Vincent G. Rinn Law Library

Magazine Writers, Latest Challengers To Google Books ?

Ever since Google's announcement of its mass digitization project including several high-profile university and public libraries in 2004, legal suits have accompanied its continuing development. Not long after the Authors Guild and the Association of American publishers sued Google for violation of copyright.

In the intervening years Google continued to add contributing library partners, including several non-US libraries to the project. After two years of negotiation in the Authors' and Publishers' law suit, a settlement was reached in 2008. The settlement avoided the need to get a ruling on the merits of the copyright issues 

Instead an agreement was reached for Google to compensate the plaintiffs  in exchange for the right to make millions of books available to the public. But the settlement triggered hundreds of objections from such stakeholders as journalist, fantasy writers, foreign authors and publishers and Google competitors, Amazon and Microsoft.

A revised agreement was also heavily challenged. The litigation continued until March 2011 when Judge Chin finally rejected  the attempted settlement.  The judge concluded  that "the ASA is not fair, adequate, and reasonable." However, he urged the parties to consider further changes, esp.around the issue of going from an opt-out option for authors and publishers, to opt-in option for copyright holders.

All the while, Google has continued to scan materials from participating libraries. There was an explicit inclusion of some magazines by agreement with publishers, in 2008. While this limited addition of magazines was authorized back in 2008, the recent evidence of millions of additional magazines having been scanned by the Google Book Project, might raise additional new copyright claims from magazine article authors.

An article in the May issue of "AALL Spectrum", "Will Google Books Library Project End Copyright?", by Barbara Kevles, makes the case that Google has been including  a massive inventory of magazines and periodicals in a system that claimed to be scanning books.

She says that periodical tiles do not belong as part of the Google Book settlement. She points out that the labeling of these works as "books" is disingenuous and incorrect. Also, since they have not been properly identified, there is no corresponding opt-out option as book authors would be provided.

Ms. Kevles sites the landmark Supreme Court case of "The New York Times Company ,Inc. v. Jonathan Tasisni, et al.", as a possible basis for magazine authors to claim compensation for their work product in the scanned periodicals. Under that decision major electronic databases and publishers have to "compensate freelance authors for the use of digitized articles displayed standing alone, outside their original context."

However, the "outside the original context" provision is key in deciding whether the writers can actually sue for compensation. Probably most of the magazines that were scanned by Google from the participating libraries, were probably all complete bound issues from their shelves.

Any single article is part of a magazine content that is presented to the end user in its original context which the publisher is entitled to make use of. If anyone were to sue Google for the unauthorized scanning and use of entire magazines, it would have to be the publishers or database owners.

While Ms. Kevles seems to be encouraging  law suits by the writers or their associations. It is not clear whether they actually have standing to do so. However, as her article points out, the legal uncertainty created by all the litigation and lack of a widely accepted settlement, by itself, chills the market for subscribers to a Google Book product.

They may fear the legal uncertainty or potential copyright liability, still affecting these products. If the legal pot continues to be stirred, that might be an indirect way to restrain Google Books' scanning and distribution efforts.

The article makes an oblique reference to the recent decision in THE AUTHORS GUILD, INC. v. HATHITRUST in which a cooperative of non-profit libraries won convincingly on similar issues of fair use for transformative purposes, esp. for the benefit of print-impaired users. However, Ms. Kevles says that the Google is not a non-profit entity, and its scanning  and distribution project should be seen as a commercial activity for its own economic benefit, at the possible expense of other economic actors.

She quotes from an Authors' Guild argument that “Google undertook the Library Project for commercial reasons…. to gain a competitive advantage over other participants in the search engine market, by offering a wealth of content not available elsewhere ... to attract visitors to its website, thereby increasing its attractiveness to advertisers.”

Since non-profit status was one of the key factors in evaluating "the purpose and character of the use", in the Hathi Trust case. This line of argument might mean that the ruling in the Hathi case does not bar authors and publishers from continuing to pursue their case against Google, as a for-profit company.

 

 

Some States Broadening Library Privacy Laws To E-Books

For ages, reading a book was a solitary and private activity. The reader engaging the author's thoughts through words on a tangible media.When you read, how you read, whether you finished a book, were pretty much, your own business.

Borrowing a book from a lending library creates a record of what book has been borrowed by whom. Seeing the value of keeping one's choices of reading material private to preserve unrestricted use, all US states have  laws protecting the identity and privacy of library users . In the old, non-digital economy, even purchased books, were initially only associated with the buyer at the point of purchase.

