Monthly Archives: April 2012

Article: Keeping it simple, or how to solve the Berne problem, part 2

Regard??ing ???hostage??? works of intel??lec??tu??al prop??er??ty, Pro??fes??sor Loren sug??gest??ed that the incen??tive for cre??ation had clear??ly already worked, since the work had come into being, but that the incen??tive to dis??sem??i??nate that work ??? to share it for the cul??tur??al ben??e??fit of all ??? had failed.?? In light of that fail??ure, ???waste??? should be pre??vent??ed in a way that ben??e??fits the public.?? Her fas??ci??nat??ing sug??ges??tion was that the user of such a work should be pro??tect??ed from lia??bil??i??ty for infringe??ment (if a rights hold??er aris??es), but only if the user has made a copy of the work avail??able in open??ly acces??si??ble form.?? Thus the pub??lic inter??est is served, by the acces??si??ble copy, yet the user can still make what??ev??er use she wants, even a com??mer??cial one.?? A rights hold??er that aris??es later might be able to stop that use, but the pub??lic has still ben??e??fit??ed and the waste caused by a peri??od of aban??don??ment has been pre??vent??ed.
Keeping it simple, or how to solve the Berne problem, part 2
http://blogs.library.duke.edu/scholcomm/2012/04/20/keeping-it-simple-or-how-to-solve-the-berne-problem-part-2/

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Article: Keeping it simple, or how to solve the Berne problem, part 2

Per??haps the most enlight??en??ing part of Pro??fes??sor Katz???s talk, how??ev??er, was his analy??sis of the think??ing that stands in the way of an ele??gant solu??tion to the prob??lem of orphan works.?? He spoke about how the ???per??mis??sion first??? men??tal??i??ty has become a?? kind of ???dogma??? which blinds many to the pos??si??bil??i??ty of sim??ple and sen??si??ble solutions.?? By focus??ing on the idea that all uses must be per??mis??sive, even if that per??mis??sion comes from a licens??ing orga??ni??za??tion and does not ben??e??fit the work???s cre??ator, we treat reuse of cul??ture as a kind of ???sin??? and set up a licens??ing model that par??al??lels the medieval sys??tem of indul??gences. ???The coin in the cof??fer rings and an orphan work from idle pur??ga??to??ry springs!??? This approach is inap??pro??pri??ate and deeply inef??fi??cient when we speak of cul??tur??al cre??ativ??i??ty, which is inevitably cumu??la??tive and can be seri??ous??ly under??mined by a ???per??mis??sion first??? atti??tude.
Keeping it simple, or how to solve the Berne problem, part 2
http://blogs.library.duke.edu/scholcomm/2012/04/20/keeping-it-simple-or-how-to-solve-the-berne-problem-part-2/

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Article: First sale goes to the Supreme Court, again

If my expec??ta??tions rather than my hopes are ful??filled, it will be dif??fi??cult for libraries to be secure in lend??ing any of the works they pur??chase abroad, espe??cial??ly film.?? And ven??dors who sell to libraries might have to bear the extra expense of sell??ing through a??US??out??let, if libraries become fear??ful of buy??ing abroad.?? It is an issue that the library com??mu??ni??ty, which depends for its most fun??da??men??tal activ??i??ties on first sale, needs to con??tin??ue to watch close??ly.