Publishers – Copyright Clearance Center http://www.copyright.com Rights Licensing Expert Fri, 17 Nov 2017 17:09:39 +0000 en-US hourly 1 http://www.copyright.com/wp-content/uploads/2016/05/cropped-ccc-favicon-32x32.png Publishers – Copyright Clearance Center http://www.copyright.com 32 32 Defining Open Access in 4 Minutes or Less http://www.copyright.com/blog/defining-open-access-4-minutes-less/ http://www.copyright.com/blog/defining-open-access-4-minutes-less/#respond Thu, 16 Nov 2017 08:00:05 +0000 http://www.copyright.com/?post_type=blog_post&p=14875 Roy Kaufman provides a quick but informative overview about Open Access and its impact on the availability of valuable content.

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Open Access has been described as everything from a business model to a movement. Join Roy Kaufman as he provides a quick but informative overview about Open Access and its impact on the availability and use of valuable content.

Open Access has been described as everything from a business model to a movement, and it generally involves the ability of users to access articles in full text from the open web, without the necessity of having to pay a license fee, a pay-per-use fee, or other provide information before being able to access the article.

There are some definitions of open access that also include licensing. Some people will define open access as requiring that the article have a license which allows people to reuse the work, make derivatives of the work, mine the work, and do other things without the permission from the original author, always so long as attribution is used. Others have less expansive versions, and generally view things to be open access so long as a user can get to it.

At a recent event called the Open Scholarship Initiative, which was sponsored by the United Nations, I participated in a panel which was out there to define “open.” Now, it was more than just open access because it was about open scholarship, and in that group, we defined openness as a continuum of various attributes. Those attributes include things not just involving reuse rights, but…

  • How open is the peer review?
  • Is the underlying data made openly available?
  • Is it searchable?
  • Is it able to be linked to on the web?
  • Can people find it?
  • Can people use it?
  • Is the sponsorship of the underlying research disclosed in a clear and concise way?

So, the moment you start talking about openness, there are a whole lot of other attributes beyond just being able to access the document, which we would all agree is the fundamental baseline, and other attributes such as the ones I’ve mentioned.

There are also several other flavors of open access which are often known as Gold Road and Green Road. Those terms can be really confusing, but the simplest way to think about it, particularly if you’re a user or author, is under the Gold Road, the article is published upon the payment of a fee to a publisher, and the article, the version of record, is then available to everyone.

Under the Green Road, which is favored by some governments under mandates, the version of record isn’t generally made available. It’s a version of the article that’s made available prior to publication. So, it might not have copyediting, links, pagination, and a lot of the value-add that publishers put on. When you access articles thus, particularly if you’re in a repository and not on a publisher’s website, you do want to check, is this the version of record or some other version, the submitted version or the accepted version, or even a version that’s been modified since publication.

Now, I realize I’ve just thrown a million concepts at you, and all of these concepts are not just complicated but often subject to dispute. So what I’ll recommend, as I often do, is some links where you can get more information.

 

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Opportunities to Digitally Transform Publishing http://www.copyright.com/blog/opportunities-to-digitally-transform-publishing-orchestrating-business-process-content-and-data-for-future-value/ http://www.copyright.com/blog/opportunities-to-digitally-transform-publishing-orchestrating-business-process-content-and-data-for-future-value/#respond Thu, 09 Nov 2017 08:00:29 +0000 http://www.copyright.com/?post_type=blog_post&p=14707 Orchestrating business process, content, and data for future value: Publishers should embrace data-driven decision-making through digital transformation.

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Orchestrating business process, content, and data for future value

The US television network NBC stumbled in their digital transformation journey when, in September 2007, they pulled out of a partnership with Apple to stream their content on iTunes. Over the next couple of months, piracy of NBC content compared to its contemporaries grew more than 11 percent while piracy of NBC content from a unit perspective more than doubled. The losses were so impactful that in less than a year, NBC did a complete reversal and accepted Apple’s terms.

The failure of NBC wasn’t a technical problem—it was a business problem. They were so focused on protecting an old business model that they failed to plan for the future.

“We need to speed up science. One thing that slows us down today is that it can take a year or longer to publish research in a scientific journal.”

When the Chan Zuckerberg Initiative launched in April of this year, president Cori Bergmann said, “We need to speed up science. One thing that slows us down today is that it can take a year or longer to publish research in a scientific journal.”

