DMCA takedown notices targeting academic online repositories

In Takedown and Today’s Academic Digital Library [SSRN], a report to be presented at The Future of the Library in the Digital Age Conference on March 25, 2016 at Ohio State University, Moritz College of Law, Brianna L. Schofield and Jennifer M. Urban suggest that managers of academic digital repositories will likely see an increase in formal DMCA takedown notices as their digital offerings grow.

The authors found that academic libraries have not yet developed shared norms and best practices for handling DMCA takedown requests. “As libraries continue to digitize collections and grow open access repositories, their long experience with less-formal requests and their relatively well-developed norms for handling those requests can serve as a foundation for handling the potential growth in DMCA notices,” write Schofield and Urban (both UC Berkeley). “In addition, the growth itself might be curtailed if stakeholders take steps to limit the need to use the DMCA notice and takedown process.” Towards that end, the authors make the following recommendations:

  • Academic libraries should continue to educate authors about author-friendly publishing practices, and authors should retain more control of their own works.
  • Publishers, authors, and academic libraries should take steps to make the terms of publication agreements transparent.
  • Academic libraries should continue to support—and authors should embrace—open access policies.
  • Academic libraries should consider developing shared norms and best practices for DMCA notice handling similar to those they have developed for non-DMCA requests.
  • Academic institutions should ensure that librarians receive any DMCA notices targeting library materials that are sent to DMCA agents in other departments, and that library-developed best practices are followed in handling these notices.
  • Publishers should develop and publicly communicate reasonable notice-sending policies.
  • Publishers should ensure that REOs [rights enforcement organizations], if used, comply with publisher notice-sending policies.
  • Academic libraries should consider creating educational materials about the counter notice process and tools that make it easy for authors whose works are challenged to send counter notices if their content is inappropriately targeted for take down.

— Joe

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