Law Commons^™

Fair Use, Laura Quilter

New England Copyright Boot Camp

No abstract provided.

Open Access, Nonexclusive Licensing, Author Rights, Kyle K. Courtney, Laura Quilter

New England Copyright Boot Camp

An overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

Also includes an overview of Creative Commons licensing and how open access policies can change the copyright default for authors and provide a legal mechanism for institutions to share author works.

The Abandoned Shipwrecks Act In Florida, Tyler Wolanin

School of Public Policy Capstones

The Abandoned Shipwrecks Act is a 1988 federal law that grants states jurisdiction over abandoned shipwrecks in their territorial waters. The intention of the law is to allow states to form historic preservation regimes to protect historic shipwrecks from looters and salvagers. One of the most important beneficiaries of this law is the state of Florida, with the longest coastline in the continental United States and a history of attempts to protect historic shipwrecks.

This law has been criticized since inception for removing the profit incentive for salvors to discover new shipwrecks. The Act has been subjected to a considerable …

From Planning To Passing: The Amherst, Massachusetts Plastic Bag Ban, Kevin J. Hollerbach

Student Showcase

This case study will detail the background and influences for a plastic bag ban in the town of Amherst, outline the steps taken from planning to passage, and address roadblocks and missteps that may be avoided with the implementation of future bans. It is my hope that this document will not only serve as a guide, but also an inspiration for additional local action in Massachusetts and across the country. No matter what the national political climate or attitude towards environmental issues, local action is always possible, and change is usually easier than you think. Think globally, act locally!

1b Copyright Hypotheticals, Laura Quilter

New England Copyright Boot Camp

Copyright Boot Camp Day 1: Foundational Copyright

Copyright Basics. What is copyrightable? What rights does copyright cover (what’s a derivative work)?

This list of situations provides assessment and discussion around basic copyright with case studies.

1a Copyright Boot Camp Agenda, Laura Quilter

New England Copyright Boot Camp

This fall, ACRL New England’s Scholarly Communication Interest Group is offering both a one- or two-day copyright workshop, in two different locations, taught by the New England Copyright Crew (NECC)! NECC includes Laura Quilter (Copyright and Information Policy Librarian, UMass Amherst), who spearheaded this approach last year at UMass, Kyle Courtney (Copyright Advisor, Harvard University), Ellen Finnie Duranceau (Program Manager, Scholarly Publishing, Copyright & Licensing, MIT Libraries), and Joan Emmet (Licensing & Copyright Librarian, Yale University).

Those who are already familiar with "Foundational Copyright" topics may elect to attend only the second day; others may wish to attend only the …

2d Scholarly Communication Issues & Library License Negotiation, Ellen Finnie

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Ellen Finnie, MIT – Negotiation methods and theory & introducing Scholarly Communication issues into library content licenses. Includes a hands-on exercise using “principled negotiation” to engage with a vendor on adding scholarly communication-related supports to a license.

2j Wiley-Blackwell Agreement (Sample Contract), Laura Quilter

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Laura Quilter, UMass - Authors & Scholarly Communication. Includes an overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

This is a sample copyright transfer agreement from Wiley-Blackwell used for teaching purposes.

2b Copyright Workshop Agenda Session 2, Laura Quilter

New England Copyright Boot Camp

This is the agenda for Day 2 of the Copyright Boot Camp.

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

2e Licensing Electronic Resources: Spotting Issues In E-Content Licenses, Joan M. Emmet

New England Copyright Boot Camp

Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

Joan Emmet, Yale - Library Licensing: An overview of contracts for library content; hands-on exercise learning to spot key Issues that should be negotiated.

2c Negotiation Methods And Theory, Ellen Finnie

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Ellen Finnie, MIT – Negotiation methods and theory & introducing Scholarly Communication issues into library content licenses. Includes a hands-on exercise using “principled negotiation” to engage with a vendor on adding scholarly communication-related supports to a license.

1d U.S. Copyright Law: An Index, Laura Quilter

New England Copyright Boot Camp

Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

This is an index of important materials and US Code, Title 17. It is a useful resource for those looking at copyright law.

1g 92 F.Supp.2d 349 (S.D.N.Y. 2000), Laura Quilter

New England Copyright Boot Camp

UMG RECORDINGS, INC., Sony Music Entertainment Inc., Warner Bros. Records Inc., Arista Records Inc., Atlantic Recordings Corp., BMG Music d/b/a The RCA Records Label, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, and Sire Records Group Inc., Plaintiffs, v. MP3.COM, INC., Defendant. No. 00 Civ. 472(JSR). United States District Court, S.D. New York. May 4, 2000.

Cite as 92 F.Supp.2d 349 (S.D.N.Y. 2000)

Owners of copyrights in musical recordings sued Internet company, which made MP3 files of recordings available to its subscribers, for infringement. On plaintiffs’ motion for partial summary judgment, the District Court, Rakoff, J., held that defendant’s …

2i Negotiating Author Agreements, Laura Quilter

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Laura Quilter, UMass - Authors & Scholarly Communication. Includes an overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

1e Statutes 101 2, 6-9, 110, 121, 504a, Laura Quilter

New England Copyright Boot Camp

Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

This is the text of Statutes 101 2, 6-9, 110, 121, 504a.

