Businesses – Copyright Clearance Center http://www.copyright.com Rights Licensing Expert Mon, 24 Sep 2018 16:49:44 +0000 en-US hourly 1 http://www.copyright.com/wp-content/uploads/2016/05/cropped-ccc-favicon-32x32.png Businesses – Copyright Clearance Center http://www.copyright.com 32 32 U.S. Copyright News Must-Reads: Summer 2018 in Review http://www.copyright.com/blog/u-s-copyright-news-must-reads-summer-2018-in-review/ http://www.copyright.com/blog/u-s-copyright-news-must-reads-summer-2018-in-review/#respond Mon, 24 Sep 2018 08:00:38 +0000 http://www.copyright.com/?post_type=blog_post&p=17377 Catch up on Summer 2018’s vital U.S. copyright news with headlines selected by CCC and Copyright Alliance from Newsweek, Rolling Stone, Reuters and more.

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Each quarter, Copyright Clearance Center and the Copyright Alliance team up to share a curated selection of important articles from the past few months on copyright issues in the U.S. Check out the following blogs and articles from summer 2018:

“U.S. appeals court revives case against CBS over pre-1972 recordings” from Reuters

Is a remastered track of an oldie substantially different enough to constitute a new creation with its own copyright protections? The answer determines whether royalties for use of the remastered track are due to the original musician, or to the producers of the new master. The 9th Circuit’s recent decision reversed a trial court opinion that the remastering process produced enough originality to warrant a new copyright, which had raised the specter that works could end up with eternal copyrights as long as they were remastered regularly.

“Senate Passes Music Modernization Act” via Variety

Recently approved by the Senate, new legislation supported by tens of thousands on social media continues on-track to become a law that would “fix” licensing and royalty legislation for the streaming era.

“The CASE Act is the Solution to the Alleged Copyright Troll Problem, Not the Cause” via Copyright Alliance

H.R. 3945 – the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017 – would offer a speedier “small claims court” for individual creators and small businesses that are victimized by infringement but can’t afford to enforce their rights in federal court. (Editor’s note: as of mid-September, the bill is waiting action in the House Judiciary Committee.)

“Appeals Court Won’t Take Up Copyright Decision That Raised Alarm About Embedding, Linking” via The Hollywood Reporter

A professional photographer’s image of Tom Brady went viral on social media, and in February a judge ruled that embedding social posts with the image constituted infringement. The 2nd Circuit Court of Appeals denied an emergency appeal of that ruling as “unwarranted” (although it may be appealed in the ordinary course when proceedings conclude in the trial court).

U.S. Judge Claims Using Photo Found on the Internet is Actually ‘Fair Use’” via Newsweek

Some experts consider photography protections seriously at risk after a judge from the Eastern District of Virginia ruled that a film festival’s commercial use of an image found online (and flagged “all rights reserved”) was fair use.

Related Reading:

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U.S. Senate Approves Music Modernization Act of 2018 http://www.copyright.com/blog/music-modernization-act-introduced-house-senate/ http://www.copyright.com/blog/music-modernization-act-introduced-house-senate/#respond Wed, 19 Sep 2018 08:00:50 +0000 http://www.copyright.com/?post_type=blog_post&p=15388 A new bill - the Music Modernization Act - has bipartisan support, and may revolutionize royalties paid out from streaming music services like Spotify and Apple Music.

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Editor’s Note: This piece was originally published on Jan. 29, 2018. It has been updated with new information. 

September 19 Update: In a unanimous vote, the U.S. Senate approved the Music Modernization Act of 2018, S.2334. Once the language is reconciled with the version approved by the House of Representatives, the bill will advance to the President.

Recommended reading:

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April 11 Update: The Chairman of House Judiciary, Bob Goodlatte (R-VA) has just forwarded two new copyright bills for markup, an important milestone towards their consideration by the whole House.

The new Music Modernization Act (MMA) primarily proposes to set up a Collective Management Organization (CMO) for managing streaming royalties for musical recordings; i.e. the Spotify piece.

The second section (AMP) seeks to increase the royalty payments made to record producers and audio engineers. The third section (CLASSICS) would require royalties to be paid for streaming of pre-72 musical recordings.

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Streaming music services like Spotify and Apple Music provide unlimited online access to music for their customers, though not downloadable copies of albums or individual tracks. This popular innovation has, over the last decade, outstripped the mechanisms of law and regulation that would see creators and performers paid for these new uses of their works. But that might be about to change.

Rights in music can get sticky

If enacted, a bill recently introduced in Congress would require that a new blanket license for streaming be created and managed by a new, non-profit collecting society dedicated to this one purpose.