Scientific publishing provides a microcosm of the challenges that all publishers face. Primary among those are user expectations of speed, seamless workflow, and strong collaboration. Data can be processed at unprecedented volume and rates to gain new scientific insights. Technological advances in processing data result in the demand for more data. Researchers expect to easily access this data instantly.

Digital efforts—like the Chan Zuckerberg Initiative, which is funding an effort to allow researchers to share drafts of papers before the papers are published— begin to address researcher expectations.

The goal is to allow scientists and researchers to share drafts of their papers and results of their research, including negative results, before the peer review process to drive greater collaboration and speed discovery.

In a 2017 survey conducted of 25 leading STM and trade publishers in the UK and US, digital transformation was seen as “critical to business growth” while being frustratingly complex. The frustration comes from clinging to old business models and thinking that parts of the system can be saved by implementing new technologies. This was NBC’s mistake in 2007.

While changing researcher expectations is critical, emerging changes to research incentives will create more dramatic demands on publishing—for more agility, services, and innovation. Publishers, therefore, need to think bigger and move quickly.

Digital transformation is about changing business processes and systems to enable companies to bring value to market more quickly.

Related Reading: The Definitive Guide to Digital Transformation

In scientific publishing, that value is being defined by the market today as more published research results, seamless access to content, and massive data sets in addition to journal articles to feed data processing.

Publishers can gain a better understanding of their customers and embrace data-driven decision-making through digital transformation. They can establish new processes that leverage the value of existing data while capturing new data.

This requires the ability to create new workflows and manage old ones, in a way that doesn’t disrupt current business while accommodating new opportunities.

In a move seen as crazy by industry insiders, in 2011, Netflix committed $100 million to produce two full seasons of a TV series. Their data crunchers had analyzed viewing patterns of 33 million subscribers and were confident the show would be a hit. While major networks waited for Netflix to fail, House of Cards went on to become a huge success, winning Emmy and Golden Globe awards.

NBC didn’t understand the shift in user expectations in 2007. Netflix used data to defy accepted norms, investing in two seasons of shows and producing a massive success.

Publishers would be wise to learn from other content industries, recognize the power of shifting user expectations, and harness the power of data through digital transformation to create future value.

This post originally appeared in the October 11, 2017 Publishing Perspectives Show Daily Magazine (p. 21).

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Knowledge Engineering: The New Business-Value Accelerator in the Digital Transformation Journey http://www.copyright.com/blog/knowledge-engineering-new-business-value-accelerator-digital-transformation-journey/ http://www.copyright.com/blog/knowledge-engineering-new-business-value-accelerator-digital-transformation-journey/#respond Thu, 02 Nov 2017 20:00:57 +0000 http://www.copyright.com/?post_type=blog_post&p=14738 A panel of experts discusses how knowledge engineering accelerates this digital transformation in three critical ways.

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Knowledge Engineering is the Next Leg of the Digital Transformation Journey. Scholarly publishers are on a technology journey to extend their content’s value and bring customers workflows that facilitate collaboration and deliver analytic insights. Industry experts Carl Robinson, Principal Consultant, Ixxus; and Babis Marmanis, VP and CTO, Copyright Clearance Center discuss how knowledge engineering accelerates this digital transformation in three critical ways — through comprehensive data analysis that provides insights to drive discovery; through management for authors and partners based on the analysis of their relationships; and through automated granular asset identification.

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Open Access Master Class: University APCs [Video] http://www.copyright.com/blog/open-access-master-class-university-apcs/ http://www.copyright.com/blog/open-access-master-class-university-apcs/#respond Fri, 27 Oct 2017 15:00:47 +0000 http://www.copyright.com/?post_type=blog_post&p=14637 Experts discuss how integrated workflows, which leverage standards and best practices, can ease the business burden of Article Publication Charges (APCs).

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Publishers, Universities, and Funders Must Help Authors Navigate the OA Landscape. Maurits van der Graaf, Senior Consultant, Pleiades Consulting, and Laura Cox, CFO and COO, Ringgold, Inc. agree that tracking Article Publication Charges (APCs) brings costly inefficiency to the manuscript submission workflow for authors, funders and university staff.

In this Hot Spot session from Frankfurt Book Fair 2017, they discuss how integrated workflows, which leverage standards and best practices, can help ease the business burden.

