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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

A Critical Librarianship Approach For Teaching Patent Searching: Who Becomes An Inventor In America?, Dave Zwicky, Ilana Stonebraker Dec 2023

A Critical Librarianship Approach For Teaching Patent Searching: Who Becomes An Inventor In America?, Dave Zwicky, Ilana Stonebraker

Libraries Faculty and Staff Scholarship and Research

The ways in which a technology is invented, owned, and approved are strongly influenced by the same oppressive and exclusionary structures that critical librarianship interrogates. Patents, limited-term grants of rights to inventions, are issued to inventors in exchange for detailed specifications of the invention. This paper examines current practices used by business librarians in teaching students how to find patents and how these practices could be critically informed given the nature of the United States patent system as it exists today. An output of this work is a suggested lesson plan with recommended resources.


International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre Oct 2019

International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre

Charleston Library Conference

Copyright is usually justified with arguments about defending the natural right of authors to control their creations, or claims that limited monopolies spur innovation for the greater good of society. I contrarily assert that the primary intent of copyright has generally been to protect powerful industries in advanced countries and ensure control over emerging markets that rely on the importation of intellectual property.

As global trade expanded in the 19th century, a patchwork quilt of domestic copyright laws and bilateral treaties failed to stem rampant infringement that hurt publishers’ export revenues. Re-printers and readers, however, benefited from lower prices. The …


Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen Oct 2019

Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen

Charleston Library Conference

This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …


Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt Oct 2016

Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt

Charleston Library Conference

Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …


One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton Oct 2016

One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton

Charleston Library Conference

Thoroughly understanding what professors and instructors needed to accomplish their teaching goals with streaming video was the first step enabling one academic library to successfully manage a rapid increase in demand for streaming media. The second element was incorporating an expert understanding of copyright law and the nature of the video marketplace.

This paper will strive to educate librarians and other professional library staff on how they can best integrate media streaming into mainstream library services for their campus faculty, as well as how to provide a full range of streaming services. The paper also will address workflow, communication with …