As it turns out, mechanical, sync, composition and other rights in music are complicated, and performing rights organizations like ASCAP and BMI (which license broadcasters and many other users of music on behalf of the composers and music publishers) have not been able, for various reasons, to quickly adapt to the new music consumer’s environment – one that now includes a lucrative streaming business.

Many trade association and membership groups involved in the music business – including the Recording Industry Association of America (RIAA) and the National Music Publishers’ Association (NMPA) – have expressed their support for these bills (which will almost certainly increase royalties paid by users to rightsholders).

After expressing some initial concerns, the National Association of Broadcasters (NAB), ASCAP and BMI have also offered support for the legislation.

Related: Music Licensing: What is Considered Fair Use?

A rare moment of momentum on copyright law

The Music Modernization Act (H.R. 4706) was introduced by Rep. Doug Collins (R-GA) and a bipartisan group of other Representatives in late December, and a Senate version of the bill (S.2334)  has now been introduced by Sen. Orrin Hatch (R-UT) and a bipartisan group of Senators. These two bills share a common goal, which is to address payment issues for royalties due from streaming music, the revenues for which have grown to tens of billions of dollars over recent years but relatively little of which revenues have made their way to rightsholders.

It’s been a while since any copyright legislation has passed out of Committee, through the two Houses of Congress and to the President’s desk, but if a bipartisan spirit holds, we may see that happen before this session is out.

Let’s hope these concerns can be quickly worked out. It would be great to see the law catching up – a little – to technology.

Related Content:

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Scientific Search: 5 Key Concepts You Need to Know http://www.copyright.com/blog/scientific-search-5-key-concepts/ http://www.copyright.com/blog/scientific-search-5-key-concepts/#respond Tue, 18 Sep 2018 09:02:26 +0000 http://www.copyright.com/?post_type=blog_post&p=17333 How can researchers cope with the deluge of data at their disposal and search more efficiently? Here’s a look at several key scientific search concepts.

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Think about the questions you type into Google. Chances are, you’re looking for instant answers to simple questions. You might look through a few different pages of results to confirm findings, but if the search engine has done its job correctly, you only need one result to be satisfied.

Now think about the types of questions researchers attempt to answer when they use search engines. The experience is far more complex than a simple query with an instant answer.

When a researcher tasked with understanding all the genes that are involved in a disease or pathway, or all the compounds that inhibit a target, or all the different ways that patients talk about a drug on the marketplace, a casual scan of top results isn’t good enough. A comprehensive, systematic view of all the information that’s out there is the only way to make an accurate claim.

So how can researchers cope with the deluge of data at their disposal and search more efficiently? Here’s a look at several key scientific search concepts:

Aggregated Search

Aggregated search is designed to bring together multiple, unlike information sources. There could be structured or semi-structured data – such as feeds or APIs that provide company-, drug-, or clinical trial-related information.

Aggregated search presents multiple information types to end users, enabling them to explore different types of content as well as visualizations, analytics, or extracted information. These act as signposts for users, helping them to explore the information and direct themselves to the most appropriate resources for their question.

Here’s an example:

Google provides relevant examples of this from a consumer search perspective, displaying location and commercial information alongside summary information boxes and in context of the traditional list of web links, while also allowing access to specific media types such as images and videos.

Personalized Search

Persanalization is about tailoring the user experience by leveraging signals collected through user interaction with a system. More specifically, personalized search is about tailoring the search experience to the user by considering the user’s context in addition to the submitted query.

This can be accomplished through explicit data knowingly provided by the user or administrators, such as user profiles that include topics of interest or areas of specialty, or through implicit signals the user provides as they go about retrieving information – such as submitting queries, filtering, and clicking on results.

The goal of personalized search is to help users find what they need faster.

Contextualized Search

Contextualized search is similar but broader in scope to personalized search.

Contextualization means that the system considers the context of an interaction – such as organization, location, and information about the user – to improve the quality of the system’s output – such as a set of search results, or overall user experience.

Enterprise Search

This is a search across enterprise information, contrasted with – for example – web search.

Federated Search

Federated search technology has a long history. It is an approach to integrating information sources for information retrieval that relies on the system to take the user’s query and submit it to various underlying data sources. The federated search system then compiles the results from the different sources and presents them to the user in a single, unified relevance sorting.

One problem with federated search is that it presumes the underlying data is largely alike – such as being all text data, for example. This means that many rich sources of information and insights for R&D users – such as semi-structured drug pipeline data, competitive intelligence information, and other content – may not be included or effectively integrated in such systems.