While this situation protected reader's privacy, it left authors, publishers, book sellers and marketers without the kind of information that would allow them to discover how their products were being used and why. In the current marketplace, where so many activities and transactions have been digitized, that old asymmetry has almost been inverted.

A Wall Street Journal article from 2012, "Your E-Book Is Reading You", describes just how far the use of digital technology has drastically eliminated most expectations of reader  and purchaser privacy, in our brave new world.

The author tells us that ' "The major new players in e-book publishing—Amazon, Apple and Google—can easily track how far readers are getting in books, how long they spend reading them and which search terms they use to find books. Book apps for tablets like the iPad, Kindle Fire and Nook record how many times readers open the app and how much time they spend reading. Retailers and some publishers are beginning to sift through the data, gaining unprecedented insight into how people engage with books."

This is often done without the users permission or as a requirement to use a particular service or device. Like Amazon requires Kindle users to sign an agreement granting the company permission to store information from the device—including the last page you've read, plus your bookmarks, highlights, notes and annotations.

In the library world, this kind of data collection and mining has not gotten to such an advanced stage yet. See : "OverDrive and Sourcebooks to Launch Ambitious Ebook Data Experiment". But the imperatives of assuaging authors' and publishers' fears of library use possibly undermining their markets, will push for more data gathering through libraries and their users.

It is in this environment of growing information gathering from readers, both as purchasers and borrowers, that some state government have responded with legislation, to try to provide some of the safeguards that were taken for granted in the pre-digital economy.

A recent measure in Arizona seeks to include digital books under material protected by the state law that prohibits the disclosure of public library records.  It would impose a misdemeanor charge at anyone who releases information about books or other items that a patron has requested or checked out. It just adds the new E-book format to the existing library circulation records privacy law.

In New Jersey, Assemblyman Benjie E. Wimberly , has introduced a bill, the “Reader Privacy Act”, that goes beyond libraries. His legislation would place readers and purchasers of books and electronic books ,“e-Books”, under similar protections as library records by expanding reader privacy law. He states that “Individuals should be allowed to read, shop without fear of intrusion. Just as with books you borrow at the library, your e-book preferences should also remain private.”

In California, in early 2011,  Senator Yee introduced the "Reader Privacy Act of 2011" which will extend privacy protections currently in place for library records to book purchases, including e-books. It also adds requirements for disclosure of such information to  government agencies, including law enforcement. Violators can be fined $500 and even more significantly : 'no evidence obtained in violation of this section shall be admissible in any civil, administrative, or other proceeding."

While state measure such as these, are significant attempts to deal with the digital world and re-assert expectations of personal privacy, the continuing development of data gathering and mining in the private sector, remains largely uncontrolled and a situation that users often just have to accept to continue using digital services.

Users can exercise a small measure of self-defense by choosing among the various online e-book providers who do have certain differences in how they conduct business. For guidance in this area check out the Electronic Frontier Foundation's, "E-Reader Privacy Chart, 2012 Edition".

 

 

Lincoln Lore and History Rise Again !

The 200th anniversary of President  Lincoln's birthday was  celebrated in  2009 across the nation. But popular Lincoln-related cultural works continue to bubble up in our entertainment markets. An  extreme flight of fancy,   "Abraham Lincoln, Vampire Hunter" , a 2010 novel by Seth Grahame-Smith has been turned into "Abraham Lincoln: Vampire Hunter", the 2012 movie . In this film, President Lincoln personally kills many vampires initially to avenge the murder of family members. But the tale goes on to make a connection to slaves as the particular prey of the vampire underground !

A more historically based, creative work,  "The Impeachment of Abraham Lincoln", is the novel written by Stephen L. Carter who is the William Nelson Cromwell Professor of law at Yale. The book reconstructs a possible impeachment trial that could have taken place if President Lincoln had not been assassinated.  While this provides the basis for the story, Mr. Lincoln only appears  in the book a few times.

Instead the author uses two characters involved in the fictional impeachment process to develop the events in the book.  A young Black woman named Abigail Canner, an Oberlin graduate who comes to the nation's capital intending to become a lawyer and her White fellow clerk, Jonathan Hilliman. In the Washington City of 1867, they sift through legal books, uncover clues and  dodge assassins' attempts on their lives.

Professor Carter  explains why he would write a story that questions the conduct of a president that most  of us consider one of our great national heroes. "I should begin by explaining that I am a big Lincoln fan," Carter says, laughing. "I think Lincoln was our greatest president; I have no question about that. But at the same time, there were a lot of things that Lincoln did during his presidency, in order to win the Civil War, that could be called into question. And so my idea was to write a courtroom drama that was crafted around that possibility. The path I sketch in my fiction is one possible path history might have taken."

