Within minutes of each other, two friends from separate corners of the world sent me a tip about the following:

Slashdot pointed to this BBC News that talks about the ill effects of DRM on libraries.

What’s DRM? It’s that “digital rights management” component of some software and media that supposedly protects against illegal copying, but more often prevents legitimate users from enjoying the stuff they’ve bought legally. Now think about how this works (or doesn’t) in libraries…

Thanks to Zach and Roderick for the tip.

library, libraries, drm, digital rights management, copyright law, copyfight, drm more restrictive than copright

Michael Sauers pointed out Q-Unit, a mashup of Queen and 50 Cent. They’re sure to have Disney (the rights owner for Queen’s catalog) on their back soon. At least, it didn’t take Disney long to shut down The Kleptones, whose “A Night At The Hip-Hopera” has a spot on my iPod.

And that’s where the story comes around, are we at the point where we can say Queen’s music has taken on the status of a modern fairy tale? And are these artists — The Kleptones and Q-Unit — the new Disneys, remaking old tales for new times?

disney, queen, mashup, copyfight, copyright, copyright law, q-unit, music, rock, rap, hip hop, remix, remake

The MTA, the folks who run New York’s subways and busses and such, weren’t the only ones to smack a cease and desist down on iPod Subway Maps last week, but they’re the first to tell they can pay $500 for the privilege of distributing those maps in an iPod-readable format — but only for non-commercial distribution.

Cluetrain moment: doesn’t the MTA understand that services like this serve potential tourists like me? Don’t they understand that the availability of such maps increases both the likelihood of my visit and the commercial opportunities of my visit (tourists don’t spend money in subways)?

What I really want to leave with, however, is this: Barb Dybwad at Engadget got this one right when she aknowledged the two sides of the issue and added:

These are exactly the kinds of cases in which traditional copyright law feels unsatisfying in the age of digital mashups, and we can only see the demand for these kinds of “information conversions” increasing.

tags: cease and desist, conversions, copyright law, distribution license, engadget, ipod, ipod subway maps, ipodsubwaymaps.com, mashups, mta, subway maps, subways

Back when I was looking things up for my Digital Preservation and Copyright story I found a bunch of info the University of Texas System had gathered on issues related to copyright, libraries, and education. In among the pages on copying copyrighted works, A/V reserves, and electronic reserves I found a document titled: Educational Fair Use Guidelines for Digital Images.

It’s some interesting stuff — if you get excited about copyright law. Beware, however, that they cite Texaco a bunch, and Laura Quilter has issues with that.

tags: copyfight, copyright, copyright law, copyrighted works, digital preservation, edu, electronic reserves, fair use, laura quilter, libraries, copyright and libraries, university of texas

We’re struggling with the question of what to do with our collection of vinyl recordings. They’re deteriorating, and we’re finding it increasingly difficult to keep the playback equipment in working order — the record needles seem to disappear. We’re re-purchased much of our collection on CD, but some items — this one might be one of them — are impossible to find on CD.

So we’re considering digital preservation, capturing the audio of the records and scanning the dust jackets. I’m no lawyer, but it looks like Section 108 of the copyright code allows us to make preservation copies of works that are or were originally in our collection, but are damaged, deteriorating, lost, stolen, or if the existing format of the work has become obsolete. (It’s a little easier to read Cornell Law School’s version.)

Subsection C appears to specifically allow digital preservation under the following conditions:

• the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and
   
• any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

Thoughts?

tags: copyfight, copyright, copyright code, copyright law, digital preservation, libraries, library, records, section 108, vinyl, vinyl recordings

Microsoft CEO Steve Ballmer did another one of his monkey acts when he went ape about music and DRM.

Most people still steal music…We can build the technology but there are still ways for people to steal music.

The most common format of music on an iPod is ’stolen’.

It could just be a picture of what happens when Microsoft wakes up and realizes it doesn’t own and can’t control everything, but it also reveals a lot about where the company is going. Ballmer could have said that the shifting of purchased music from one device or format to another is a legally protected form of fair use (at least for now). Instead, he argued something like “Microsoft’s DRM is the only solution to piracy.” Anyway, it’s a crock of shite. Teleread (always an anti-DRM advocate) has picked up on it.

– And –

tags: arstechnica, content, content consumer, content creator, copyfight, copyright, copyright law, drm, ipod, piracy, shite, steve ballmer

Copyfight’s Donna Wentworth reports on an article by Laura Murray about copyright law in Canada. Here are some items quoted from that work:

Spend more than a few minutes browsing Canadian court rulings, policy materials, or public hearings on copyright, and you will come across somebody seeking or promoting “protection.” “Protection” seems to be a good thing, and somehow copyright provides it, or should be providing it. But protection of what? Protection from what? … Only a few argue for protection of consumers or those whose creativity builds on copyrighted works, and fewer still the citizenry or the public domain.

How do we differentiate between “creator” and “consumer?” Are they really “distinct entities placed on either side of a fulcrum(?)”

In fact, as many have pointed out, we cannot draw a firm distinction between “creators” and “users”: every single person alive on earth is a consumer of culture, and anyone who ever puts pen to paper (or finger to keyboard) is also a creator.