A second problem is that the unified relevance sorting approach presents information all together. This may inhibit the user’s ability to explore different information types or get direct answers to questions.

The Future of Search

For R&D teams, the ability to seek (and more importantly, find) information is central to success. Regardless of information being internal or external, structured or unstructured, information management and informatics professionals need to work toward the goal of removing information roadblocks, and creating a clear path to the content they seek.

 

Ready to learn more? Check out:

Wondering how R&D teams use RightFind to search, access, share and collaborate on copyrighted materials? Contact us for more information.

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Pop Copyright: Summer 2018 in Review http://www.copyright.com/blog/pop-copyright-summer-2018-in-review/ http://www.copyright.com/blog/pop-copyright-summer-2018-in-review/#respond Mon, 17 Sep 2018 08:00:45 +0000 http://www.copyright.com/?post_type=blog_post&p=17369 How have recent appearances of copyright law in popular culture impacted literature, movies, pirates and the taste of cheese?

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Underestimate the reach of copyright law at your peril – it has influenced and continues to influence nearly every major industry in the global economy. Each quarter, we recap the surprising ways that copyright has entered into major world events and popular culture.

“Edam it! The taste of cheese cannot be copyrighted, court told” via Politico Europe

Although some tastes may be as recognizable as a famous work of art, a case in the European Court of Justice finds that copyright law does not protect the flavor of a food product.

“Copyright Suit Over Blackbeard Shipwreck Footage Sinks” via Bloomberg Law

Queen Anne’s Revenge is at the center of the conflict between the State of North Carolina and an underwater videographer who alleges that N.C. infringed on his copyright by using his footage of the shipwreck.

“Cox Settles Trailblazing Lawsuit That Demanded ISPs Get Tough on Piracy” via The Hollywood Reporter

Protections against copyright infringement can be the linchpin in preventing large-scale infringement of entertainment media from BMG, Universal and Warner.

“Appeals Court Won’t Take Up Copyright Decision That Raised Alarm About Embedding, Linking” via The Hollywood Reporter

Social sharing of photographs clashes with copyright protections in the case of a tweeted photo of Tom Brady.

“G.M. Used Graffiti in a Car Ad. Should the Artist Be Paid?” via The New York Times

Graffiti may be gaining respect in the art world, but its ephemeral nature combined with the frequent anonymity of its creators leads to ambiguities in the application of copyright protections.

Related Reading

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Advanced Technologies on the Horizon for Knowledge Managers – But We’re Not There Yet http://www.copyright.com/blog/advanced-technologies-knowledge-managers/ http://www.copyright.com/blog/advanced-technologies-knowledge-managers/#respond Tue, 11 Sep 2018 15:39:25 +0000 http://www.copyright.com/?post_type=blog_post&p=17309 CCC conducted a survey of knowledge management professionals across 17 industries, including healthcare and tech. Here's what we learned.

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Sharing knowledge across the enterprise isn’t a new challenge – but the way knowledge professionals approach this task is rapidly evolving. Burgeoning digital transformation tools have the potential to break down information silos, but across industries, most of us are both intrigued by (and a little skeptical of) the benefits that new technologies promise to deliver.

In a recent article in Information Management, CCC researcher Dave Davis spoke on the evolution of knowledge management. A popular business trend in the 90s, knowledge management fell off the radar slightly in the early 2000’s, only to bounce back to the forefront in recent years.

Davis says that’s attributed to the monumental shifts in advanced technologies, and the sheer volume of data and information being generated by today’s digital-first organizations. Knowledge managers today, he argues, are well positioned to move the knowledge supply chain along more efficiently than ever before.

While the challenges that led to knowledge management falling off the radar in the late 90s may be patched up in 2018 – new challenges have emerged.

To elucidate those challenges, CCC conducted a survey of knowledge management professionals across 17 industries, including healthcare, technology, government and insurance.

Data from this study suggest that top challenges among knowledge managers include:

  1. Capturing tacit knowledge, making it explicit and accessible
  2. Standardizing knowledge management across the enterprise
  3. Breaking down information silos across teams and functions

More data means more insights, right? Not yet.

As information professionals, we talk at large about the abundance of data we have at our disposal. With more data available than ever before, it seems logical we’d be able to infer more insights from information. But this is made more difficult because the information sources are often disparate and siloed.

While 36% of the knowledge professionals we surveyed focus on both internal and external information – 54% focus solely on internal information. Over time, knowledge managers will need to expand their expertise beyond a company’s internal assets—from documents to subject matter experts—to include external information sources.

