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Carnegie and Other Library Philanthropy Misrepresented by NYTimes 2011/11/09

Posted by nydawg in Archives.
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Leave it to the NYTimes to misrepresent Andrew Carnegie’s library philanthropy in hopes to suggest that one former Microsoft employee is even more generous. This article seems to be implying that any collection of “Dr. Seuss of Cambodia” books or unsold books of “Keeping Up with the Kardashians” would also qualify as a library! In my opinion, the brilliance of Carnegie’s Library philanthropy was that it required municipalities to make a commitment and buy in, and to provide land, continued funding and books, but we all know (don’t we?) that the best libraries actually hire professional librarians.

“ONE of the legendary triumphs of philanthropy was Andrew Carnegie’s construction of more than 2,500 libraries around the world. It’s renowned as a stimulus to learning that can never be matched — except that, numerically, it has already been surpassed several times over by an American man you’ve probably never heard of.. . . “He faced one challenge after another, not only in opening libraries but also in filling them with books that kids would want to
read. ”

http://www.nytimes.com/2011/11/06/opinion/sunday/kristof-his-libraries-12000-so-far-change-lives.html

DMCA, DRM and The unFair Use Act 2011/09/09

Posted by nydawg in Archives, Copyright, Digital Preservation, Information Literacy, Intellectual Property, Media, Privacy & Security.
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A few weeks ago, I reserved a copy of a Clay Shirky e-Book to take with me to Chicago.  When the book became available from NYPL, I was excited and hoped it would be a DRM (Digital Rights Management)-free PDF copy so I could download it (click the emailed link) to my netbook and transfer it to my eReader Tablet.  (It was my first time, so I was clueless.)  Oh well.  Obviously you can’t do that. . . .  or maybe you can, on a Sony eReader and the York Library.

Yesterday an old friend on facebook asked about borrowing eComic Books with the intent of ultimately preserving on some portable medium.  So I was intrigued enough to do a little research on DRM and found this informative piece from the ASIS&T Bulletin website: “Digital rights management (DRM) is commonly defined as the set of technological protection measures (TPM) by which rights holders prevent the use of digital content they license in ways that could compromise the commercial value of their products.  Restrictions on such uses as downloading, printing, saving and emailing content are encoded directly in the products or the hardware needed to use them and are therefore in immediate effect.”

The whole article is worth reading, but this one part caught my eye: “The New York Public Library (NYPL), for instance, has been considering bringing its digitized collection of dance and performance videos closer to the public outside the NYPL system as long as it is possible to restrict access to this online content to library locations only. These examples show that DRM may actually provide opportunities to expand access to online materials in ways previously not possible.”  The essay continues by examining the DMCA and its relation to DRM, pointing out that “Since the DMCA was enacted in 1998, the Library of Congress has enforced exceptions three times – in 2000, 2003 and 2006 – and was scheduled to do so again in 2009. Of the six exceptions passed in 2006, one specifically allows film and media studies professors to circumvent TPM to make film clip compilations for coursework using DVD copies held by their institution’s film-studies library. A movement has been underway to expand this exception to include K-12 educators, all subject areas and all legally obtained copies.”

And to give you a sense of what is at stake, the author writes “In February 2007, the Fair Use Act was introduced in Congress, but never passed. It would have codified into law all six exceptions from 2006, which are currently rule-made and remain subject to periodic reviews. The Fair Use Act would have permitted the circumvention of TPM for, among other cases, (1) access to public domain works, (2) access to works of public interest for criticism, scholarship, reporting or research, (3) compilations of educational film clips and (4) preservation in libraries. The latter is of particular importance as the various media with historical content, including DVDs, begin to deteriorate. Smith argued that what frightens publishers about the Fair Use Act is that, if implemented, it would render ineffectual the anti-circumvention rules. Fair use would constitute an exception so broad that decisions regarding the right to circumvent would often be made after the actual circumvention. If a content owner objected, the user could take the matter to court, and only then would a judge decide whether fair use can justify that particular circumvention. The Fair Use Act would thus defeat the anti-circumvention rule’s self-help purpose.”

So in other words, the encryption that libraries are using is controlling access to their eBooks, and the anti-copy encryption that companies are using on their deteriorating DVDs are conspiring with the law to keep libraries from providing open access in the future to our resources.  I say instead of “Fair Use Act”, we need a “Fair Copy Act” so libraries will be free to begin their media refreshment, digital migration and whatever they need to do to make sure their media collections do not become time capsules, moments of time captured on obsolete media formats.