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Full-Text Articles in Law

Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker Apr 2018

Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker

Library Presentations, Posters, and Videos

Scholarly communications often values free access above all else, but what happens when that drive for openness conflicts with ethical issues of consent and ownership? In this CARL IG Showcase panel, members of SCORE (Scholarly Communication and Open Resources for Education) will discuss some of the thorny issues of ethics and scholarly communication, including: consent (particularly among diverse communities outside of the institution) and digital collections, students as information creators / library as publisher, and decolonizing who we consider scholars and what we consider scholarship. This panel will feature speakers who will share current discussions and personal stories on issues pertinent ...


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips Jan 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship at Penn Law

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...


Strategies For Teaching Copyright & Fair Use In Academic Libraries, Emily Jonhson Aug 2017

Strategies For Teaching Copyright & Fair Use In Academic Libraries, Emily Jonhson

Library Instruction

This document presents five strategies that librarians can use to teach copyright and fair use at an academic library. It is especially helpful for those with little or no experience in teaching these subjects.


Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray Apr 2016

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.


District Court: Cambridge Univ. Pr. Et Al. V. Becker Et Al.: Ruling On Remand (2016), Orinda Evans Mar 2016

District Court: Cambridge Univ. Pr. Et Al. V. Becker Et Al.: Ruling On Remand (2016), Orinda Evans

Georgia State University Copyright Lawsuit

No abstract provided.


Copyrightx: Harvard University Law School, Sue A. Gardner Jan 2016

Copyrightx: Harvard University Law School, Sue A. Gardner

Library Conference Presentations and Speeches

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.


Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi Jan 2016

Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi

Law Faculty Scholarship

[Excerpt] The UNH School of Law Intellectual Property Library celebrates its twentieth anniversary this year. It is a fortuitous time for this look back and for strategic considerations for the future. This anniversary comes at a time in the history of legal education when conditions over the past few years have intensified the analysis of mission and resources for law school libraries. This article is a retrospective review of the history and dynamics surrounding the founding and first twenty years of growth. It is also an analysis of the future growth and mission of the IP Library during times that ...


Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino May 2015

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Presentations

In this talk I discuss the results of a survey of Canadian university faculty members undertaken from October to December 2014. The survey sought to determine teaching faculty awareness of copyright law and institutional policy and training, and how they would respond in various scenarios.

Analysis of the results suggests that while faculty members are aware of the existence of their institution's copyright policy, much fewer know whether their institution offers training. Of those who do know about training, only one-third have attended. However, faculty who have attended copyright training find that their knowledge is enhanced by the experience ...


Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino Jan 2015

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Publications

This article describes the background, methodology, and results of a study undertaken in 2014 to determine university faculty awareness and perceptions of copyright as it affects their teaching. An online survey questionnaire was distributed to teaching faculty across Canada, seeking feedback about the copyright policies and training opportunities at their institutions, where they go for copyright assistance, and how they would respond to various copyright-related scenarios that may arise in the course of teaching.

Most of the respondents are aware of the copyright policies or guidelines at their universities, but much fewer know whether or not their institution offers copyright ...


11th Circuit Court Of Appeals: Cambridge Univ. Press V. Patton, Opinion (2014), Eleventh Circuit Court Of Appeals Oct 2014

11th Circuit Court Of Appeals: Cambridge Univ. Press V. Patton, Opinion (2014), Eleventh Circuit Court Of Appeals

Georgia State University Copyright Lawsuit

No abstract provided.


Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo Jan 2014

Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo

Faculty Scholarship at Penn Law

Legal issues increasingly arise in increasingly complex technological contexts. Prominent recent examples include the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), network neutrality, the increasing availability of location information, and the NSA’s surveillance program. Other emerging issues include data privacy, online video distribution, patent policy, and spectrum policy. In short, the rapid rate of technological change has increasingly shown that law and engineering can no longer remain compartmentalized into separate spheres. The logical response would be to embed the interaction between law and policy deeper into the fabric of both fields. An essential step ...


Issues And Challenges In The Development Of Open Access Publishing And Scholarly Communications In Nigeria, Ifeoma Ann Oluwasemilore Jun 2013

Issues And Challenges In The Development Of Open Access Publishing And Scholarly Communications In Nigeria, Ifeoma Ann Oluwasemilore

American Association for the Advancement of Science Pacific Conference

The paper notes that advances in technology have resulted in the emergence of open access publishing and scholarly communication. Open access publishing typically provides an internet based digital platform for the publication of research output with unrestricted access to the public while scholarly publication networks encompass inter linked information access to database by educational institutions. The growth of open access publishing and scholarly communication has been very remarkable in many developed countries. However, academic and research institutions in many developing countries like Nigeria are still battling to overcome many challenges in an attempt to make their research outputs openly accessible ...