Gaining access to both types of information easily will be a crucial factor in building a foundation for successful digital transformation. Who better to spearhead this initiative than knowledge managers?

As Deborah Soule, digital transformation researcher at MIT,  points out: “organizations becoming digital should practice collaborative learning — sharing information readily across locations, disciplines and status boundaries to solve problems.”

Advanced technologies are on the horizon – but we’re not there yet

Artificial intelligence and machine learning are buzzwords across all industries and job functions, but where do these tools come into play in the knowledge management arena?

At the most basic level, companies need systems to store, process, and retrieve information and knowledge. This is likely to look different from company to company, depending on the systems, sources, and services enterprises have built into their businesses over time. We know their goal is to be able to take data that have been integrated and evaluated, and ultimately turn the insights from this mass of information into knowledge.

“Fully digital knowledge management systems offer features that previous iterations were not capable of,” Davis explains. “A cloud-based enterprise knowledge system means no dusty rows of metal filing cabinets and no teetering stacks of paper. Automated metadata tagging and instant document recall with the click of a mouse make the user-experience of today’s KM nearly effortless.”

While our research suggests not all organizations have integrated advanced technologies yet – it’s clear that it’s on the horizon:

  • 52% of our survey respondents are not using advanced technologies like cognitive computing, big data, knowledge analytics or robotic process automations.
  • 48% are using or plan to use advanced technologies in the next 12-18 months
    • 29% are using these technologies
    • 19% plan to use them in the next 12-18 months
  • 71% of respondents believe advanced technologies are either a great opportunity for KM (52%) or are a very attractive opportunity for KM over time after the initial disruption of the technologies (19%)

Combining knowledge & technology

In our experience, knowledge discovery is best served through a combination of machine learning guided by expert knowledge. That means knowledge managers will need to look for opportunities to partner with data scientists, informaticians, and other stakeholders in R&D or IT to collaborate on data sources, standards, and to set expectations about the human augmentation necessary to optimize machines. Ultimately, knowledge managers that embrace new technologies will be better equipped to implement and apply the best practices of tomorrow.

 

Related Reading:

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Creating a Culture of Knowledge Sharing Part II: Seizing the Opportunity to Capture Institutional Knowledge http://www.copyright.com/blog/seizing-opportunity-to-capture-institutional-knowledge/ http://www.copyright.com/blog/seizing-opportunity-to-capture-institutional-knowledge/#respond Tue, 28 Aug 2018 07:38:59 +0000 http://www.copyright.com/?post_type=blog_post&p=17175 While preserving and sharing knowledge can’t guarantee success in the market place, companies owe it to themselves to recognize the importance of capturing what their employees know before it’s too late. 

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In Part 1 of this post, we learned companies that do not capture institutional knowledge are likely to experience inefficiencies in both costs and productivity when employees leave the workplace.

According to the Panopto Workplace Knowledge and Productivity Report, much of the inefficiency following an employee’s departure is caused by colleagues spending an average of 5 hours waiting for coworkers to fill the void created by the loss of institutional knowledge.  This reflects time spent either waiting for vital information from their colleagues or working to re-create existing institutional knowledge, and is estimated to cost $47 million in productivity each year.

This wasted time translates into delayed projects, missed opportunities, frustration among employees, and significant impact on the bottom line.

Seizing the Opportunity to Capture Institutional Knowledge

Many large work places have no formal plan for capturing institutional knowledge and sharing it throughout the organization.  While informal conversation regarding work and projects is valuable in other ways, failing to preserve institutional knowledge as a more formal construct is a disservice to employees and the company itself.

Imagine you are part of a business development team from which three client services managers have recently departed.  You are now responsible for creating a proposal to a new client.  You understand from various conversations in the past that there are five different templates available to draft proposals, and that each template has various refinements and tweaks.  Because the template expert has left the company, you spend the next 3 hours trying to track down people who can help you determine which template you should use.  Recognizing that time is of the essence and with no response from your emails and calls, you put the proposal into the template that seems to make the most sense, which takes another 3 hours.  The following morning, you receive an email directing you to a different template, and you spend the next 2 hours converting the proposal from one template to another.

But what if the scenario was different?  Imagine how much time you’d save if were able to log into an enterprise-wide system that utilized a video to walk you through the templating process.  Or if your department had instituted a shared library of templates with complete instructions regarding the appropriate use of each template?

You Can Lead the Way!

