#LawRepositories - Kyle Courtney & James Heller - Copyright


Kyle Courtney
DASH Repository: https://osc.hul.harvard.edu/dash/

Federal Law with Constitutional origin
Importance of § 107, § 108, § 109 — Need to be our bread & butter.

Difficult Issues:
  • Identifying the author
  • Lots and lots of § 106 rights in the bundle!
    • Some rights retained by author
    • What counts as an author’s “personal website"
      • Sometimes it can be a repository site
    • Other non-commericial rights
  • The SPARC author addendum

How to Fill a Repository:
  • Faculty grant non-exclusive rights to repository for all future scholarly article
    • § 205(e) - Nonexclusive licenses as written agreement
    • Shifts the default; doesn’t force faculty.
  • Experimenting with different strategies to get faculty involved

James Heller

Very short set of comments and opened to questions:

  • Would receiving a DMCA takedown notice be embarrassing?
  • Developing a “SHERPA/RoMEO" for law journals?
    • There is a wiki — did not catch the name. [Help commenters?]
  • Content license:
    • Does § 108 first-sale apply? No way.
  • Panelists seem to be highly NON risk-averse about the distribution of U.S. law review publications.
  • No such cavalier attitude about professional publishing society.