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A library can lend a physical book to a patron through standard circulation or to another library through interlibrary loan. What CDL does do is shift that lending to a new format that opens up access possibilities for readers with disabilities, physical access limitations, research efficiency needs, or other needs for digitally-accessible content. A CDL system is not a brand-new concept. There are multiple versions of CDL-like systems currently being used in libraries.

These partners include large library systems such as the Boston Public Library, to smaller specialized libraries such as the Allen County Public Library, which houses the largest genealogical collection of any public library in the country. At its core, CDL is about replicating with digital lending the legal and economically significant aspects of physical lending.

To do so, we libraries must truly exercise control in the process. The Statement identifies six specific requirements to do so. It states that for CDL, libraries should:. The first sale doctrine, codified in Section of the Copyright Act , provides that anyone who legally acquires a copyrighted work from the copyright holder receives the right to sell, display, or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

This is how libraries loan books. Controlled digital lending as we conceive it is premised on the idea that libraries can embrace their traditional lending role to the digital environment. For decades, libraries and cultural institutions have sought to provide greater access to their collections with the hope of reaching a broader and more diverse set of readers. Attempting to clearly answer those questions on a title-by-title basis has proven costly, [14] making full digital access for large numbers of works based on rightsholder permission difficult.

Particularly for books and other published materials for which there was once an active market, libraries have not yet been able to provide broad full-text access online. Many 20th Century books are not available for purchase as new copies in print or as digital versions online. The morass of rights management, combined with the orphan works problem and the ever-increasing copyright length, has made it complicated to see a path forward to broad digital access.

For modern libraries with users whose research and information use patterns mean they look to digital access first, [17] this means that a whole world of research is effectively invisible to a variety of types of users. For some, the inability to physically travel to a library because of their remote physical location, economic wherewithal, or homebound limitations means that physical lending is not practical.

For others, physical access is a matter of great inefficiency in their research and learning. For a large research library, this means holdings of millions of volumes, already purchased at a cost of hundreds of millions of dollars, are not accessible in a format that is more meaningful and easier to use for many researchers today.

For books primarily from the mid th Century, presumptively still protected by copyright, but not currently available in electronic form from their rightsholders, we believe CDL holds significant promise. We also believe the legal rationale for lending these works is among the strongest of all types of works.

Others may have identifiable owners, but are in practice neglected, unavailable in the digital marketplace and with no plan for revitalization in modern formats. So, how can libraries provide access? First, we start with a detailed look at the two fundamental copyright law doctrines that already empower libraries to fulfill their missions: first sale and fair use.

Section of the Copyright Act enumerates the basic bundle of rights granted to copyright owners: the exclusive right to control reproduction of the work, public distribution of the work, public performances, public displays, and creation of derivative works.

But, the rights granted in Section are limited by a number of statutory exceptions. Section , the statutory first sale doctrine, is one such provision. Entire industries and enterprises are built upon the first sale doctrine.

Libraries were built on it. The first sale doctrine balances the rights of copyright owners to distribute with those of purchasers to dispose of their copies as they wish. With distribution of physical copies, such as lending a print book to a library user, that framework works well enough.

Much of the literature on first sale applied in the digital environment recognizes that library lending raises unique concerns requiring special treatment. Indeed, several libraries have already engaged in limited CDL for years without issue, indicating perhaps a tacit acknowledgement of the strength of their legal position. We limit our analysis to non-commercial, controlled, digital lending by U. That brings us next to fair use.

All are to be explored, and the results weighed together, in light of the purposes of copyright. The basic concept of applying first sale principles to digital transactions is not new, either as justified under the first sale doctrine alone, as fair use, or through some combination of the two together. The U. ReDigi, LLC , has raised the question of how these doctrines apply to a commercial, digital resale market for mp3s. Again, the literature on digital first sale recognizes that library most likely will require special treatment.

And we also believe that these library uses, of all the varying digital uses, are among the most likely to be justified under a fair use rationale. Several libraries have already engaged in limited CDL for years without issue. Our focus is on these narrow and specialized use by libraries. Again, we limit our analysis to non-commercial, controlled, digital lending by U.

In applying fair use, not every factor in the analysis will be highly relevant in every situation. The core concept with CDL is that it closely mimics the economic transaction that Congress has already provided for through the first sale doctrine under Section The purpose of the use with CDL is to fulfill the statutory objectives and balance of rights already identified by Congress in Section , effectuating that balance considering a new technological use not contemplated at the time Section was enacted.

