Norway To Digitize All Norwegian Books, Allowing Domestic IP Addresses To Read All Of Them, Irrespective Of Copyright Status

Here's a pretty amazing story from Norway: 

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French National Library Privatizes Public Domain Materials

Copyright is sometimes described as a bargain between two parties: creators and their public. In return for receiving a government-backed monopoly on making copies, creators promise to place their works in the public domain at the end of the copyright term. The problem with that narrative is that time and again, the public is cheated out of what it is due. 

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The Great Digitization Or The Great Betrayal?

One of the great tasks facing humanity today is digitizing the world's books and liberating the huge stores of knowledge they contain. The technology is there – scanners are now relatively fast and cheap – but the legal framework is struggling to keep up. That can be seen in the continuing uncertainty hovering over Google's massive book scanning project. It can also be observed in some recent digitization projects like Cambridge University's Digital Library: 

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British Library's Bitter Digital Milestone

Oh look, the British Library thinks it has passed a milestone:

The British Library has added the 500,000th item to its long-term Digital Library System. The milestone item was a digitised copy of a newspaper originally published in 1864 and scanned as part of the Library's 19th Century British Library Newspapers project, which recently made more than 2 million pages of historic newspapers available online at http://newspapers.bl.uk/blcs/

In eight pages of densely-packed text, The Birmingham Daily Post dated Monday 19 December 1864 offers a vivid snapshot of life 145 years ago. Along with accounts of an 82-year-old man who died after falling out of bed and two men before the courts for bigamy, the paper also reports on President Lincoln recommending to the US congress the passing of a constitutional amendment to abolish slavery, and 'a number of the worst "roughs" of the town' who pelted churchgoers with snowballs after several inches of snow had fallen.

The digitised newspaper joins hundreds of thousands of other items including e-journals, digital sound recordings, born-digital material received through voluntary deposit arrangements with publishers andmore than 65,000 19th century digitised books. The Digital Library System within which these items are now stored has been developed by the British Library to enable long term storage of the digital material that forms an increasing proportion of the nation's intellectual output.

Fab stuff...except:

To access the subscription-based articles in this database, you will need to first register as a user and then purchase either

* A 24-hour pass that provides you access to 100 articles over that period.
* A 7-day pass that provides you access to 200 articles over that period.

Cost?

a 24-hour pass for £6.99 allowing you to view up to 100 articles, or a seven-day pass with 200 article views for £9.99

That is: digitising content that is out of copyright, in the public domain, and then making us pay through the nose - us as in muggins public, which has kept the British Library going for two centuries thanks to our taxes, in case you'd forgotten - for the privilege of viewing it online.

Thanks a bunch, BL, for locking up "an increasing proportion of the nation's intellectual output" behind a paywall, where few will ever see it: that's what spreading knowledge is all about, isn't it? Great work from a quondam great institution, more millstone than milestone...

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Won't Somebody Please Think of the Orphans?

This is droll: the European Commission is finally waking up to the copyright orphans problem - thanks to some healthy panic induced by Google's book digitisation plans [.pdf]:

Orphan works are works that are in copyright but whose right holders cannot be identified or located. Protected works can become orphaned if data on the author and/or other relevant right holders (such as publishers, photographers or film producers) is missing or outdated. A work can only be exploited only after obtaining prior permission from the right holders. In the case of orphan works, granting such authorisation is not possible. This leads to a situation where millions of works cannot be copied or otherwise used e.g. a photograph cannot be used to illustrate an article in the press, a book cannot be digitised or a film restored for public viewing. There is also a risk that a significant proportion of orphan works cannot be incorporated into mass-scale digitisation and heritage preservation efforts such as Europeana or similar projects.

Libraries, universities, archives, some commercial users and several Member States claim that the problem of existing instruments, such as the Commission Recommendation 2006/585/EC 7 or the 2008 Memorandum of Understanding on Orphan Works and the related diligent search guidelines, is that these are not legally binding acts and that the issue of mass digitisation has not been addressed. Since non-legislative initiatives neither provide sufficient legal certainty nor solve the fact that using orphan works constitutes a copyright infringement, they advocate a legislative approach at the European level to allow different uses of orphan works. It is also stressed that obstacles to intra-Community trade in orphan works may emerge if each Member State were to adopt its own set of rules to deal with the problem.

For publishers, collecting societies and other right holders, orphan works are a rights-clearance issue. They are sceptical about introducing a blanket exception to use orphan works. For them, the crucial issue is to ensure that a good faith due diligence search to identify and locate the right holders is carried out, using existing databases.

The utter cluelessness and fatuity of the publishers' response is breath-taking: the problem is that the rights-holders *cannot be found* - that's why they're called "orphans". Demanding "due diligence" just misses the point completely.

At least this proves that publishers simply have no credible arguments against introducing an "exception" to use orphan works, for example in digitisation projects. And against their non-existent downside, the upside is just immense. Let's hope the European Commission is beginning to understand this.