The Panopto report queried the 1,001 respondents as to whether they felt that capturing organizational knowledge was an important process.  More than 60% of the respondents reported that they would prefer working for an organization that has a plan in place to preserve institutional knowledge and that organizations who fail to support such a culture are making a mistake.  Notably, 85% of the respondents believed that knowledge sharing is important or very important.

There are ways that you can begin the process of transferring knowledge from your own head to a company- wide audience:

  • You can start by posting your work flows, tools, and documents to a shared department drive, rather than on your hard drive.
  • Ask a colleague to make a simple video that captures you explaining a certain task or workflow.
  • Find like-minded employees in other departments and establish a community of practice, where you share your best practices and then create a log that is searchable on a shared drive or Intranet.
  • Ask your in-house training/leadership group if there are ways you can share content via a learning management system.

While preserving and sharing knowledge can’t guarantee success in the market place, companies owe it to themselves to recognize the importance of capturing what their employees know before it’s too late.  It’s good for the bottom line—and for employee satisfaction.  What could be better?

 

Related Reading:

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Copyright Legislation in 2018: 4 Pending Bills to Know About http://www.copyright.com/blog/copyright-legislation-in-2018-4-pending-bills-to-know-about/ http://www.copyright.com/blog/copyright-legislation-in-2018-4-pending-bills-to-know-about/#respond Mon, 20 Aug 2018 15:37:48 +0000 http://www.copyright.com/?post_type=blog_post&p=17159 Copyright Alliance’s Keith Kupferschmid sizes up the prospects for four popular copyright-related congressional bills in the latter half of 2018.

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For additional blogs by Keith and the Copyright Alliance team, please click here.

Back at the start of 2018, I reviewed several copyright bills pending before Congress and tried to predict which legislation might move forward this year. As we hit the mid-year mark and the legislative days remaining on the Congressional calendar dwindle, it makes sense to revisit these bills with an eye toward what may or may not move forward in the coming weeks and months.

H.R. 5447 and S. 2823, Music Modernization Act

Status: On Track

In January, I made the bold prediction that the bill “most likely to move forward in 2018 is actually one that wasn’t introduced until the end of 2017,” called the Music Modernization Act (MMA).

The MMA combines the previously introduced Music Modernization Act (MMA) of 2017, CLASSICS Act, and the AMP Act, and will, among other things, result in the most significant improvement of music copyright law in more than a generation. When passed, the bill will make it easier for creators across the music industry to earn a fair living through their creativity and will positively impact how music is licensed. It will enable legacy artists (who recorded music before 1972) to be paid royalties when their music is played on digital radio, and provide a consistent legal process for studio professionals – including record producers and engineers – to receive royalties for their contributions to music that they help to create.

The MMA has made its way through Congress steadily throughout 2018. There have been several bumps along the way, resulting in changes to the bill in the spirit of compromise, but none of these obstacles have proven fatal. Ultimately, the many diverse supporters in the music and technology industries, academia and the public continue to push Congress to repair a music ecosystem in need of fixing.

The diversity and breadth of support for the bill is so unheralded that it has resulted in unanimous passage in every instance it has been considered by Congress. Here’s a look at the timeline:

  • In April, the bill flew through the House Judiciary Committee by a vote of 32-0.
  • Riding that wave of support, two weeks later, the bill then passed the House of Representatives by a monumental 415-0 vote.
  • From there, it moved to the Senate, where it was considered along with its Senate counterpart S. 2823 by the Senate Judiciary Committee, which (following a May 15 hearing) passed a manager’s amendment to the bill by a unanimous voice vote in June. During the vote, a few issues were raised by Senate Judiciary Committee members that have now been, or are in the process of being, addressed by the stakeholders. While some of the issues are significant, as of the writing of this blog, most were either resolved or on a trajectory to being resolved in the coming days or weeks.

The bill continues to move toward a floor vote. With close to 50 Senate co-sponsors and more likely to join, it seems certain the full Senate will pass a revised version of the MMA when given the opportunity.

Because this legislation is different than the version that passed the House, if the Senate passes the revised bill, the bill must go back to the House for a vote. Given the results when the bill was first considered by the House, it seems certain that it will pass the House and then land on the President’s desk to be signed into law at some point later this year.

H.R 1695 and S. 1010, the Register of Copyrights Selection and Accountability Act of 2017

Status: Slow Progress

In April 2017, the House passed H.R. 1695, the Register of Copyrights Selection and Accountability Act of 2017, a bill that would make the Register of Copyrights a presidential appointee confirmable by the Senate, by an overwhelming 378-48 vote. At the time, this was a significant accomplishment, as it represented the most substantive, stand-alone copyright bill to pass through the House in a decade (since the PRO-IP Act, which passed in 2008). Of course, now this feat is somewhat less impressive when compared to the tremendous support received for the MMA in the House.

