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Tina Ulrich

http://www.openaccesstextbooks.org/pdf/ModelDraft.pdf - 0 views

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    The 2012 Promise of Open Access Textbooks: A Model for Success Florida Virtual Campus document with plan for open textbooks. Very detailed, a great model for us.
Tina Ulrich

http://www.openaccesstextbooks.org/%5Cpdf%5C2010_FSTS_Report_01SEP2011.pdf - 0 views

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    2010 Florida Student Textbook Study
Tina Ulrich

The Changing Textbook Industry - 3 views

  • In 2012, McGraw-Hill’s profit margin was 25%; Wiley’s was 15%; and Pearson’s was 10%. Moreover, the profit margin of firms in the publishing sector increased on average by 2.5% between 2003 and 2012.
  • The publishers might complain that government funding for the creation of open textbooks constitutes interference in the free market. This argument overlooks the fact that the government is the buyer in the textbook market. In K-12, school districts — government entities — purchase the textbooks directly. In higher education, government subsidizes the purchase of textbooks through support for financial aid. Because the government already is the buyer, it is completely consistent with free market principles for the government to seek the best product at the lowest cost.
  • The Affordable College Textbook Act, introduced by Senators Durbin and Franken on November 14, 2013, would accelerate the development and adoption of open textbooks. The legislation would authorize the Secretary of Education to make grants to institutions of higher education “to support pilot programs that expand the use of open textbooks in order to achieve savings for students.”
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  • California has also launched an open textbook program for K-12 students, with the objective of ultimately eliminating the state’s $400 million annual textbook budget. Utah, Florida, Maine and Washington State have begun similar initiatives.
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    Publishers' profits.
Tina Ulrich

11th Circuit Rules On Georgia State Fair Use Case - Copyright Librarian - 0 views

  • The court extensively discusses the public purpose of copyright law. Section B of the opinion (page 46-55) is a masterfully written, quite clear overview of the theoretical underpinnings of U.S. copyright law in general, and of fair use in particular. (I think it's a bit weaker in the second half, but pages 46-50 are really darn good reading.)
  • The idea that creator remuneration is -secondary- to the actual purpose of copyright law is often left out of a lot of related public discourse.
  • the court affirms that "[t]he fair use doctrine also critically limits the scope of the monopoly granted to authors under the Copyright Act in order to promote the public benefit copyright is intended to achieve." 
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  • "Congress devoted extensive effort to ensure that fair use would allow for educational copying under the proper circumstances
  • The court disapproved of Judge Evans' blanket 10%-or-one-chapter rule.
  • In addition to rejecting the applicability of the Classroom Copying Guidelines, the court also rejected the coursepack copying cases as binding authority,
  • The court soundly rejects the idea that excerpts from books substitute for sales of the -actual books-.
  • this discussion completely fails to acknowledge the many other incentives creators have for creating.
  • The other thing that bothers me about the focus on economic incentives is that market models don't actually reflect reality.
  • The court affirmed that course readings are not transformative use.
  • The court observed that industry "best practices" are "not relevant to individualized fair use analysis". That could be a bad thing, because sometimes industry practices are all we have to go on to determine fair use. But it was a fairly glossed-over discussion, and they may have meant just that individual circumstances of a specific use case are more important than overall best practices...
  • the uses in question are highly likely to be market-substitutions, and thus that the market harm factor is especially important.
  • By placing additional weight on market harm - a factor about which end users have almost no information - the court is creating major difficulties for end users. It would be hard, but not impossible, for many instructors to find out if a license is available. It's really quite out of the question for individual instructors to correctly hypothesize -future- directions of the market...
  • broad-scale problem with current copyright laws. They were drafted for a time when, in order to commit infringement on a scale that was noticeable by copyright holders, one more or less had to have some level of industrial-scale resources.
  • In the meantime, it may also be worth remembering that none of this legal interpretation is binding law outside of the 11th Circuit (Alabama, Florida, Georgia.) In other states, we can look to these opinions for guidance, but we can also explore different paths.
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