This episode provides an overview of copyright and other legal considerations surrounding software preservation, sharing and reuse. Guests explore the “square peg, round hole” relationship between software and copyright; and examine differences in intellectual property regimes between the United Kingdom and the United States including copyright, fair use, fair dealing and technological protection exemptions for software preservation.
Time & Date:
July 11, 2018 // 8am PST – 10am CST – 4pm BST/CET
+ What are your methods for understanding the current legal and policy landscape surrounding sharing and reuse of software?
+ Can you all provide attendees with a brief overview of copyright and software/software curation in UK and US contexts?
+ What are your thoughts on various approaches for securing permissions directly from software publishers? (e.g. bespoke or targeted efforts)
+ How does the risk assessment for preservation vary from the risk assessment for access (e.g., emulation, critical code studies)
+ How could a practitioner build risk assessment into their workflows?
+ What are some strategies for lowering risk?
Websites & Blogs
United States Legal Context:
+ Albert, Kendra. (2016). The Angry Birds in the Coal Mine . RIT MAGIC Invited Speaker Series, March 3rd, 2016: https://www.youtube.com/watch?v=XB0hPZUMc1o&feature=youtu.be
+ Intellectual Property Rights Issues for Software Emulation: An Interview with Euan Cochrane, Zach Vowell, and Jessica Meyerson, by Morgan McKeehan, The Signal, January 22, 2016
+ The United States Digital Millennium Copyright Act (DMCA) 1201 Rulemaking (exemption to break technological protection measures in the service of software preservation)
– Copyright.gov/1201 – the U.S. Copyright Office homepage for the 1201 process for 2018
– Software Preservation Network 1201 Additional Comments in support of Society of American Archivists “all lawful uses” proposal.
+ Code of Best Practices in Fair Use for Software Preservation: Association for Research Libraries project landing page
+ The Copyright Permissions Culture in Software Preservation and Its Implications for the Cultural Record—Best Practices Phase 1 Report
+ How Is an App Like a Player Piano? And Does That Help the Fair Use Case for Software Preservation?—Brandon Butler, The Taper blog
+ What’s Eating Software—Brandon Butler, The Taper blog
+ Digital Preservation and Copyright, by Peter Hirtle
Canadian Legal Context:
+ Canadian House of Commons Standing Committee on Industry, Science and Technology (INDU) Statutory Review of the Copyright Act: http://www.ourcommons.ca/Committees/en/INDU/StudyActivity?studyActivityId=9897131,
+ Link to submitted brief requesting an exception for circumventing technical protection measures (currently being translated to French): https://docs.google.com/document/d/1PHQrINvwSeEao_rOEVmWjdCxsBid4UVxlIk5eI5jn7w/edit?usp=sharing
Articles & Reports
United Kingdom Legal Context:
+ Charlesworth, Andrew. (2012) Intellectual Property Rights for Digital Preservation: DPC Technology Watch Report 12-02 2012, https://www.dpconline.org/docs/technology-watch-reports/796-dpctw12-02/file
+ Kemper, Jakko; Kolkman, Daan. (2018) Transparent to whom? No algorithmic accountability without a critical audience, Information, Communication & Society, DOI: 10.1080/1369118X.2018.1477967
+ Schafer, Burkhard; Edwards, Lilian. (2017). ‘“I spy, with my little sensor”: Fair data handling practices for robots between privacy, copyright and security’, Connection science, Vol 29, pp 200-209
+ Schafer, Burkhard; Komuves, David; Zatarain, Jesus Niebla. Diver, Laurence. (2015). ‘A fourth law of robotics?: Copyright and the law and ethics of machine co-production’, Artificial Intelligence and Law, Vol 23, pp 217-240
+ Schafer, Burkhard. (2015). ‘D-waste: Data disposal as challenge for waste management in the Internet of Things’, International Review for Information Ethics, Vol 22, pp 100-106
United States Legal Context:
+ Whitt, Richard S. (2017). ‘Through a Glass, Darkly’ — Technical, Policy, and Financial Actions to Avert the Coming Digital Dark Ages. Santa Clara Computer and High Technology Law Journal, Vol. 33, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2742388