Mr. Lincoln's conduct during the Civil War period, was more complex than usually appreciated. Several law review articles have dealt with these questions that only occassionaly find their way into the realm of popular culture.

In 1998, the University of Arizona College of Law staged a mock trial, " The Impeachment of President Abrham Lincoln" , 40 Ariz. L. Rev. 351 (1998).  Using noted American historians as prosecution and defense, with school alumni and students serving as members of the Senate as the jury. The trial "...was meant to examine whether Lincoln went to far in preserving the Union. Are there limits to what even a wartime president can do during a national emergency ?"

On February 6, 2009, in Chicago,  the 7th Circuit Bar Association program, sponsored a program entitled  " Abraham Lincoln  His Legal Career and His Vision for America" . One panel at the program had University of Chicago law Professor Dennis J. Hutchinson and two panelists examined what might be considered the politically darker side of Lincoln's Civil War policies. Policies that continue to exert their influence on contemporary questions of presidential power and the protection of constitutional rights.

In his law review article, "Lincoln the 'Dictator'." ,55 South Dakota Law Review 284 (2010), Prof. Hutchinson states that  "Although Congress ultimately  sanctioned actions Lincoln took before they convened on the Fourth, critics, both  then and now, have argued that the Union was preserved at the expense of the  Constitution. Lincoln would and did deny the charge. How he actually behaved  and how he explained his actions reveal a man deeply troubled by the  accusations of despotism and the risks that his policies, well-intended to be sure,  posed for the future."

A  2008 law review article "The Perpetuation of Our political Institutions : Lincoln, The Powers of the Commander In Chief", and The Constitution" by History professor  Michael Les Benedict, point to the irony in Lincoln's strong critique of President Andrew Johnson's use of presidential power and Lincoln's  subsequent conduct during the Civil War. He criticaly examins several key issues such as suspension of Habeas Corpus, unilateral blockade of Southern ports, trial of civilians by military issions,suppression of newspapers, the Emancipation Proclamation.

 While documenting many of President Lincoln's extra-constitutional policies,  Professor Benedict  makes a broader judgement that  "...Lincoln's record demonstrates that such powers can be  wielded aggressively by a president with the right character without  seriously eroding democracy and liberty."  He quotes  James G. Randall that  "In a  legal study of the war the two most significant facts are perhaps these," ... "the wide extent of the war powers; and, in contrast to that,  the manner in which men in authority were controlled by the American  people's underlying sense of constitutional government."

In the modern context, one may be left to wonder how well presidents without those qualities and citizens who are cowed into accepting losses of constitutional rights, will preserve that Constitution that was so hard- won.

"Statistical Abstract" Resurrected By ProQuest & Bernan

The U.S. Census Bureau, responsible for publishing the Statistical Abstract of the United States (Stats Abstract), announced in March 2011 that it would cease production of the Statistical Abstract after the 2012 edition, ( see Statistical Abstract of U.S. Going Away ? )

It had functioned as both as an answer book and source guide. It had been used by librarians and public patrons for generations to help answer a myriad of statistical inquiries with both government and privately gathered data. Even with widespread lobbying by users and librarians, the Census Bureau said it would not continue the Stats Abstract  "due both to substantial budgetary constraints and the need to prioritize several new data gathering endeavors." While  government budgets are indeed tight, one wonders why such a valuable information tool would not also be considered a priority.

Sometimes  private sector publishers have take over previously free government titles which they turn into commercial products that former users must then pay for access to. In the late 1990s several government publications became privatized including Significant Features of Fiscal Federalism, Handbook of Labor Statistics, and Business Statistics of the United States, Journal of the National Cancer Institute, U.S. Industrial Outlook . ( See Robert Oakley, Testimony Regarding S. 2288, The Wendell H. Ford Government Publications Reform Act Of 1998)

However, in this case, two private sector actors have come to the rescue of a valuable publication that the government has just chosen not to continue providing ! A fortuitous reversal of some past practices by private publishers. (Also see, ProQuest press release )

ProQuest, Ann Arbor, Michigan-based electronic publisher and microfilm publisher and Bernan, leading  distributor of essential government publications and publisher of reference works based on government data, have partnered to bring back the venerable "Statistical Abstract of the United States", as a print and an online product. This partnership will ensure the continuation of a the premier reference source that was fist published in 1878.

The new commercial Stats Abstract volume will be an 8.5 x 11 in. hardcover and will contain approximately the same number of tables as previous government editions. Libraries around the country have a spot ready for the 2013 edition.

