Scholars@Duke
David Hansen

David Hansen

Senior Lecturing Fellow of Law
School of Law
411 Chapel Drive, Box 90193, Durham, NC 27708

Scholarly Works

Interview: Deciphering the Law: Hachette v. Internet Archive Pt. 1 (2023) with Dave Hansen

Journal article Journal of Copyright in Education & Librarianship · August 21, 2024 This is the first in a series of interviews with those closely tied to the Hachette v. Internet Archive lawsuit. In March 2023, the court ruled against the Internet Archive and its use of the Emergency Lending Library causing a ripple throughout th ... Full text Cite

Assessing the Copyright Claims Board After Two Years

Preprint · 2024 <p>On June 16, 2024, the U.S. Copyright Office celebrated the two-year anniversary of operations of the Copyright Claims Board ("CCB''), a novel new small claims court housed within the agency. The CCB was preceded by years of debate about th ... Full text Cite

Legalize text recycling

Journal article Learned Publishing · July 1, 2023 Text recycling is the reuse of material from an author's own prior work in a new document. While the ethical aspects of text recycling have received considerable attention, the legal aspects have been largely ignored or inaccurately portrayed. Copyright la ... Full text Cite

Assessing the Copyright Small Claims Court After One Year

Preprint · 2023 In June 2023 the U.S. Copyright Office celebrated the one-year anniversary of operations of the Copyright Claims Board (“CCB”), a novel new small claims court housed within the agency. The CCB was preceded by years of debate about the benefits and ... Full text Cite

A Framework for Library Support of Expansive Digital Publishing

Report · December 1, 2018 This report offers a framework for how libraries can begin to embrace their role in the maturing space of digital humanities publishing, particularly as they seek to support what we call “expansive digital publishing” — challenging digital publications tha ... Full text Open Access Link to item Cite

Copyright and Digitization and Preservation of State Government Documents: A Detailed Analysis

Journal article Journal of Copyright in Education & Librarianship · September 12, 2016 This paper builds off "Copyright and the Digitization of State Government Documents: A Preliminary Analysis" presented at IPres 2015. In this paper, we present a more detailed analysis and a practical framework for local archivists and librarians t ... Full text Cite

Solving the Orphan Works Problem for the United States

Journal article Columbia Journal of Law & the Arts · September 10, 2013 Cite

What Constitutes a Diligent Search Under Present and Proposed Orphan Work Regimes?

Journal article Berkeley Digital Library Copyright Project, White Paper · March 5, 2013 Cite

Orphan Works and the Search for Rightsholders: Who Participates in a 'Diligent Search' under Present and Proposed Regimes?

Journal article Berkeley Digital Library Copyright Project, White Paper · January 28, 2013 Cite

Copyright policy and practice in electronic reserves among ARL libraries

Journal article College and Research Libraries · January 1, 2013 This paper presents the results of a survey of 110 ARL institutions regarding their copyright policies for providing electronic reserves. It compiles descriptive statistics on library practice as well as coding responses to reveal trends and shared practic ... Full text Cite

Brief Amici Curiae of 133 Academic Authors in Support of HathiTrust Digital Library

Preprint · 2013 The HathiTrust digital library contains over 7.3 million potentially in-copyright books. The complaint in this case has demanded that the court impound the in-copyright books in this repository and enjoin the use of all 7.3 million of these books, ... Full text Cite

Educational Fair Use Brief in Support of Georgia State University on Behalf of Amici Curiae Academic Authors and Legal Scholars

Preprint · 2013 For centuries, scholars and educators have excerpted the works of their colleagues, transforming them from individual, static monographs into dynamic pedagogical and intellectual tools for classroom learning. Such transformations reside at the hear ... Full text Cite

Orphan Works: Causes of the Problem

Journal article Berkeley Digital Library Copyright Project White Paper · April 10, 2012 Cite

Orphan Works: Mapping the Possible Solution Spaces

Journal article Berkeley Digital Library Copyright Project White Paper · March 9, 2012 Cite

Orphan Works: Definitional Issues

Journal article Berkeley Digital Library Copyright Project White Paper · December 19, 2011 Cite

A State Law Approach to Preserving Fair Use in Academic Libraries

Journal article Fordham Intellectual Property, Media & Entertainment Law Journal · December 12, 2011 Cite

Protection of traditional knowledge: Trade barriers and the public domain

Journal article Journal of the Copyright Society of the U S A · June 1, 2011 In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups, which includes works typically pro ... Cite

Orphan Works: Definitional Issues

Preprint · 2011 This paper outlines responses to two definitional questions that arise in the context of orphan works: (1) exactly what is the “orphan works” problem?, and (2) what is the size of this problem? The answers to these two questions are central to unde ... Full text Cite