After passing the House, H.R. 1695 headed to the Senate for approval where it was joined by companion bill S. 1010. Instead of being referred to the Senate Judiciary Committee, where virtually all copyright bills are sent, the bill was referred to the Senate Rules Committee. The Rules Committee rarely considers legislation relating to copyright or the U.S. Copyright Office, and therefore there was a significant learning curve for the Committee staff that took up most of the second half of 2017. At the same time, the Librarian agreed to pause her search for the next Register while Congress considers the legislation.

In April, the Rules Committee was continuing to consider the bill when Senator Thad Cochran, who chaired the Senate Appropriations Committee, retired. This sent a ripple through Congress that would result in Senator Shelby moving from the Chairman of the Senate Rules Committee to become Chairman of the Senate Appropriations Committee, and Senator Blunt taking his place as the new Chairman of the Senate Rules Committee. As with any change in leadership, it takes time for the new Chairman and the Committee staff to get up to speed. But now, with staff in place and several months to consider the bill, it appears that that S. 1010 is primed to move forward by the Committee. Accordingly, time permitting, the Committee may act on the bill later this summer, and hopefully the full Senate can consider and pass the bill before the end of the year.

H.R. 3945, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017

Status: Holding Pattern

Another bill that received a lot of attention and support in 2018 is H.R. 3945, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017. This proposed bill would create a small claims board within the Copyright Office to provide copyright owners with an alternative to the expensive process of bringing infringement claims to federal court. This new board, called the Copyright Claims Board (CCB), would cap damages at $15,000 per work infringed and $30,000 total.

During the House Judiciary Committee markup of the MMA, Chairman Goodlatte and Ranking Member Nadler expressed support for marking up the CASE Act. Despite this strong bipartisan support, little opposition and support from tens of thousands of creators across the country, the bill has yet to be considered by the House Judiciary Committee. It is possible that the Committee may take up the bill when the House returns from its August recess, but there are so few legislative days remaining on the calendar that this is becoming more unlikely. Instead, it is more plausible that the CASE Act will be reintroduced next year as one of the first copyright bills to be considered by the Committee in early 2019.

S. 2559, Marrakesh Treaty Implementation Act

Status: Full Speed Ahead

In March, S. 2559, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled — which would amend U.S. copyright law to allow the U.S. to implement its obligations under the Marrakesh Treaty — was introduced in the Senate.

Both the Senate Judiciary and Foreign Relations Committees held hearings and unanimously passed the bill. Then, in late June, the full Senate passed S. 2559 by unanimous consent (and also provided its advice and consent for ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled).

After more than ten years without any copyright legislation being passed, it now seems like Congress is on the verge of passing as many as three copyright bills. And with the copyright legislative draught apparently over, and the Small Claims bill being teed up for next year, this momentum shows no sign of stopping.

Related Reading

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Creating a Culture of Knowledge Sharing: Improving your Productivity and your Bottom Line http://www.copyright.com/blog/culture-of-knowledge-sharing-improving-productivity-bottom-line/ http://www.copyright.com/blog/culture-of-knowledge-sharing-improving-productivity-bottom-line/#respond Tue, 14 Aug 2018 08:51:32 +0000 http://www.copyright.com/?post_type=blog_post&p=17112 It's difficult to quantify productivity or financial costs related to inefficient knowledge sharing - but new research from The Panopto Workplace Knowledge and Productivity Report does just that.

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Part I

Fluid and open knowledge sharing is crucial for organizations to make quick and effective decisions.  While most organizations have effective processes in place to consolidate the knowledge provided by various print and electronic resources, it is much more difficult to capture the knowledge inside an employee’s head.  This is referred to as ‘unique knowledge,’ or the individualized experiences an employee has acquired from exposures to various work environments.  Unique knowledge is different than ‘standard knowledge,’ which typically comprises professional training and formal education.

But what happens when a company routinely loses employees?  According to LinkedIn member data on half-a-billion professionals, worldwide turnover rate in 2017 was 10.9% – with technology and software as the highest sector for turnover.  This is problematic, because each employee leaves with his own unique knowledge. If left uncaptured, coworkers need time to replicate that knowledge—typically a slow and inefficient process.  Uncaptured unique knowledge can shut down an entire work stream, present obstacles to new employees and cause massive frustration among employees who no longer have access to their colleagues’ knowledge and experience.