When raised, courts have largely rejected that argument. For example, in Sega Enterprises Ltd. Accolade, Inc. As a matter of copyright policy, the presence of a specific copyright exception or, in some cases, other provisions of federal law provides persuasive evidence of the kinds of purposes that should be favored in the fair use assessment.

While not extensively litigated, a number of cases indicate that this is the right approach, which we review here to give a sense of the strength of this position.

In Authors Guild v. Some courts have pointed to broader policy objectives, both within and outside of the copyright act, as influencing the purpose and character analysis. Bloomberg, L. Indeed, as Bloomberg points out, the SEC has mandated that when American companies disclose this kind of material nonpublic information, they must make it available to the public immediately.

See Regulation FD, 17 C. Copyright Office has also cited specific copyright exceptions as positively influencing the fair use assessment. Those include looking to Section exceptions for interoperability, Section exceptions for nonprofit public performances and teaching, and Section exceptions for computer program adaptation.

For CDL, the purpose of the use is one that intends to mirror the basic purpose of first sale as embodied in Section In Kirtsaeng v. As technology and markets have shifted, libraries employing CDL seek to use technology to hold up that same balance of rights while allowing users to access materials in formats that are most meaningful to them today. CDL promotes consumer choice in formats and platforms, while avoiding dragging courts into the thicket of restrictions and rights conflicts that would require extensive litigation to resolve.

Under CDL, if one copy is purchased, a library can only lend one copy—either print or physical—out to a user at a time. There are a few cases in the commercial context that come close, however. Those cases are primarily negative, though as we explain below we believe they are distinguishable from CDL applications, and one case is currently on appeal.

ReDigi Inc. Upon sale through the ReDigi marketplace, the file would be downloaded to the purchaser and simultaneously deleted from the Cloud Locker. It did not, however, assess the two provisions together. For fair use, the ReDigi court was fairly dismissive of the purpose factor, focusing almost exclusive on the commerciality of the program. The analysis was brief and considered almost none of the arguments laid out above. In honing in on the commerciality of the use, the court found that the purpose and character of the use weighed against a fair use finding.

For instance, in Wall Data Inc. More recently, in Disney Enterprises, Inc. VidAngel, Inc. For each user, VidAngel would purchase a physical DVD on behalf of the user, which VidAngel then copied, edited and streamed to the user online. VidAngel conceded that its use was commercial, and the court did not consider the use to be transformative.

Like with Wall Data , the streams were provided for videos with known copyright owners who themselves license rights to competing streaming services. One way these cases are distinguished is just that the issue was not raised; except for ReDigi where the issue was only obliquely argued , first sale and the purpose and character assessment were not raised by the litigants or addressed by the court.

The argument was not presented. Another, more significant distinguishing factor is that all three cases involved commercial uses, both in the specific application and in connection with a broader, functioning market place for the works used. This brings us to the second characteristic of CDL that we believe tilts the first factor analysis decidedly in favor of fair use: Libraries engaging in CDL are doing so for non-commercial research and learning purposes. Unlike commercial resale or streaming markets, library use of CDL is non-commercial and designed to promote public benefits by facilitating research and learning.

Libraries engaging in CDL, as we envision it, will not generate monetary profit. Given the costs of digitizing, building and maintaining the technical infrastructure necessary to lending digitally and controlling physical copies, and personnel time used to restrict print copies when its digital equivalent is circulating, libraries may spend considerable sums with no compensation. To be sure, libraries and their users would stand to benefit from CDL.

We would not propose it if they did not. But under the CDL model we envision, libraries have already paid the customary price, and CDL limits access to a work to one person at a time. Further, when 20 th century books are in question, no market has emerged for digital access to the majority of these books, meaning that no digital access would otherwise be possible. Libraries engaging in CDL are doing so to enable broad availability of knowledge for the purpose of promoting research, scholarship and learning.

These are uses specifically mentioned as examples of fair use by Congress in the statute, [78] and are at the core of the constitutional purpose of the copyright system. Library lending is a critical conduit for those activities, which courts have recognized.

For example, in a case before the U. In summary, we view the purpose and character of the use for CDL to be favored because the purpose is aligned with the principles of another statutory exception section , while the use itself is temporary, non-commercial and leading to important public benefits in research and learning.

Our goal with this paper is to give libraries and their counsel as complete a view of the law regarding CDL as we can. The first is, despite the strong trend found in the above cases favoring library and educational use, there are a limited number of library fair use cases from which to draw guidance. These include some cases involving academic or scholarly uses in which courts have held that the first factor did not favor the use. Gospel choir for concerts, weddings, and other events June 09, You are organizing an event and you want to listen to the real gospel?

