OR The Reports of CDL’s Death Have Been Greatly Exaggerated by Kyle K. Courtney *The opinions and scholarship communicated on this website are my own, expressed in my personal capacity. I am a co-author of A White Paper on Controlled Digital Lending of Library Books. I am not as the Publishers…
Publishers’ reply brief in Hachette v. Internet Archive: First Impressions
Dave Hansen and Kyle K. Courtney jointly authored this post. They are also the authors of a White Paper on Controlled Digital Lending of Library Books. We are not, as the Publishers claim in their brief on page 13, a “cadre of boosters.” We wrote the paper independently as part of our…
Libraries Do Not Need Permission To Lend Books: Fair Use, First Sale, and the Fallacy of Licensing Culture
*The opinions and scholarship communicated on this website are the author’s own, expressed in his personal capacity.* Licensing culture is out of control. This has never been clearer than during this time when hundreds of millions of books and media that were purchased by libraries, archives, and other cultural intuitions…
COVID-19, Copyright, & Library Superpowers (Part III)
Zoom, Zoom, Zoom: Copyright and Face-to-Face TEACH-ing in a COVID-19 World by Brandon Butler, Kyle K. Courtney, and Tucker Taylor *The opinions expressed on this website are the co-authors’ own, expressed in their personal capacity. If this were legal advice, it would come with a bill.* ===== If you work…
Of Shipwrecks, Sovereign Immunity, Pirates, and Copyright
Up for a little break from COVID-19 and copyright? Well, for this post, at least a break from the COVID-19 part. SCOTUS issued an opinion today on the “Case of Blackbeard’s Law!” (it is actually called Allen v. Cooper (18-877)). This decision is important in the copyright world, but especially…
COVID-19, Copyright, and Library Superpowers Part II
Exigent Circumstances and §108 or Don’t Stop Doc Del’ing (sung to the tune of Journey’s “Don’t Stop Believin’”) ♫Giving copyright a whirl, ♪ ♪Livin’ in a COVID world ♬ ♫Skipped the midnight train and goin’ nowhere…. ♬ *CHORUS* ♪Don’t stop doc del’ing♫ ♫Fulfill what you’re receiving♪ ♪Serving all people ♫♪…
COVID-19, Copyright, & Library Superpowers (Part I)
Fair Use and Exigent Circumstances *The opinions and scholarship communicated on this website are the author’s own, expressed in his personal capacity.* If you work in any of the higher ed institutions that are preparing to move online – maybe your copyright world has exploded in a range of questions…
Controlled Digital Lending of Library Books
This post is co-authored by Dave Hansen and Kyle K. Courtney We’re very pleased to announce the release of two documents that we believe have the potential to help greatly expand digital access to print library collections by helping libraries do online what we have always done in print: lend…
Critical EU Copyright Vote This Week: Is the Internet Doomed?
I have been watching the EU copyright drama as of late, and finally, I am nervous enough to write about it. If you want the 3-sentence summary of the background, here it is: There is a proposed new EU Copyright Directive, which will attempt to update the previous Directive from…
The Congressional Review Act & The Internet: How The FCC Might Get Burned By The Very Same Act It Used To Unhinge Privacy Rules For Broadband
The net neutrality vote at the FCC played out as many predicted. And I am not here to talk Title II, common carriers, and the depressing fact that judicial review of administrative actions are often limited. Today, I wanted to talk about another interesting Act, the Congressional Review Act, that,…