12:00:33 +0000 http://www.copyright.com/?post_type=blog_post&p=18782 The Supreme Court recently heard arguments on a case asking them to rule on when copyright registration becomes effective.

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Update: On Monday, March 4, the US Supreme Court decided the right to sue for copyright infringement takes effect when the Copyright Office issues a certificate of registration (or an explicit rejection) to the author. In other words, and as discussed below, they affirmed the “registration approach.”


Copyright owners can, and regularly do, have their lawyers send a “Cease & Desist” (C&D) letter when they learn of an apparent infringement of their works. This is a simple, and relatively inexpensive, first step. “That’s my stuff you are using” these say, in legal language. And, also, “Knock it off.” Many times, that is the end of the matter, and the courts never hear of it.

There’s a clause in the US copyright law that enables copyright holders to go further when the facts call for it. They can bring an infringement suit and, if infringement is found, they may collect significant damages – and, if the plaintiff’s lost profits cannot be quantified, US law permits statutory damage awards of up to $30,000 per infringing act or $150,000 per willful infringing act (Section 504), depending on a number of circumstances. But in order to bring the suit in the first place, the work involved is required to have been registered for copyright.

The case heard at the Supreme Court last week, Fourth Estate vs. Wall-Street.com, bubbled up from Florida and on appeal went to the 11th circuit. The specific facts of the infringement at the heart of this case don’t stand out in any special way, and they are fairly mundane —basically, Wall-Street.com kept using content from Fourth Estate after their license to do so had expired. There have been a few infringement cases recently which came out on different sides of the question whether the plaintiff work was validly registered at the time of suit, so the SCOTUS decided to take it up and attempt to resolve the question once and for all.

Section 411(a) of the Copyright Act [Title 17] reads: “no civil action for infringement of the copyright in any United States work shall be instituted until” either (1) “registration of the copyright claim has been made in accordance with this title,” or (2) “the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused.”

The latter bit about deposit is not part of the issue in this case. But the possibility of ‘refusal’ – that is, of the Copyright Office not accepting the work for registration (most often because the Office determines that the work is not protectable under copyright law) – does enter into it.

The core of this case is the question: When does “registration” occur for purposes of Section 411(a)? Is it when the form is filed, which is referred to as the “application approach”, or when the certificate of registration is issued by the Copyright Office, called the “certificate approach”? The answer entails consequences for authors and other creators, who may lose some of the economic benefit of their work if things take too long or the threat of damages is not credible, and there are tradeoffs to be recognized resulting from either approach. Let’s dig in to that a little.

  • The application approach: Under the application approach, the creator of the work is recognized by the courts as effectively having registered the work for copyright at the moment when he/she/it has filled out the registration form and sent the money to the Copyright Office. Which is to say, when they have applied.
  • The certificate approach: Same as above, except that the creator of the work is recognized as effectively having registered the work for copyright only when the Copyright Office issues the certificate of registration for that work (which, currently, tends to run about 8-12 months after a paper application and a bit sooner for an online application)

Amicus (‘Friend of the Court’) briefs in favor of the certificate approach – that favored by the alleged infringer here – were filed by: Public Knowledge and R Street, Washington Legal Foundation, and Prof. Peter Jaszi, on behalf himself and of other Authors and Educators

Amicus filings in favor of the application approach – that sought by the copyright plaintiff here – came from: the Copyright Alliance (full disclosure, CCC is a member), the American Bar Association, various music publishing and rights organizations (NMPA, RIAA, ASCAP, BMI, et al.), the Authors Guild and other Authors’ Rights Organizations, and the International Trademark Association.

I went through each of these thoughtful filings, trying to understand better the risks and benefits of each approach.

It appears to me that proponents of the application approach see timeliness as the main benefit. As I mentioned above, it takes months (down from 1-2 years about a decade ago) for a copyright certificate to come back from the Copyright Office, which has examiners dedicated to checking each application to make sure everything is right and ready to go. Once an alleged infringement is discovered, the sooner legal action can be taken on it, the less likely it is that serious economic harm will result to the copyright holder (and, ordinarily, the less likely that there are public effects as well, including the possible need to recall infringing articles or to change a defendant’s entrenched business model).