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Dent , Report: Apple retaliated against women who complained about misconduct Its corporate culture is at odds with the image it presents, multiple women said. Holt , The Engadget guide to the best midrange smartphones Who says greatness has to be expensive? There is a debate over the use of Web 2. A growing number of marketers are using Web 2. Companies can use Web 2.

Among other things, company employees have created wikis—Websites that allow users to add, delete, and edit content — to list answers to frequently asked questions about each product, and consumers have added significant contributions.

Another marketing Web 2. Saturating media hubs—like The New York Times , PC Magazine and Business Week — with links to popular new Web sites and services, is critical to achieving the threshold for mass adoption of those services. In a recent article for Bank Technology News, Shane Kite describes how Citigroup’s Global Transaction Services unit monitors social media outlets to address customer issues and improve products.

In tourism industries, social media is an effective channel to attract travellers and promote tourism products and services by engaging with customers. The brand of tourist destinations can be built through marketing campaigns on social media and by engaging with customers. The campaign used social media platforms, for example, Facebook and Twitter, to promote this competition, and requested the participants to share experiences, pictures and videos on social media platforms.

The tourism organisation can earn brand royalty from interactive marketing campaigns on social media with engaging passive communication tactics. Korean Airline Tour created and maintained a relationship with customers by using Facebook for individual communication purposes.

Travel 2. The travel 2. For example, TripAdvisor is an online travel community which enables user to rate and share autonomously their reviews and feedback on hotels and tourist destinations. Non pre-associate users can interact socially and communicate through discussion forums on TripAdvisor. Social media, especially Travel 2. The user-generated content on social media tools have a significant impact on travelers choices and organisation preferences.

User-generated content became a vital tool for helping a number of travelers manage their international travels, especially for first time visitors. In addition, an autonomous review feature on social media would help travelers reduce risks and uncertainties before the purchasing stages. Therefore, the organisations should develop strategic plans to handle and manage the negative feedback on social media.

Although the user-generated content and rating systems on social media are out of a business’ controls, the business can monitor those conversations and participate in communities to enhance customer loyalty and maintain customer relationships.

For example, blogs give students a public space to interact with one another and the content of the class. A study by researchers at the University of Wisconsin-Madison notes that ” This increase could then lead to better communication between researchers and the public, more substantive discussion, and more informed policy decision.

Ajax has prompted the development of Web sites that mimic desktop applications, such as word processing , the spreadsheet , and slide-show presentation. No longer active. They mimic the user experience of desktop operating systems, offering features and applications similar to a PC environment, and are able to run within any modern browser. However, these so-called “operating systems” do not directly control the hardware on the client’s computer.

Numerous web-based application services appeared during the dot-com bubble of — and then vanished, having failed to gain a critical mass of customers. Many regard syndication of site content as a Web 2. Syndication uses standardized protocols to permit end-users to make use of a site’s data in another context such as another Web site, a browser plugin , or a separate desktop application.

Observers have started to refer to these technologies as Web feeds. Specialized protocols such as FOAF and XFN both for social networking extend the functionality of sites and permit end-users to interact without centralized Web sites.

Servers often expose proprietary Application programming interfaces API , but standard APIs for example, for posting to a blog or notifying a blog update have also come into use. Critics of the term claim that “Web 2. Second, many of the ideas of Web 2. Amazon also opened its API to outside developers in Tim Berners-Lee , who developed the initial technologies of the Web, has been an outspoken critic of the term, while supporting many of the elements associated with it. Sharing a file or publishing a web page was as simple as moving the file into a shared folder.

Perhaps the most common criticism is that the term is unclear or simply a buzzword. For many people who work in software, version numbers like 2. The web does not have a version number.

If Web 2. But that was what the Web was supposed to be all along That was what it was designed to be Other critics labeled Web 2. For example, The Economist has dubbed the mid- to lates focus on Web companies as “Bubble 2.

In terms of Web 2. Keen’s book, Cult of the Amateur , argues that the core assumption of Web 2. They can make themselves available, but if nobody wants to look at their site, that’s fine. To be honest, most people who have something to say get published now. There is also a growing body of critique of Web 2. Others have noted that Web 2. When looking at Web 2. For instance, Twitter offers online tools for users to create their own tweet, in a way the users are doing all the work when it comes to producing media content.

From Wikipedia, the free encyclopedia. World Wide Web sites that use technology beyond the static pages of earlier Web sites.

Main article: History of the World Wide Web. Main article: Web API. Cloud computing Collective intelligence Connectivity of social media Crowd computing Enterprise social software Mass collaboration New media Office suite Open source governance Privacy issues of social networking sites Social commerce Social shopping Web 2.

Sci-Mate Business 2.