The considerable staff of statistical editors at ProQuest will be handling the production of the online version of the Stats Abstract. According to the press release, "The digital version will include monthly updates to tables, deep searching at the line-item level, powerful facets for narrowing search results, image and spreadsheet versions of all current and historical tables, along with links to provider sites." This is an advance over the format of the previous goverment online versions which are PDF reproductions of the print version.

Congratulations to ProQuest and Bernan for not only seizing a business opportunity but also serving the information needs of countless citizens who were left "high and dry" by the U.S. Census Bureau.

 

"Overload", Book Examines Impact of Information Overload

Many of us probably recognize that there is a tipping point both in business and in our own personal lives when ever greater access to information, no longer facilitates the activities directed to achieving our objectives. But rather begins to confuse and frustrate those activities, as the volume and number of options for information move beyond our abilities to deal with them.

This seems to be the situation that Jonathan B. Spira, author of the book, "Overload! How Too Much Information is Hazardous to your Organization", is addressing in his new book.

A quote from Larry Bowden, a vice president at computer giant IBM, really captures the crux of the problem, "Information Overload basically slows me down because I' m interacting with information that ’ s irrelevant and out of context and not allowing me to get to the end point to have the impact that I want.”

Mr. Spira explores the exponential growth in the generation of new information and knowledge and how greater access to this production, can detrimentally impact businesses and individual knowledge workers at work and in  their personal lives.

He claims that the very tools deployed to make knowledge workers more efficient have in turn bogged productivity down. He claims that "Information Overload has resulted in work days that never seem to end, completely destroying work/life balance and may even have "..caused people to lose their ability to manage thoughts and ideas, contemplate, and even reason and think."

Beyond exploring the negative impacts of information overload, Mr. Spira's book also provides pragmatic advice, tips, and strategies that the world’s leading organizations, including IBM, Intel, Morgan Stanley, and the U.S. Air Force have employed.

Mr. Spira's book would probably be of value to both managers and individual workers who may already be  experiencing the consequences  to information overload that he describes.

Link to Publisher page.

 

Stocking Stuffer For Your Favotite Illinois Attorney

The Illinois New Rules of Evidence become effective January 1, 2011. A pocket sized edition is now available from the Illinois Bar Association for only $9.99 for Members &  $14.99 for Non-Members.

Running 88 pages long, it could fit into a sturdy stocking hung on the mantle with care. It is the product of two years of diligent work by the Special Supreme Court Committee on Illinois Evidence . You can give the law of Illinois evidence in one easily accessible, authoritative source. Get it into the hands of your favorite practioner or law student before the effective date !

For more information and to purchase a book, please visit

www.isba.org/store/books/illinoisrulesofevidence

Holiday ‘Book Tasting’ Showcases Latest Books By DePaul Faculty Authors

DePaul University’s inaugural “Book Tasting,” which features some of the latest work by faculty authors, will be held Dec. 8 at 6 p.m. in the University Center Conference Chicago, 525 S. State St. In the spirit of a wine tasting, authors will offer a flavor of their fiction, topical nonfiction and poetry.

Admission is free and includes a wine raffle. Hors d’oeuvres and refreshments will be provided. Guests must be 21 and over to attend because wine will be served. RSVP to the Office of Public Relations and Communications by Friday, Dec. 3 by clicking here. Or call (312) 362-8591.

Authors also will answer questions and sign copies of their books, which are perfect for holiday gifts. The following DePaul authors are scheduled to appear:

Larry Bennett, a professor of political science and author of “The Third City: Chicago and American Urbanism” (University of Chicago Press).

Joseph Ferrari, professor of psychology and Vincent dePaul distinguished professor, is author of “Still Procrastinating? The No Regrets Guide to Getting It Done” (John Wiley & Sons)

Rebecca Johns is an assistant professor of English and author of “The Countess” (Crown). The book is a fictionalization of the life of Elizabeth Bathory, known as the “Blood Countess” of Hungary—one of the most prolific serial killers in history.

Andrea Lyon is a professor of law, associate dean for Clinical Programs in the College of Law and director of the Center for Justice in Capital Cases. She is author of “Angel of Death Row” (Kaplan Publishing), which chronicles some of Lyon’s most compelling work as a criminal defense attorney.

Haki Madhubuti is the Ida B. Wells-Barnett university professor and author of “Liberation Narratives: New and Collected Poems 1966-2009” (Third World Press), a collection of his poetry spanning his illustrious career. He is an award-winning poet as well as founder and president of Third World Press.

Patricia Monaghan is a professor in the School for New Learning and author of “Wineries of Wisconsin and Minnesota” (Minnesota Historical Society Press). The book is a guide to 55 wineries ranging from small family-farm operations to the largest, most well-known wine producers.

