From: Laura Quilter <[log in to unmask]>
Date: Sun, 15 Dec 2013 22:03:16 -0500

Sadly, there is zero incentive in the 512 process for OSPs (online
service providers) to do any verifying or fact-checking or supporting
their subscribers' rights.  The only user-protection in the process is
the counter-notification procedure, that users can take advantage of
but rarely do, and Section 512(f), which provides damages for knowing
misrepresentations.  There's been some limited success in getting
512(f) damages for obvious fair uses, but I think this provision may
fairly be called under-utilized and practically worthless, since the
knowing misrepresentation bar is high.  One might think that claiming
ownership without KNOWING you have it would meet the standard, but I
wouldn't bet on it.

Laura

----------------------------------
Laura Markstein Quilter / [log in to unmask]
Attorney, Geek, Militant Librarian, Teacher

Copyright and Information Policy Librarian
University of Massachusetts, Amherst
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Lecturer, Simmons College, GSLIS
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On Sun, Dec 15, 2013 at 9:42 AM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Kevin Smith <[log in to unmask]>
> Date: Fri, 13 Dec 2013 14:17:34 +0000
>
> It has surprised me over the years that quite a number of academic authors
> I have spoken to assert that they have never signed, and sometimes never
> been asked to sign, a copyright transfer agreement.  Some of those
> assertions may simply be failures of recall.  But given the significant
> number of items for which the plaintiffs in the Georgia State case were
> unable to prove copyright assignment, even with years of preparation, it
> seems very likely that there are other cases where the authors have
> retained copyright.  I would have to review the specifics of the DMCA
> takedown procedure, but I wonder if Academia.edu is entitled to ask for
> evidence that the entity sending the demand is entitled to do so before
> they comply.
>
> Kevin
>
> Kevin L. Smith, M.L.S., J.D.
> Director of Copyright and Scholarly Communications
> Duke University Libraries
> Durham, NC 27708
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