Looking for more information on Open Access? Check out:

Open Access in the Corporate Context
Open Access Must-Reads, October 2017
7 Steps to Help your Authors Through the APC Maze
To Buy or Not to Buy: Proprietary vs. Packaged APC Solutions

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Finding a Third Way to Open Access http://www.copyright.com/blog/finding-third-way-open-access/ Wed, 25 Oct 2017 08:00:32 +0000 http://www.copyright.com/?post_type=blog_post&p=14288 Entrenched viewpoints on both sides of the open access debate risk leaving authors stuck in no man’s land, argues Rob Johnson.

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It is easy to set up straw men when it comes to open access (OA). On the one hand are those who believe all scholarly content should be free, with little regard for the value the publishing process adds. On the other are publishers, denounced as corporate entities prioritising the interests of shareholders at the expense of the research community.

Dig a little deeper and these binary distinctions quickly start to break down. Where should a learned society that relies on subscription revenues to fulfil its charitable mission sit on the issue? Or how do we accommodate the fact that the biggest of those corporate entities, Elsevier, is also one of the world’s largest OA journal publishers? Spend time with those on the other side of the debate, and you tend to find they are just as passionate about helping researchers get published as you are. They just have different ideas on how to go about it.

The view from the frontline

The lack of communication between different open access stakeholders has big implications for authors. A recent study for Knowledge Exchange found that researchers in six European countries sometimes take more than an hour just to pay article processing charges (APCs).

In response, many institutions have invested in their library support services and agreed to offsetting arrangements with publishers. Yet it would appear the message to authors is not getting through. Maurits van der Graaf, author of the Knowledge Exchange study, explains: ‘Several respondents failed to mention the library as an information source about OA. In some interviews, it was opportune to mention offsetting deals arranged by the library, but quite often the respondent was not familiar with this development.’

This problem cuts both ways, with publishers also struggling to convey OA options to researchers. Take the Royal Society of Chemistry’s voucher scheme, for example. Van der Graaf notes that ‘this voucher system hardly functions in the French institutions, as it is difficult to distribute the vouchers to researchers’. Add the requirements of funders into the mix, and it’s no wonder that many researchers are left dazed and confused when it comes to open access.

What the data tells us

Such a complex landscape clearly needs to be better mapped out, and there are areas where the fog is clearing. In 2009 (four years after introducing its OA mandate), the UK’s Wellcome Trust reported only a 35 per cent compliance rate. By 2016 this had risen to 91 per cent. Delivering this change took a lot of communication with authors, institutions and publishers. In 2015, Robert Kiley, Head of Digital Services at the Wellcome Library, announced a total of 4,016 email discussions with publishers over the previous decade.

In a 2016 article, Najko Jahn and Marco Tullney drew on cost data from the Open APC initiative to examine how much German research organisations spent on OA publication fees. Publication fees ranged from €40 to as much as €7,419. Meanwhile, institutions reported paying for as few as six articles, and as many as 2,800. Similar data-collection initiatives are underway at the UK’s Jisc and the Austrian Science Fund (FWF).

Unknown unknowns

These studies are as interesting for what they cannot tell us, as for what they can. Jahn and Tullney describe wide variations in APC fees at the same journal, and admit it is difficult to understand what lies behind these. Reporting mechanisms are also not yet mature: Jisc has admitted that it lacks data on APCs paid outside funder block grants, and the German study is based on self-reported data across participating institutions.

Stakeholders must work together

We are making progress in opening up published research, but we need to do much more to open up metadata and business processes. It is likely that the variations in pricing that stump institutions and researchers could be quickly explained by publishers, for example. Commercial concerns mean getting access to this information is not always straightforward, but organisations at the nexus between the different stakeholders are starting to facilitate this kind of data-sharing.

One example is CHORUS, which aims to deliver public access to content reporting on funded research. Leveraging publisher infrastructure, it has developed mechanisms to report on publicly accessible articles to funders and, now, institutions. Howard Ratner, CHORUS’s executive director, explains: ‘Increasingly we have come to see that this is a three-legged stool, involving funding agencies, institutions and publishers. If you exclude any one of those the whole thing falls over.’

Another is Copyright Clearance Center (CCC), which is working to develop an ‘institutional toolset’ for gold OA. ‘We realised that the data we gather from our publishers can be immensely valuable to institutions and funders,’ explains Jen Goodrich, CCC’s director of product management. ‘Our aim is to connect these different stakeholders through data-driven tools that can simplify workflows and increase efficiency.’

With so many organisations involved, these initiatives offer a way to bring different players together, and to ground the debate in real data. In politics, the ‘third way’ emerged as a synthesis of right-wing economics and left-wing social policies. Perhaps it’s time for us to embrace a ‘third way to OA’ – enabling us to harness the dynamism of commercial players in the interests of opening up research findings to the world.

This post originally appeared in Research Information.

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Open Access in the Corporate Context http://www.copyright.com/blog/open-access-corporate-context/ http://www.copyright.com/blog/open-access-corporate-context/#respond Tue, 24 Oct 2017 08:00:06 +0000 http://www.copyright.com/?post_type=blog_post&p=14541 In honor of Open Access Week, discover how this alternative publishing model impacts content users in the business world.

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In honor of Open Access Week, discover how this increasingly popular alternative publishing model impacts content users in the business world.

Can you Trust It? Using Open Access Materials in the Corporate World

Can you Trust It? Using Open Access Materials in the Corporate World

Do you understand the economic underpinnings of each Open Access model? Here’s your guide.

There are various flavors, meanings and models of Open Access, but once you have the basic differences down, it’s worth exploring the economic underpinnings of each model.

Understanding Open Access Research Content in the Corporate World

Understanding Open Access Research Content in the Corporate World: 4 Need-to-Know Terms and Their Definitions

To best understand what advantages can be gained from the use of Open Access content, here is a mini-primer in four areas of OA.

On March 23, 2017, the New York Times reported on a story originally published in Nature about a sting operation against predatory open access (OA) publishers. The sting was organized by a researcher whose assumed name translated to “Dr. Fraud.”

Finding a cure for cancer: open data, open collaboration and open minds

Finding a Cure for Cancer: Open Data, Open Collaboration and Open Minds

Every step towards creating a medical environment with access to anonymized open data is a step in the right direction.

“Let’s make America the country that cures cancer once and for all.”

It was this statement from former President Barack Obama’s 2016 State of the Union address that prompted the creation of a national initiative to fight cancer – the Cancer Moonshot bill

 

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Open Access Must-Reads, October 2017 http://www.copyright.com/blog/open-access-must-reads-october-2017/ http://www.copyright.com/blog/open-access-must-reads-october-2017/#respond Mon, 23 Oct 2017 08:00:03 +0000 http://www.copyright.com/?post_type=blog_post&p=14536 CCC and ALPSP team up to pick top industry headlines from Research Information, EUA, Chronicle of Higher Education and more.

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Together with the Association for Learned and Professional Publishing (ALPSP), Copyright Clearance Center is excited to share the Fall 2017 edition of the “Open Access Must-Reads” series – a thoughtfully curated selection of important articles from the past few months that expound upon “can’t miss” developments in the world of Open Access.


1) The Chronicle of Higher Education: Elsevier Embraces Data-Sharing Standards, in Step Toward Scientific Openness

The reach of the Transparency and Openness Promotion guidelines increased by over 50% when Elsevier committed its catalogue to the set of open standards. The guidelines will now be used by three of the world’s four largest scientific-journal publishers. Brian A. Nosek, co-founder and director of the Center for Open Science, counts this as a big “biggest affirmative step toward promoting data sharing across its entire journal portfolio.”

2) OA in European universities : Open Access: 2015-2016 EUA Survey results and Towards Full OA in 2020

The European University Association has issued two reports as output from the EUA Expert Group on Science 2.0/Open Science.
Open Access: 2015-2016 EUA Survey results reports on a survey which found that just over half of universities have an institutional policy on OA, with a further 23.6% in the process of developing one. However most of these are ‘encouragement’ policies and not mandates to deposit in the institutional repository. About a quarter of universities provide financial support for APCs.
Towards Full OA in 2020  provides recommendations for university leaders. It states that both Gold and Green routes to OA should be pursued, and that cost transparency is ‘non-negotiable requirement’. It states that greater awareness-raising about OA requirements and options is required, and that universities should develop policies to facilitate greater OA.

3) Australian government endorses OA

The Australian Federal Government recently confirmed its support of the recommendation for a national (and states and territories) OA policy in its response to the Australian Productivity Commission report on IP.
The recommendation (16.1) states that an OA policy should be implemented for all publicly funded research with a 12-month embargo period. The report also asks that the Australian government work to establish similar policies with the international agencies with which it collaborates.

4) Research Information: Finding a third way to open access

Rob Johnson advocates for walking a mile in each other’s shoes when it comes to the debate on open access. “The lack of communication between different open access stakeholders has big implications for authors. A recent study for Knowledge Exchange found that researchers in six European countries sometimes take more than an hour just to pay article processing charges (APCs).”

5) We’ve failed: Pirate black open access is trumping green and gold and we must change our approach

Sci-Hub has made nearly all articles freely available using a black open access model, leaving green and gold models in its dust.  Is there something structurally wrong with our approach to OA if, after twenty years, it has yet to reach sustainable ground in the industry? Toby Green answers this question and tackles the larger issue of what could be done to turn it around.

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Copyright: A Worldwide Audience Is Watching http://www.copyright.com/blog/copyright-worldwide-audience-watching/ http://www.copyright.com/blog/copyright-worldwide-audience-watching/#respond Thu, 12 Oct 2017 08:00:51 +0000 http://www.copyright.com/?post_type=blog_post&p=14416 In quite a short time, copyright has come to be seen by many as an inhibitor to creativity and innovation instead of the enabler and protector it once was.

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When did copyright become such a hot topic?

For most of my career in publishing, it was talked about rarely. When it was discussed, it seemed to be the preoccupation of lawyers and academics. Senior leaders in publishing didn’t have to think about it much, if at all. It was one of those essential foundation stones on which the industry stood: safe, secure, dependable.

Wherever you look—India, Germany, Belgium, or Brazil—you can find evidence of judicial decisions profoundly hostile to the interests of content creators…

Those comfortable days are long behind us. The foundation has been shaking for several years and continues to do so. Everyone knows why. A global, ubiquitous content network has facilitated sharing to a degree unimaginable previously. The “content demands to be free” mantra has powerful supporters in Big Tech companies and some governments. Licensing, critics say, is cumbersome and inefficient.

In quite a short time, copyright has come to be seen by many outside our industry as an inhibitor to creativity and innovation instead of the enabler and protector it once was.

It’s true to say that the consequent disruption to our industry has been felt more intensely in some countries than others.  Canada stands out in this regard.

The Canadian Crisis

The late actor and comedian Robin Williams famously likened Canada to “a loft apartment over a really great party”. The implication was obvious. All the action was in the U.S., while Canada was a place where very little happened. In the world of copyright, nothing could be further from the truth. For the past several years, Canada has been the front line in the world’s “copyright wars”, a place of seemingly endless and very public confrontation.

How did this happen? How did Canada become such a battleground, a place where rightsholders and educators have fought so bitterly, and the focus for so many other countries considering the future of copyright? The starting point for most people was The Copyright Modernization Act, a piece of legislation introduced by the Canadian government in 2012 and widely interpreted by educators as allowing them to use copyrighted content without seeking permission from, or paying, the rightsholders.

Publishers and authors cried foul immediately. The legislation, and a series of subsequent judgments from the Supreme Court of Canada, were seen as devastating to rightsholders’ business interests and very damaging to Canada’s wider cultural industries. Some publishing companies closed down entirely. Others reduced their output or diverted resources away from educational titles. Some US publishers pulled back, shuttering their Canadian operations. They, along with many commentators, complained that the pendulum had swung too far, that the essential and delicate balance between incentivizing and rewarding rightsholders on the one hand, and making content accessible and affordable for Canada’s teachers and students on the other, had been broken. Estimates of the loss to rightsholders have been put as high as $50 million per year.

Five years later and the battles are still raging on many fronts. Earlier this month, the Reproduction Rights Organization in French-speaking Canada, Copibec, publicized its class action lawsuit against Université Laval, alleging that the university “infringed the patrimonial and moral rights recognized under the Copyright Act by reproducing copyrighted literary, dramatic and artistic works, making them available and communicating them to the public without permission from the copyright owners or their representatives, by failing to identify the creators of the work and by infringing the integrity of the work.” The class action, authorized by The Québec Court of Appeal in February, was filed on behalf of “all authors and publishers from Québec, the rest of Canada, and other countries”.