The Productivity Cost of Inefficient Knowledge Sharing

It is extremely difficult to quantify either the productivity or financial costs related to inefficient knowledge sharing.  However, the Panopto Workplace Knowledge and Productivity Report recently attempted to do just that.  In a first-of-its kind study of 1,001 U.S. employees at large organizations, workers with an average of 15 years’ experience were surveyed regarding the importance of three different knowledge types within their organization.

First, the employees were asked how much of their current job relies on standard versus unique knowledge.  Respondents reported that 58% of the knowledge they need to do their jobs is standard and 42% is unique.  This suggests that when Jane—a valued team member—leaves the company, coworkers will be unable to perform 42% of Jane’s job.

When asked to rank unique knowledge against professional training and formal education, employees believed that unique knowledge comprises 51% of their workplace knowledge; 54% perceived that unique knowledge is the most important type of knowledge in the workplace; and 81% believed that unique knowledge is the more difficult to replace than either professional training or formal education.

Of note is that among those surveyed, 80% reported being frustrated at the inability to access a former colleague’s institutional knowledge, while 25% said they were overwhelmed.  Companies with higher rates of turnover (more than 20%) were 60% more likely to feel that it was very difficult or almost impossible to access the information they needed to do their jobs properly.

As employees leave their jobs, it’s likely that new people will be hired in their place.  This study was able to quantify the effect of new hires in the workplace.  The authors compared the total number of inefficient hours for employees with one year of service to those with multiple years of tenure.  Being new to the job was associated with 28 hours of inefficiency per month—time that was spent asking co-workers for help, waiting for information, and duplicating their coworkers’ efforts.

While this study has limitations in both its design and its execution, it does quantify what most workplace managers have known for a long time—companies who do not capture institutional knowledge leave themselves vulnerable to cost and productivity inefficiencies.

Ready to learn more? Part Two of this series addresses the financial costs of inefficient knowledge sharing, as well as strategies to minimize the knowledge drain that occurs when employees leave the workplace and take their unique knowledge and experiences with them.

Related Reading:

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Understanding “The Rules” of Content and Information Sharing in a Global Organization http://www.copyright.com/blog/understanding-the-rules-of-content-and-information-sharing-in-a-global-organization/ http://www.copyright.com/blog/understanding-the-rules-of-content-and-information-sharing-in-a-global-organization/#respond Tue, 07 Aug 2018 06:57:37 +0000 http://www.copyright.com/?post_type=blog_post&p=17080 Sharing information across a global enterprise should be encouraged, but it’s often stymied by old habits and information silos. Some… Read more

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Sharing information across a global enterprise should be encouraged, but it’s often stymied by old habits and information silos. Some of the causes are:

  • Employees don’t know the rules for sharing information across functions and cultures, so they don’t communicate at all.
  • Departments don’t know what their colleagues are working on, so they don’t know with whom they should share. In these cases, similar projects might be duplicated in different regions and groups, duplicating the effort and spending.
  • People “information hoard” with the goal—whether conscious or unconscious—of protecting their jobs. They believe that if they share information, they’re giving up what makes them valuable. This is most prevalent in organizations that are increasing their outsourcing and offshoring.

As information professionals, we have greater insight into what departments are working on than other employees because they come to us with questions and research requests. We can break down silos and educate the organization about sharing information responsibly, for internal as well as externally published documents.

It’s best to reframe thinking about sharing from “Who needs to know?” – which is hard to define — to “Who’s not permitted to know this information?” This way, people eligible to know certain information can access it, even if we didn’t know they need it. There are three ways to start this transition.

1. Educate

Employees across the enterprise must be educated about what they can and cannot share. For information created in-house, determine if there a business, legal, or regulatory reason to limit access to certain people or departments. If the information was published externally, determine if you have the rights to share it. Always work with your legal and IT departments to help users understand compliance and security requirements.

2. Reward

Create rewards for global collaboration. In our organization, we traditionally put together end-user information services training and resources in the United States. This content would be shared with other regions, which each would adapt for their local users.

It worked, but it worked even better when we brought together a cross-functional global team to create a master set of global assets. Teammates from around the world participated on equal ground with U.S. teammates who had previously owned the process. The modular assets we created were the most comprehensive, effective, and ready-to-use we ever had. Being part of that leadership group rewarded our global teammates who hadn’t been recognized before, just by raising their visibility.

We’re still reaping the benefits. Our global teammates now are advocates for information services, take leadership in advancing our knowledge management objectives, and continue to generate innovations — even though the original team’s task is complete.

3. Trust

Remember that everyone is working for the same organization. Companies operating in certain regions prone to high employee turnover and IP protection issues can be reticent to share globally, even within their own organization.

