Category Archives: Libraries

2006: Crossroads for Copyright

The coming year is shaping up as one in which a number of copyright and intellectual property issues will be highly contested or resolved, likely having a significant impact on academia and researchers who wish to use digital materials in the humanities. In short, at stake in 2006 are the ground rules for how professors, teachers, and students may carry out their work using computer technology and the Internet. Here are three major items to follow closely.

Item #1: What Will Happen to Google’s Massive Digitization Project?

The conflict between authors, publishers, and Google will probably reach a showdown in 2006, with either the beginning of court proceedings or some kind of compromise. Google believes it has a good case for continuing to digitize library books, even those still under copyright; some authors and most publishers believe otherwise. So far, not much in the way of compromise. Indeed, if you have been following the situation carefully, it’s clear that each side is making clever pre-trial maneuvers to bolster their case. Google cleverly changed the name of its project to Google Book Search from Google Print, which emphasizes not the (possibly illegal) wholesale digitization of printed works but the fact that the program is (as Google’s legal briefs assert) merely a parallel project to their indexing of the web. The implication is that if what they’re doing with their web search is OK (for which they also need to make copies, albeit of born-digital pages), then Google Book Search is also OK. As Larry Lessig, Siva Vaidhyanathan, and others have highlighted, if the ruling goes against Google given this parallelism (“it’s all in the service of search”), many important web services might soon be illegal as well.

Meanwhile, the publishers have made some shrewd moves of their own. They have announced a plan to work with Amazon to accept micropayments for a few page views from a book (e.g., a recipe). And HarperCollins recently decided to embark on its own digitization program, ostensibly to provide book searches through its website. If you look at the legal basis of fair use (which Google is professing for its project), you’ll understand why these moves are important to the publishers: they can now say that Google’s project hurts the market for their works, even if Google shows only a small amount of a copyrighted book. In addition, a judge can no longer rule that Google is merely providing a service of great use to the public that the publishers themselves are unable or unwilling to provide. And I thought the only smart people in this debate were on Google’s side.

If you haven’t already read it, I recommend looking at my notes on what a very smart lawyer and a digital visionary have to say about the impending lawsuits.

Item #2: Chipping Away at the DMCA

In the first few months of 2006, the Copyright Office of the United States will be reviewing the dreadful Digital Millenium Copyright Act—one of the biggest threats to scholars who wish to use digital materials. The DMCA has effectively made many researchers, such as film studies professors, criminals, because they often need to circumvent rights management protection schemes on devices like DVDs to use them in a classroom or for in-depth study (or just to play them on certain kinds of computers). This circumvention is illegal under the law, even if you own the DVD. Currently there are only four minor exemptions to the DMCA, so it is critical that other exemptions for teachers, students, and scholars be granted. If you would like to help out, you can go to the Copyright Office’s website in January and sign your name to various efforts to carve out exemptions. One effort you can join, for instance, is spearheaded by Peter Decherney and others at the University of Pennsylvania. They want to clear the way for fully legal uses of audiovisual works in educational settings. Please contact me if you would like to add your name to that important effort.

Item #3: Libraries Reach a Crossroads

In an upcoming post I plan to discuss at length a fascinating article (to be published in 2006) by Rebecca Tushnet, a Georgetown law professor, that highlights the strange place at which libraries have arrived in the digital age. Libraries are the center of colleges and universities (often quite literally), but their role has been increasingly challenged by the Internet and the protectionist copyright laws this new medium has engendered. Libraries have traditionally been in the long-term purchasing and preservation business, but they increasing spend their budgets on yearly subscriptions to digital materials that could disappear if their budgets shrink. They have also been in the business of sharing their contents as widely as possible, to increase knowledge and understanding broadly in society; in this way, they are unique institutions with “special concerns not necessarily captured by the end-consumer-oriented analysis with which much copyright scholarship is concerned,” as Prof. Tushnet convincingly argues. New intellectual property laws (such as the DMCA) threaten this special role of libraries (aloof from the market), and if they are going to maintain this role, 2006 will have to be the year they step forward and reassert themselves.

Introduction to Firefox Scholar

This week in the electronic version, and next week in the print version, the Chronicle of Higher Education is running an article (subscription required) on a new software project I’m co-directing, Firefox Scholar, which will be a set of extensions to the popular open source web browser that will help researchers, teachers, and students. My thanks to the many people who have emailed who are interested in the project. For them and for others who would like to know more, here’s a brief summary of Firefox Scholar from our grant proposal to the Institute for Museum and Library Services, which has generously provided $250,000 to initiate the project. Please contact me if you would like occasional updates on the project or would like a beta release of the browser when it is available in the late summer of 2006.

The web browser has become the primary means for accessing information, documents, and artifacts from libraries and museums around the country and the world, thanks in large part to the tremendous commitment these institutions have made to bringing their collections online (as either simple citations or complete text and images). Unfortunately for scholars, while tens of millions of dollars have been spent to create digital resources, far less funding and effort has been allocated for the development of tools to facilitate the use of these resources. The browser remains merely a passive window allowing one to view, but not easily collect, annotate, or manipulate these objects. Moreover, from the user’s perspective individual library and museum collections remain just that—separate websites with distinct designs and different ways of displaying their information, making traditional scholarly practices of bringing together and studying objects of interest from across these collections unnecessarily difficult.

Firefox Scholar, a set of tools incorporated into popular, open, and free web software, will address these major problems by creating a web browser that is “smarter” in two key ways. First, one tool will enable the browser to intelligently sense when its user is viewing a digital library or museum object; this will allow the browser to capture information from the page automatically, such as the creator, title, date of creation, and copyright information. Second, another tool will store and organize this information, as well as full copies of items and web pages (not just their citation information) if so desired by the user and permitted by the institution’s site, allowing the user to sort, annotate, search, and manipulate these individualized collections created for scholarly purposes. Critically, all of this will occur within the web browser itself, not in a separate, standalone application; the web browser will be used not just to discover information, but also to collect, organize, and analyze scholarly materials.