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Defending the Digitised Public Domain

The European Commission has published a review of the Europeana digital library (remember that?). There's one critically important section, which touches on the hot issue of digitising public domain content:

Much of the material accessible in digital format through Europeana is in the public domain; this means it is not or no longer covered by copyright and can in principle be accessed and used by all. This material is an important source of re-use by citizens and companies alike and a driver of creativity in the internet age. For this reason, the Commission has underlined the need to keep "public domain works accessible after a format shift. In other words, works in the public domain should stay there once digitised and be made accessible through the internet".

In practice this is not always the case. While some of the cultural institutions explicitly indicate that the material they bring into Europeana is in the public domain, others claim rights on the digitised copies and/or charge for downloads. A few institutions apply watermarks and, in one case, viewing the material in a reasonable size is subject to payment. The different practices reflect the wide range of approaches across the EU, which are sometimes dictated by increasing pressure on cultural institutions to raise direct income from the assets they hold. Requiring payment for digitised public domain works also reflects the fact that digitisation has a cost. At the same time it seriously limits the cultural and economic potential of the material.

From a legal point of view the question is whether digitisation in itself creates new rights. Normally this would not be the case. However, the level of originality needed for the creation of copyright is not harmonised at European level, so the answer to the question may differ from one Member State to another.8 It may also vary for different types of digitisation (for example the scanning of books is not the same as costly 3D rendering of objects).

The issue of principle is whether it is acceptable to lock up public domain material that has been digitised with public money by public institutions instead of turning it into a pervasive asset for the information society. The latter approach is in line with the Community policy on the re-use of public sector information, as well as the OECD Ministerial Recommendation on Enhanced Access and More Effective Use of Public Sector Information.9 This issue is essential for the functioning of Europeana, since in its conditions of use the site follows the policies of the contributing institutions.

Similar issues arise when public institutions grant exclusive arrangements to private firms for the digitisation and exploitation of their unique public domain assets in exchange for material advantages. Such arrangements risk locking up public domain content, but in some cases they may be the only way to finance digitisation. This dilemma was expressed by the High Level Group on Digital Libraries in its report on public private partnerships for digitisation. The Group recommended that "public domain content in the analogue world should remain in the public domain in the digital environment. If restrictions to users’ access and use are necessary in order to make the digital content available at all, these restrictions should only apply for a time-limited period."

This is a crucially important issue. At the moment, some publishers are trying to create a new copyright in public domain materials just because they have been digitised. This is not only absurd, but threatens to nullify much of the huge potential of turning analogue knowledge into digital form. The European Commission deserves praise for highlighting this danger: now it needs to do something about it by passing legislation that settles the issue once and for all. (Via At last ... the 1709 Copyright Blog.)

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The Burney Collection: But, But, But...

The largest single online collection of English news media from the 17th and 18th centuries, the Burney Collection, is now available free of charge for the first time to Higher and Further Education institutions and Research Councils across the UK.

The Burney Collection offers unique insights into two centuries of history through access to over 1,270 newsbooks, newspapers, pamphlets and a variety of other news materials published in England, Ireland and Scotland, plus papers from British colonies in Asia and the Americas.

Digitised through a partnership between the National Science Foundation and the British Library then developed and hosted online by Gale/Cengage Learning4, the digital version of the Burney Collection has been purchased in perpetuity by JISC Collections on behalf of the UK academic and research community at a national level, following an open and transparent procurement process.

Well, that's jolly great...but: given that these are *public* collections, and have been digitised with *public* money, is it really too much to ask if hoi polloi like me might be granted a little bit of access to this great stuff?

The Recording Angel

Thousands of recordings that had been largely consigned to the realm of prehistory in the digital age have gained a new life, thanks to the tireless efforts of one man.

...

As the digital music movement started in earnest, Bolling began digitizing his records, and posted a list of first 1,500 songs he had digitized so fellow collectors could see what kind of progress he had made. Finally, he decided to upload MP3s of every song on the list so that he could access them from anywhere, and so that curiosity seekers could find them.

And so another commons is created, thanks to Cliff Bolling.

Welsh Death-Wish

As someone with a Welsh first name, I have always taken an interest in the Welsh language and efforts to promote it and keep it in the land of the living. Alas, this ain't one of them:

Scores of writers are refusing to let their works be scanned for an online archive at the National Library of Wales because they are not being paid.

A year after a near-£1m project was awarded to digitise modern Welsh writing, a dispute between authors and the library has not been resolved.

The library is putting some 3.5m words from 20th Century English and Welsh periodicals and magazines on the web.

But literature promotion agency Academi wants writers to be paid a share.

Academi chief executive Peter Finch said: "It's an extremely exciting programme: what's wrong with it is there is no small sliver in there for paying the writers.

Hello??? The "small sliver" is that your words live on and people can read the bleddy things. Refusing to allow works written in Welsh to be digitised (which costs money) is a sure way to ensure that the language languishes and becomes even more marginal in the digital age. (Via paidContent UK.)