Information professionals can address issues of trust by educating people about compliance and best practices, connecting the right people, and doing their part to engage employees across the globe. Employees all sign the same confidentiality agreements, and we should trust our employees to honor them. If we didn’t do this, we shouldn’t hire them or operate there. Engaging and valuing each employee so that they feel personally invested in the business can reduce the chance that they will walk away with our knowledge and share it where they shouldn’t.

Ready to learn more? Check out:

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Essential Resources for Life Sciences Organizations Undergoing Digital Transformation http://www.copyright.com/blog/life-sciences-digital-transformation/ http://www.copyright.com/blog/life-sciences-digital-transformation/#respond Tue, 31 Jul 2018 07:54:39 +0000 http://www.copyright.com/?post_type=blog_post&p=17071 For life sciences organizations to undergo successful digital transformation, they need tools that facilitate fluid access to relevant data.

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Digital transformation can be considered a journey of building new capability in the organization. The ability to self-organize fluidly, to collaborate seamlessly, to experiment systematically, and to make market/customer-focused decisions rapidly are essential for success in a fast-changing digital environment. This capability, called digital dexterity, comes from people using digital technologies to think, act and organize themselves in creative and productive ways.

The right tools and data are key enablers for building digital dexterity.  In particular, through previous research at MIT, we’ve found that access to current (timely) and integrated data is correlated with greater digital dexterity.  Access to effective communication, collaboration and coordination tools is also correlated with greater digital dexterity.

Technical and scientific industries, like the life sciences, are extremely data-intensive businesses, especially in the R&D function.  As research and development efforts target increasingly complex problems, collaboration is a crucial component of the R&D process.  Thus, tools that support seamless access to necessary data and effective collaboration can be particularly fruitful for these companies in their digital transformation efforts.

Effective tools for the R&D intensive industries should consider at least three kinds of stakeholders:

  1. Researchers
  2. Publishers
  3. Enterprises

Researchers focus on the characteristics of their research problem on a day-to-day basis. They don’t want to struggle to access relevant sources, nor worry about if and how they might share those sources with their collaborators.  Nevertheless, these issues are of concern to both publishers of content and the enterprises themselves that must validate and assure their research processes and outputs.

Copyright licensing has addressed these concerns, enabling enterprises that subscribe or otherwise legally acquire content to also share, store and make copies of that content in line with their intrinsically collaborative research processes.  Within enterprises, however, there is still the challenge of finding the right content relevant for a particular research stream, at the right time, and ensuring that content sharing is appropriately limited to partners and collaborators according to the license. Relatedly, there is the challenge of incorporating new information such as research findings (or failures), documenting its sourced content, and retaining it over the lifecycle of a research effort, for use in downstream activities.

Two categories of tools are emerging that support the data-intensive and collaborative activities prevalent in the life sciences:

Content management tools

These tools, which are configurable to the enterprise organizational structure and incorporate decision engines, can overlay licensing arrangements and ensure that, within an enterprise, content is both limited but also easily visible and accessible to authorized researchers and other professionals.

For an individual researcher, the content management interface must be transparent, giving them flexible access to all the relevant input sources available through their enterprise license. Effective content management tools give researchers the ability to seamlessly search, annotate, print or share content with collaborators within the natural flow of their research activities.

At the same time, content management tools offer enterprises and associated publishers the assurance that research is being conducted thoroughly and systematically, while referencing content appropriately within the bounds of the relevant licenses.

Related Reading: Enterprise Content Management – Helping You Declutter Your Content

Workflow support tools

These tools also address the data and collaboration needs of the life sciences by contextualizing content used in characteristic activities such as grant applications, FDA submissions and article publication.

For example, researchers increasingly need to share their datasets as part of the publication process. Enterprises need to provide detailed documentation about clinical trials, which might extend over many years, as part of an FDA application. Workflow tools incorporate templates to help ensure that, for these routine, but complex, activities, essential information sources are included, decisions are fully documented and approved by authorized decision-makers, and all stakeholders are fluidly kept informed of progress.

What’s the impact?

For life sciences organizations to undergo successful digital transformation, they need tools that facilitate fluid access to relevant data. But don’t forget – alongside these tools, organizations need to integrate expertise from several disciplines, such as molecular biology and organic chemistry, statistics and machine learning, computer science and systems engineering.

The bottom line? Tools are important – but they’ll only go so far if your organization lacks overall digital dexterity. Organizations that will be successful in digitally transforming need to rely on a strong combination of people, process and technology.

Keep Learning:

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