1f Ho V. Taflove, Laura Quilter

New England Copyright Boot Camp

Used in Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

In the United States Court of Appeals For the Seventh Circuit No. 10-2144 SENG-TIONG HO, et al., Plaintiffs-Appellants, v. ALLEN TAFLOVE, et al., Defendants-Appellees. Ho v. Taflove, 648 F.3d 489 (7th Cir. 2011) Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:07-cv-04305—Elaine E. Bucklo, Judge. ARGUED JANUARY 20, 2011—DECIDED JUNE 6, 2011 Before RIPPLE and HAMILTON, Circuit Judges, and MURPHY, District Judge. * The Honorable G. Patrick Murphy, United States District Judge for the Southern District of Illinois, is sitting by designation. …

2k Rowman & Littlefield Publishers, Inc. Publishing Agreement (Sample Contract), Laura Quilter

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Laura Quilter, UMass - Authors & Scholarly Communication. Includes an overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

This is a sample book contract from Rowman & Littlefield used for teaching purposes.

Healthy, Wealthy, And Wise: How Corporate Power Shaped The Affordable Care Act, Kevin Young, Michael Schwartz

History Department Faculty Publication Series

No abstract provided.

Feeding Students? Examining Views Of Parents, Students And Teachers On The World Food Program’S School Feeding Initiatives In Chamwino District In Tanzania, Benjamin Ngaji Oganga

Master's Capstone Projects

School feeding programs have become a worldwide phenomenon and an agenda pushed by the International Development Agencies such as the World Food Program (WFP) with the assumption that it may contribute towards addressing barriers to poor students’ enrollment and retention in primary schools in developing countries. The assumption is that, because of hunger and low income, parents are mostly likely not motivated to send their children to school; and on the other hand, children too may not effectively concentrate in learning and therefore are likely to drop out of schools. Different studies have shown the effectiveness of the school-feeding program …

Teacher Attrition: Why Secondary School Teachers Leave The Profession In Afghanistan, Hassan Aslami

Master's Capstone Projects

This study examines factors influencing teacher attrition in public secondary schools in Kabul, Afghanistan. Substantial increments in the school-age population, the Education for All (EFA) mandate, and a “seven-fold” growth in number of students during the last decade have collectively increased the demand for teachers in Afghanistan; whereas, teachers from the public schools are leaving the teaching profession in large numbers. The lack of teachers poses serious challenges for the education system especially for Ministry of Education.

This exploratory study focuses on the reasons for the departure of both current and former teachers. It also explores and suggests some strategies …

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly.

Based on review of climate projections for the …

Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Prelude to a Master Plan offers ideas, recommendations, and a toolkit to help the town chart its own path towards that future. While the teams and individual students worked to ‘drill down’ into specific topic areas, the Studio defined three basic areas in order to think about how the various assets, challenges and ideas undermine or reinforce one another. The report is loosely organized in those terms: addressing the outlying rural areas and issues specific to these places, considering one of the key growth areas that has extended from town and the conflicts that arise from the many uses occurring …

1i - How Fair Use Can Help Solve The Orphan Works Problem, Jennifer Urban

New England Copyright Boot Camp

Used in Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

Many works that libraries, archives, and historical societies would like to digitize are “orphan works,” that is, works for which the copyright holder either is unknown or cannot be located after a diligent search. Due to copyright risk if an owner later shows up, nonprofit libraries and similar institutions have been reluctant to digitize and make these works available, greatly limiting access to important cultural and historical information.

While a legislative fix may soon be proposed, this Article argues that legislation is not necessary to enable some uses of orphan …

Strengthening The Education Management Information System (Emis) In Tanzania: Government Actors’ Perceptions About Enhancing Local Capacity For Information-Based Policy Reforms, Assela M. Luena

Master's Capstone Projects

Strengthening the Education Management Information System (EMIS) in Tanzania is an important task, as the government needs quality data and information to support the creation of sound policies, making plans and managing educational resources. Well-functioning EMIS can ensure achievement of national goals to provide quality education, which is the basis for facilitating economic growth and sustainable development. The government also needs quality data and information in order to enhance monitoring and evaluation of the education sectors’ performance and ensure the right direction for achieving the intended goals and objectives.

Creating a sustainable and efficient EMIS is a challenge that requires …

Bioretention: Evaluating Their Effectiveness For Improving Water Quality In New England Urban Environments, Mary Dehais

Masters Theses 1911 - February 2014

Nonpoint source (NPS) pollution is one of the leading causes of water quality problems in the United States. Bioretention has become one of the more frequently used stormwater management practices for addressing NPS pollution in urbanized watersheds in New England. Yet despite increased acceptance, bioretention is not widely practiced. This study explores and evaluates the efficacy of bioretention for protecting urban water quality.

This research found that numerous monitoring methods are used by researchers and industry experts to assess the effectiveness of stormwater best management practices (BMPs) and low impact development (LID) practices that include bioretention. The two most common …

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Afro-American Studies Faculty Publication Series

No abstract provided.

Undocumented And Undefined: College Admission Policies For America's Hidden Class, Jenise Holloway

Master's Capstone Projects

No abstract provided.

Labour Rights As Human Rights, Gerald Friedman

Economics Department Faculty Publications Series

No abstract provided.

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Landscape Architecture & Regional Planning Faculty Publication Series

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.

The American Democratic Tradition & The Quest For Access & Equity In Higher Education: The Browns And Blues Of Social Change, Amilcar Shabazz

Afro-American Studies Faculty Publication Series

In this lecture I revisit the meaning of the 1954 Brown v. Board of Education decision and the legal and social struggles that led to the ruling and its consequences especially in the area of higher educational opportunity. I develop the idea of the American Democratic Tradition not as a fossilized ideal but as a contested terrain. The Brown decision and the blues of social change as a protracted, continuous process of struggle is the moment I am trying to render here in this lecture.

The Cornell Law Review invited me to participate in its 2004 Symposium, particularly Panel One …