Copibec’s equivalent in Anglophone Canada, Access Copyright, has had its own battles going back several years. In July 2017, it had a much-needed boost to its efforts to roll back what it sees as the anti-copyright tide when a federal court ruled in its favor in an ongoing dispute with York University. That case has focused essentially on whether the copying policies implemented by the university are fair and whether the university can decide unilaterally to withdraw from the per-student tariff scheme administered by the RRO. In his decision, Judge Michael L. Phelan sided with Access Copyright on both issues, concluding that the tariffs are mandatory and that the university’s “fair dealing guidelines are not fair in either their terms or their application”.

York University has announced that it intends to appeal the ruling, and it’s reasonable to assume that it will take months or even years for this case, as well as the Copibec one, to be resolved.

Whatever the outcomes, these and other related developments in Canada will be watched very closely by the country’s authors, publishers, and educators. But the significance of what happens in Canada extends far beyond its borders.  That’s why a worldwide audience is watching what happens next.

Leadership and Commitment

Canada’s 2012 legislation has to some extent been the basis of proposals for new copyright laws in other countries, notably South Africa and Australia, provoking fears among many rights holders that anti-copyright sentiments—what they call “the Canadian flu”—might be infecting other jurisdictions.

In Australia, rights holders and their representatives have been fighting proposals set out by the country’s productivity commission to introduce a US-style fair-use exception into its copyright law. Publishers, authors, and other creators were relieved by the news last month that the Australian government had merely taken note of the recommendation and would begin a new round of public consultation on copyright exceptions in 2018.  The very high-profile campaign mounted in Australia by its creative industries may have dodged the bullet on this occasion, but no one there is complacent about the final outcome.

Wherever you look—India, Germany, Belgium, or Brazil—you can find evidence of judicial decisions profoundly hostile to the interests of content creators; decisions that offer no protection against systematic and unremunerated copying of educational and scholarly content; decisions that refuse to recognize publishers as legitimate rights holders for the purposes of receiving monies from copying levies; decisions that have the effect of widening the exceptions to and limitations on copyright.

The news is by no means all bad for our industry, but there are more than enough discouraging signs for publishers and authors.

The good news is that we are more alert to the problems than ever before.  Awareness has increased and so has effective action.

Individual companies and trade associations have stood up, shown real leadership, and fought for their own and the wider industry’s interests, committing significant time and money in the process.

That leadership and commitment deserves to be acknowledged and applauded.  But there’s so much more that needs to be done.

A version of this post originally appeared in Publishing Perspectives.

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The Boundaries of Fair Use: The KinderGuides Case http://www.copyright.com/blog/boundaries-fair-use-kinderguides-case/ http://www.copyright.com/blog/boundaries-fair-use-kinderguides-case/#respond Wed, 11 Oct 2017 08:00:22 +0000 http://www.copyright.com/?post_type=blog_post&p=14428 Recent court case: KinderGuides condensed and simplified classic American novels - without the rightsholders' permission.

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It’s been a few weeks now, but publishers and authors are probably still celebrating their decisive victory in Penguin Random House v. Colting (aka the KinderGuides case). In holding that the KinderGuides books published by defendants Colting and Medina were infringing, the court decision establishes clear and reasonable boundaries between the exclusive rights Congress secured to creators and the ability of others to comment on and build on copyrighted works.

The case began earlier this year when Penguin Random House filed a lawsuit against the publishers of KinderGuides. KinderGuides is a series of children’s books presenting “a condensed, simplified version” of classic American novels, such as The Old Man and the SeaOn the Road, Breakfast at Tiffany’s, and 2001: A Space Odyssey. The estates of renowned authors and publishers were also plaintiffs in the suit, including the estates of Jack Kerouac, Ernest Hemingway, and Truman Capote.

The defendants argued that their condensing and simplifying of copyrighted classic American novels was permitted under the copyright law as a transformative use under the first factor of the fair use test. Judge Rakoff of the U.S. District Court for the Southern District of New York ruled in favor of the estates and book publishers, holding that the series of children’s books “infringe[d] upon plaintiffs’ exclusive right to reproduce their novels … and [their] exclusive right to exploit the market for derivative works based on their novels.” In reaching his decision, Judge Rakoff explained that “tacking on” a few pages of analysis is not enough to establish a transformative purpose. To hold otherwise would allow the transformative use fair use exception to swallow whole a copyright owner’s exclusive right to control the making of derivative works.

