(re-post) Court Holds West, Lexis Legal Briefs Offering Is Fair Use

Interesting post on the blog Law Librarians Thinking Out Loud in the Blogosphere about attorneys trying to copyright briefs to prevent (or get paid for) use by Lexis and Westlaw in their databases.

http://llb2.com/2014/07/23/court-holds-west-lexis-legal-briefs-offering-is-fair-use/

What Does the Hathitrust Decision Mean For Libraries?

Interesting article on LLRX by Jonathan Band about fair use, particularly how it relates to digitization.
http://www.llrx.com/features/hathitrust.htm

Lexis’ response re: encyclopedia updating

You may recall that earlier CRIV received a complaint about a few state encyclopedias published by Lexis that had been changed from pocket parts to a single supplement for the whole set. I just heard from our rep that for the MN publication, Lexis will reinstate the pocket parts. I have not heard about any other publications. Those of you in other states might want to contact your reps.

From editor:
“I want to let you know that I am reversing the decision to move to a single bound supplement. It wasn’t our intention to create problems but we’ve heard the dissatisfaction from the librarians so we are going back to the pocket part supplements. Please let your clients know that we are making this change.”

CRIV at AALL

I hope you will join us for 2 CRIV events in San Antonio!

The CRIV Vendor Roundtable will be held on Monday, July 14 from 11:45am to 12:45pm in HBGCC-Room 007B. This year’s topic for discussion is “The Role of Customer Feedback in Vendor Decisions”. If you have any questions about the roundtable, please contact me.

Also, the CRIV sponsored program “The Bookless Law Library: Potential Reality or Flight of Fancy?” (H3) will be on Tuesday, July 15 from 3:45pm to 4:45pm in HBGCC-Room 214AB.

Description:
The nation’s first “bookless” public library recently opened in San Antonio. Hear from two librarians at BiblioTech, who will discuss their experiences in creating this library. Learn about their patrons, what their staff of 12 does, how their digital collection is used, and what occupies their physical space. Also, find out how this unique library is faring, including the community’s response. Then, a manager from a large law firm will explain how his firm shrunk its print collection by more than 60 percent, but has maintained the same staffing levels as eight years ago. He’ll share attorney and staff responses to this change, as well as compare electronic and print collection costs. Is a bookless library in your future? You might be surprised!

Congress.gov Adds New Features

From the news release -

http://www.loc.gov/today/pr/2014/14-109.html?loclr=rssloc

The new features include:

  • User Accounts & Saved Searches: Users have the option of creating a private account that lets them save their personal searches. The feature gives users a quick and easy index from which to re-run their searches for new and updated information.
  • Congressional Record Search-by-Speaker: New metadata has been added to the Congressional Record that enables searching the daily transcript of congressional floor action by member name from 2009 – present. The member profile pages now also feature a link that returns a list of all Congressional Record articles in which that member was speaking.
  • Nominations: Users can track presidential nominees from appointment to hearing to floor votes with the new nominations function. The data goes back to 1981 and features faceted search, like the rest of Congress.gov, so users can narrow their searches by congressional session, type of nomination and status.

Other updates include expanded “About” and “Frequently Asked Questions” sections and the addition of committee referral and committee reports to bill-search results.

 

LOC on Pinterest

The Library of Congress unveiled a new Pinterest site today. The site is intended as another way for the LOC to make its rich digital content available. http://www.pinterest.com/LibraryCongress

News Release:  http://www.loc.gov/today/pr/2014/14-108.html?loclr=rssloc

 

First Sale Doctrine

Reposted from the AALL Washington Blawg:

Guest Post: Standing up for the First Sale Doctrine

By Meg Kribble, chair, AALL Copyright Committee

Last week saw great outcry over Wolters Kluwer Aspen Law’s new Connected Casebook program. Under the proposed program, new casebooks would come with access to Aspen’s Casebook Connect digital platform including promised post-term access to the ebook edition with note taking tools and other digital bells and whistles. The catch? Students would be required to return the print books to Aspen at the end of the term, even highlighted and marked up. The tradition of selling the book to another student to recoup some of the expense would not be allowed.

Although Wolters Kluwer has backtracked and says they will continue to offer a traditional print book that students may retain or dispose of how they wish, the Connected Casebook is still an option for students and remains problematic for many reasons, perhaps most of all because of its encroachment on the first sale doctrine.

As many of you know, the first sale doctrine—allowing purchasers of legal copyrighted works to re-sell, lend, rent, or give them away—has been an important part of U.S. copyright law since the Supreme Court recognized it in Bobbs-Merrill v. Straus. The Copyright Act of 1976 codified it as 17 U.S. Code § 109. It was re-affirmed by the court as recently as 2012 in Kirtsaeng v. Wiley, applying the doctrine to works lawfully made overseas. The first sale doctrine is an essential protection of libraries’ right to lend our materials.

Wolters Kluwer Connected Casebook is troubling because it involves an attempt to shift print copies of books from a traditional sale to a license agreement. Some have suggested the proposal was a purposeful experiment to see if consumers would accept it—or as the Electronic Frontier Foundation posits, “a cynical plot to destroy the secondhand market for books.” Duke’s Scholarly Communications Officer Kevin Smith compares the plan to Ford including a provision in its sales contracts to prevent resale of its cars. Joe Patrice at Above the Law observes that Wolters Kluwer’s actions should have been foreseeable in light of Bowman v. Monsanto, the case in which the Supreme Court held that farmers could not replant seeds obtained through planting and harvesting seeds patented by Monsanto.

Librarians have already seen some of the impacts of switching from sales to licensing models having rights to digital publications curtailed compared to print editions, including not being allowed to interlibrary loan licensed material. Perhaps the most newsworthy instance was HarperCollins’ plan to require libraries to purchase new copies of ebooks after 26 checkouts, even though ebooks don’t wear out.

So what can we do?

The AALL Copyright Committee monitors issues like these for copyright implications and will alert AALL membership when there are opportunities for action to support the rights of libraries and our patrons. Watch this space, the Washington e-Bulletins, our blog or Twitter for more alerts and news. Congress is becoming active on copyright issues, so the coming years promise to be interesting.

Be informed if faculty or students—or even librarians in other disciplines—ask about the issue. Although James Grimmelman’s Change.org petition to Wolters Kluwer has been closed, there may be other petitions to watch for and sign in the future. Closed or not, the “reasons for signing” left by signers are inspiring reading!

In addition, AALL’s Vendor Liaison Margie Maes and Committee on Relations with Information Vendors are monitoring these issues for trends in the legal information industry and its impact on AALL members.

Read more about the Connected Casebook issue at the Chronicle, EFF, or Scholarly Communications @ Duke.

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