Proponents of the certificate approach, on the other hand, point to the benefits of building a robust public record of works registered for copyright. They also say that the risk of harm from waiting for the certificate is not very great.

There are detailed legal arguments on both sides that I, as a non-lawyer, have opted to skip over in this brief post. I’m sure the SCOTUS will cover all of those arguments when it makes its ruling. Professor Litman has provided a good summary of them over at SCOTUSblog.

For my own part, I guess I would currently lean towards adopting the application approach. While I think the public benefits resulting from a more complete public record are real, and substantial, I think the economic risks (to copyright holders and potentially to others as well) of delayed action on alleged infringements, that must result from certificate approach, outweigh those benefits in the short, and in the longer, runs.

We’ll see what the Court says, almost certainly before the end of its current term in June.

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Update: European Union poised to modernize copyright laws, approaching a “Digital Single Market” http://www.copyright.com/blog/update-european-union-poised-to-modernize-copyright-laws-approaching-a-digital-single-market/ Mon, 04 Mar 2019 08:00:38 +0000 http://www.copyright.com/?post_type=blog_post&p=19021 European Union appears to be on the brink of significant copyright reform.

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On February 13th, the Council of the EU, the European Commission and a delegation from the European Parliament (the ‘trialogue’ partners) succeeded in agreeing on a final text of a proposed new Copyright Directive.

Subsequently, the EU Parliament’s JURI (Legal Affairs) Committee voted on February 26th to recommend the final draft to the full Parliament for approval. A final vote in Parliament is now scheduled for late March . Given that calendar, the process may not be over yet. Protest rallies against the bill in multiple European cities are planned for March 23.

The purpose of the proposed Directive is to harmonize copyright law in the digital age —across the European Union. The Directive is generally seen as pro-copyright legislation. Although the language of the legislation is dry and technical (and very long), there are 4 provisions which might be important to frequent readers of this blog: Articles 3, 11, 12, and 13.

Andrus Ansip, who has been leading this charge (and is the EU Commissioner currently responsible for bringing the Digital Single Market, which involves many elements beyond copyright, through to completion), referred to the trialogue agreement as “a major achievement for Europe,” as well as one that brings “real benefits for everyone: guaranteed rights for users, fair remuneration for creators, clarity of rules for platforms.”


Article 3 contains an exception for non-commercial text mining by research organizations. This should help TDM projects by reducing the uncertainty around their use of broad corpora (corpuses? Never mind) of works under copyright, such as recent scientific articles.

The subjects generating the most commentary and controversy are Articles 11 and 13. These two provisions, one creating a “neighboring right” to allow news publishers to be compensated for use of their articles by online platforms, and one holding platforms more responsible for ensuring that the content on which they profit is not infringing the rights of the content’s creators and distributors, have led to a major counter-offensive in social media and elsewhere by technology platforms (leading to the planned rallies mentioned above).

Article 12 allows (but does not require) Member States to draft national legislation that would include publishers as stakeholders entitled to remuneration —i.e., a share of royalties — under collective licensing regimes.

Other clauses of interest to both authors and publishers, as well as to users of copyrighted works, relate to the use of copyrighted materials in digital form for illustrative purposes in educational settings, and the use of out-of-commerce works by cultural heritage organizations.


European Parliamentary elections are due in May 2019 and so final enactment of the new Copyright Directive by the Parliament would have to occur well before then if it is to not be indefinitely postponed. If the Directive is enacted in 2019, then each of the 28 Member States (technically, still including the UK) would then be required to “transpose” it into national law, and would probably have two years to do so – but, given this process of national implementations, some likelihood of inconsistency arising between the laws of various EU members will continue to be a possibility.

Related Reading:

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