Achy Obejas is the Sor Juana Ines de la Cruz writer-in-residence and teaches in the English department and the Latin-American and Latino Studies program. She is author of the novel “Ruins” (Akashic Books) that tells the story of an old man who eagerly supported the Cuban Revolution only to become increasingly isolated in his revolutionary zeal.

Regina Spellers Sims is a visiting assistant professor in the School for New Learning. She is co-editor of “Blackberries and Redbones: Critical Articulations of Black Hair/Body Politics in Africana Communities” (Hampton Press). The book features essays, poems and creative writing that examine the meanings of black anatomy in a changing world.

"Just Books" Could Be "Just The Ticket" For Keeping Up

Looking for a site that can help you keep up with new legally-related books ?
Or that can provide knowledgeable guidance for books on significant issues, such as :

What is the one book all students should read before they start law school ?

What books are essential to understanding how the Supreme Court works ?

What is the best novel about justice ?

What is the Tea Party so angry about ?

What book(s) would you recommend to somebody who wants a context in which to understand the BP Oil Spill and what's at stake in the Gulf ?

Then check out the "Just Books" web page of the Brennan Center for Justice at NYU School of Law.
The site was launched this in April. It's self description states that it is "dedicated to justice, books and ideas." Just Books features reviews, criticism, essays and excerpts from range of prominent writers.

Gov. Doc. Comic Book Reprises Print

  A time-traveling mouse, in a totally in-house-produced comic book, helps kick off the Government Printing Office's (GPO) upcoming 150th anniversary in 2011."The office -- which has published comics from Pip the Safety Elephant to a "Pogo" parental primer over the past half-century [for other agencies] -- now comes out with "Squeaks Discovers Type," featuring the titular space mouse."

In a world in which the print format is being inexorably eclipsed by digital formats,this fanciful historical romp through the history of printing, helps put the significance of the print medium in proper perspective.

The dynamic duo creators of the comic are the author, Jim Cameron and the illustrator, Nick Crawford. Mr. Cameron acknowledges the inspiration of his kids for the plot of the 24 page book. Mr. Crawford who hand drew the artwork, talks about how they came up with the idea for the book, ""We talked about how the younger generation doesn't know the background [of printing's inventions], so we kind of discussed: 'Let's do a comic book that's readable enough for adults, too -- about the importance of printing.'"

GPO also produced this comic book to showcase their creative services for their agency customers. The next  comic they do , may be for one of these agencies. 

The comic book is available online from GPO for $5.There is no online version of the book at this time. But one can easily foresee digital comic books with links to additional information and interactive features.

However, illustrator Nick Crawford says, ": I think that there is huge potential in interactive comics in digital form, but there is still nothing like a great book to flip through."

"Illinois Survival Guide" - New book From the ABA On Surviving As A New Attorney

A recent 2009 book published by the American Bar Association, “The Illinois Survival Guide”, Best Practices for New lawyers”, provides an excellent  resource for new attorneys pursuing a solo practice, with a focus on Illinois legal practice.

The two authors provide a good balance of perspectives given their different backgrounds. John H. Maville  graduated from the University of  Illinois law School in 1967. He has been a county State’s Attorney; served on the Illinois Law Enforcement Commission and is a past president of the Boone County Bar association. Co-author Heather M. Fritsch is a 2000 graduate from Chicago-Kent  College of Law. She worked for about six years in two law firms before she started her own legal practice in Sycamore, Illinois.  She is currently the Vice-Chair of the ISBA’s Young Lawyers Division.

The book is divided into six chapters on “How to Be an attorney” and seven on “Starting Your Own Practice”. There are two appendixes with 158 pages of forms each related to the two main sections of the book (Also on a CD-ROM accompanying the book) . They include forms for client relations, office procedures, Illinois court filings.The text is very practical and detailed in providing advice on matters of office location, billing, employee hiring, office equipment, software, and even office supplies such as a coffee maker ! Most of the chapters have a personal viewpoint at their end, either from one of the authors or sometimes from both, drawn from their own experience.

Besides the very practical advice in the book, Chapter Four spend some time exploring the psychological and motivational issues that will confront those who take this “road less traveled” of solo practice.  Co-author  Heather Fritch relates some personal stories that give real life meaning to the concept of work/life balance.  The insights and recommendations in this chapter may be even more valuable than  the excellent practical guidance in the book, in helping  steer the new lawyer to a successful life and practice.

To quote Ms. Fritch from that chapter, “…being an attorney is not simply a career;  it’s a way of life,  and it can consume you. Remember to find your place within the profession, but do not lose yourself in the process…”