In upholding the limitations of fair use by clearly articulating the distinction between a “transformation” and a derivative work, the Judge reasoned “[t]he doctrine of fair use furthers [the goals of copyright] by permitting others to use existing works in ways that their owners would not ordinarily use them,” but “what fair use law does not protect is the right of others to produce works that [creators] might choose to produce themselves.”

Judge Rakoff goes on to explain that “Congress did not provide a use-it-or-lose-it mechanism for copyright protection. Instead, Congress granted a package of rights to copyright holders, including the exclusive right to exploit derivative works, regardless of whether copyright holders ever intend to exploit those rights.”

In a world where it seems like almost every day, there is another person or company claiming to have “transformed” a creative work, when in reality all they’ve done is repackage its content, this decision is incredibly important not only to the publishing community but also to the entire copyright community. For years, the copyright law has been thrown off-balance due to an undue broadening of the fair use exception and the transformative use doctrine. Hopefully, the “KinderGuides” opinion will serve as a guidepost as other judges are confronted with similar cases in the future, so that we can once again achieve balance in our copyright system.

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

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Frankfurt Book Fair 2017: A Look Ahead http://www.copyright.com/blog/frankfurt-book-fair-2017-look-ahead/ http://www.copyright.com/blog/frankfurt-book-fair-2017-look-ahead/#respond Thu, 05 Oct 2017 08:00:40 +0000 http://www.copyright.com/?post_type=blog_post&p=14363 CCC’s Director of International Relations has a few recommendations for can’t-miss events if you’re going to #FBM17.

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With Frankfurt Book Fair 2017 only a week away, CCC’s Michael Healy, Executive Director of International Relations, has a few recommendations for can’t-miss events that you should mark on your calendar if you’re going to the Fair:

  • Frankfurt Rights MeetingThis has been a “must attend” event for senior rights professionals for 30+ years. The program is always fascinating and the networking excellent. Looking forward especially to the sessions on Japan this year.
  • The MarketsThe Markets is always a great, concentrated opportunity to learn about what’s happening in particular key markets and some lesser-known ones. UK, India and Malaysia feature this year. The panel discussion on women in publishing, featuring CCC’s President and CEO Tracey Armstrong, looks like one not to be missed!
  • Knowledge Engineering: The new business value accelerator in the digital transformation journeyIf you’re a publisher interested in extending the value of your content, this session on knowledge engineering should be essential. Learn how data analysis can drive content discovery for your business with CCC’s CTO Babis Marmanis and Carl Robinson, senior publishing consultant at Ixxus.
  • Towards a copyright manifesto for international publishingCopyright is a hot topic right now and no longer just for lawyers and academics. This session features insights from those on the front line of the copyright wars, including me!
  • Open Access Master Class: University APCs: Publishers and institutional leadership require a solution for the inefficiency of Article Publication Charges (APCs). Join Maurits van der Graaf of Pleiade Management and Consultancy and Laura Cox of Ringgold in conversation with CCC’s Chris Kenneally, Business Development Director to find out what a business-minded application that serves all stakeholders could mean to the bottom line for you, and your partners too.
  • The Arts+: Frankfurt isn’t just about books these days, and The Arts+ is the place to find out what the future of the creative industries looks like. Great sessions on the interplay between tech and creativity are promised.

Exhibitors to visit:

  • IPR License: Hall 4.2, Stand E19
  • Guest of Honor 2017: France: Hall F.1 Stand A1
  • Copyright Clearance Center: Hall 4.2 Stand E18

 

We’ll see you at the Frankfurt Book Fair, 10-15 October 2017.

Join Us at the Hot Spots, Location: Hall 4.2 N99

Knowledge Engineering: The New Business-Value Accelerator in the Digital Transformation Journey Add to your calendar app: Wednesday, 11 October, 11:00–11:30

Open Access Master Class: University APCs  Add to your calendar app: Thursday, 12 October, 15:00–15:30

Visit Us at Hall 4.2, Stand E18

Book a Meeting with the team

Tweet with Us@copyrightclear#cccfrankfurt#fbm17

The post Frankfurt Book Fair 2017: A Look Ahead appeared first on Copyright Clearance Center.

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