American Association For The Advancement Of Science Pacific Division Conference: Panel Presentation Questions, J. Cory Tucker Jun 2013

American Association For The Advancement Of Science Pacific Division Conference: Panel Presentation Questions, J. Cory Tucker

American Association for the Advancement of Science Pacific Conference

Questions asked of the panel regarding scholarly communication, open access publishing, copyright and intellectual property.


Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino Mar 2013

Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino

FIMS Presentations

Access Copyright is a collective organization representing the
copyright interests of publishers and creators. The collective offers
copyright licences that allow certain limited uses of works in the
collective's repertoire. The use of collective licences as part of
copyright management policy was common in post-secondary education
administration until 2010, when many universities opted out of a
contractual relationship with Access Copyright.

The growing movement towards online open access publishing and
Creative Commons public licensing has made information more widely
available without requiring payment and with fewer restrictions on
use. The addition of education to the list of fair dealing ...


Are Student Affairs Professionals “Educators?:” Student Affairs And The Scope Of The Educational Exemption Of Copyright Law, Dallas Long Jan 2013

Are Student Affairs Professionals “Educators?:” Student Affairs And The Scope Of The Educational Exemption Of Copyright Law, Dallas Long

Faculty and Staff Publications – Milner Library

Copyright is a critical, emerging issue in American higher education. Copyright restricts how educators use copyrighted materials in teaching activities. Although the fair use doctrine and the educational exemption in U.S. copyright law provide exceptions for educators, student affairs professionals might not meet the standards of the educational exemption. This paper serves as a primer on U.S. copyright law, the fair use doctrine, and the educational exemption. Analyses of case law suggest student affairs professionals should rely on the fair use doctrine rather than the educational exemption when using copyrighted materials for educational purposes.


District Court: Final Order (2012), Orinda Evans Aug 2012

District Court: Final Order (2012), Orinda Evans

Georgia State University Copyright Lawsuit

No abstract provided.


District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans May 2012

District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans

Georgia State University Copyright Lawsuit

Ruling from the District Court

Cambridge Univ. Press v. Becker, 863 F. Supp. 2d 1190 (N.D. Ga. 2012)


Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly Dec 2010

Towards A Pedagogy Of Fair Use For Multimedia Composition, Renee Hobbs, Katie E. Donnelly

Renee Hobbs

No abstract provided.


Waardering Van Intellectuele Eigensomsrechten, Severin De Wit Nov 2009

Waardering Van Intellectuele Eigensomsrechten, Severin De Wit

Severin de Wit

Waardering van Intellectuele eigendomsrechten is een nog onontgonnen terrein. Bestaande waarderingstechnieken zijn in veel gevallen ontoereikend voor een bruikbare waardering. Omstandigheden die voor een waardering van belang kunnen zijn.


Originality, Gideon Parchomovsky, Alex Stein Mar 2009

Originality, Gideon Parchomovsky, Alex Stein

Faculty Scholarship at Penn Law

In this Essay we introduce a model of copyright law that calibrates authors’ rights and liabilities to the level of originality in their works. We advocate this model as a substitute for the extant regime that unjustly and inefficiently grants equal protection to all works satisfying the “modicum of creativity” standard. Under our model, highly original works will receive enhanced protection and their authors will also be sheltered from suits by owners of preexisting works. Conversely, authors of less original works will receive diminished protection and incur greater exposure to copyright liability. We operationalize this proposal by designing separate rules ...


Copyright, Clickers, And Consensus, Jonathan Bacon Jul 2008

Copyright, Clickers, And Consensus, Jonathan Bacon

SIDLIT Conference Proceedings

A discussion about classroom copyright issues and integrating technology.


The Movement For Open Access Law, Michael W. Carroll May 2006

The Movement For Open Access Law, Michael W. Carroll

Michael W. Carroll

My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very ...


The Movement For Open Access Law, Michael W. Carroll Jan 2006

The Movement For Open Access Law, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very ...


Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems Jan 1998

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.


Copyright Protection Of Software, Severine Desimpelaere Jan 1998

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes ...