Intellectual Property Law Commons^™

Bibliography For "Keeping The Rhythm Of Creativity: Celebrating The Performing Arts And Intellectual Property", Isabella Piechota, Arianna Tillman, Kalea Brown, Katherine Roth

Library Displays and Bibliographies

A bibliography created to support a display about the performing arts and intellectual property at the Leatherby Libraries during April 2024 at the Leatherby Libraries at Chapman University.

The Second Digital Transformation Of Scholarly Publishing: Strategic Context And Shared Infrastructure, Tracy Bergstrom, Oya Y. Rieger, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

Today, the scholarly publishing sector is undergoing its second digital transformation. The first digital transformation saw a massive shift from paper to digital, but otherwise publishing retained many of the structures, workflows, incentives, and outputs that characterized the print era. A variety of shared infrastructure was developed to serve the needs of this first digital transformation. In this current second digital transformation, many of the structures, workflows, incentives, and outputs that characterized the print era are being revamped in favor of new approaches that bring tremendous opportunities, and also non-trivial risks, to scholarly communication. The second digital transformation requires shared …

Royster Receives Lifetime Achievement Award, Retires From Nebraska

Copyright, Fair Use, Scholarly Communication, etc.

Paul Royster, coordinator for scholarly communication, completes his 19-year career at the University of Nebraska- Lincoln Libraries with a Lifetime Achievement Award from Elsevier Digital Commons for work on behalf of the faculty and students in the growth of the Universityʼs institutional repository (IR) and his innovations that have shaped the development of the platform.

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.

Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria

Popular Media

This article urges Indian policymakers and courts to be cautious in extending existing IP protections to work generated by Artificial Intelligence. Reflecting on the concept of human-centricity in copyright law, it draws upon a recent US District Court judgement in Stephen Thaler v. Shira Perlmutter, which deals with the question of whether a work autonomously generated by AI should be copyrightable. It goes on to examine the Indian copyright regime in light of changing attitudes to AI regulation across the world.

Report To The U. S. Congress On Financing Mechanisms For Open Access Publishing Of Federally Funded Research, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary The White House Office of Science and Technology Policy (OSTP) submits this report to the Appropriations Committees of the Senate and the House in fulfillment of the requirement in the Committee Report accompanying the Consolidated Appropriations Act, 2023 (P.L. 117-328) for financing mechanisms for open access publishing of federally funded research.1 According to that Report, “The Committee recognizes the considerable progress made by OSTP” and “encourages OSTP to continue its efforts to coordinate the implementation of public access policies across Federal departments and agencies and to identify additional opportunities to enhance access to the results of Federally funded …

Navigating Risk In Vendor Data Privacy Practices: An Analysis Of Elsevier's Sciencedirect, Becky Yoose, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

As libraries transitioned from buying materials to licensing content, serious threats to privacy followed. This change shifted more control over library user data (and whether it is collected or kept at all) from the local library to third-party vendors, including personal data about what people search for and what they read. This transition has further reinforced the move by some of the largest academic publishers to move beyond content and become data analytics businesses that provide platforms of tools used throughout the research lifecycle that can collect user data at each stage. These companies have an increasing incentive …

Executive Order On The Safe, Secure, And Trustworthy Development And Use Of Artificial Intelligence, Joseph R. Biden

Copyright, Fair Use, Scholarly Communication, etc.

Section 1. Purpose. Artificial intelligence (AI) holds extraordinary potential for both promise and peril. Responsible AI use has the potential to help solve urgent challenges while making our world more prosperous, productive, innovative, and secure. At the same time, irresponsible use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation; displace and disempower workers; stifle competition; and pose risks to national security. Harnessing AI for good and realizing its myriad benefits requires mitigating its substantial risks. This endeavor demands a society-wide effort that includes government, the private sector, academia, and civil society.

My Administration places the highest urgency …

The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough

Library Services Publications

A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.

Comparison Of Library Publishing Workflows By Oa Model, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Population of an institutional repository is a form of publishing. Green and diamond OA library publishing workflows are compared. The workflow for gold OA does not involve library publishing. Some data about the UNL Digital Commons institutional repository (https://digitalcommons.unl.edu) are included.

Article Processing Charges For Open Access Journal Publishing: A Review, Ángel Borrego

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

Some open access (OA) publishers charge authors fees to make their articles freely available online. This paper reviews literature on article processing charges (APCs) that has been published since 2000. Despite praise for diamond OA journals, which charge no fees, most OA articles are published by commercial publishers that charge APCs. Publishers fix APCs depending on the reputation assigned to journals by peers. Evidence shows a relationship between high impact metrics and higher, faster rising APCs. Authors express reluctance about APCs, although this varies by discipline depending on previous experience of paying publication fees and the availability of research …

Defining Open Scholarly Infrastructure: A Review Of Relevant Literature, Saman Goudarzi, Richard Dunks

Copyright, Fair Use, Scholarly Communication, etc.

This report outlines IOI’s initial attempt towards a framework for understanding open infrastructure for research and scholarship. For this report, we examined a body of literature that includes works across the fields of anthropology, scholarly communications, international development studies, science and technology studies, and infrastructure studies. ....

This review also makes clear that the distinguishing feature between open infrastructure and its commercially-run and -operated counterparts is the fact that its value lies not just in its ability to support productive functions but how it fosters positive and desirable social practices and values. It is insufficient to simply assert certain values …

The Open Access Journals Toolkit, Alex Mendonça, Andrea Chiarelli, Andy Byers, Andy Nobes, Chris Hartgerink, Clarissa França Dias Carneiro, Elle Malcolmson, Ivonne Lijano, Katie Foxall, Lucia Loffreda, Rebecca Wojturska, Solange Santos, Susan Murray, Tom Olijhoek, Wendy Patterson

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Getting Started 5 • Scope, aims and focus 5 • Choosing a title for your journal 6 • Types of content accepted 7 • Kick-off and ongoing funding 11 • Disciplinary considerations 16 • Journal setup checklist and timeline 18 • Running a journal 20 • Article selection criteria 20 • Publication frequency and journal issues 23 • Attracting authors 25 • Peer review and quality assurance 27 • The costs of running an online open access journal 31 • Running a journal in a local or regional language 34 • Flipping a journal to open access 36 • …

U.S Department Of Energy Public Access Plan, U.S Department Of Energy

Copyright, Fair Use, Scholarly Communication, etc.

This document, the Public Access Plan (the Plan) for the Department of Energy (DOE or Department), including the National Nuclear Security Administration, presents the Department of Energy’s plan for increasing access to the results of the research and development (R&D) it supports in response to the August 25, 2022, Office of Science and Technology Policy (OSTP) Memorandum, “Ensuring Free, Immediate, and Equitable Access to Federally Funded Research”1 and to the previous February 22, 2013, OSTP Memorandum, “Increasing Access to the Results of Federally Funded Scientific Research.”2 This Plan, which supplants the Department’s July 2014 Public Access Plan, was developed by …

The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott

Baker Scholar Projects

Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …

Name Change Practices, Digital Commons Institutional Repository, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Includes information on practices for starting the process, guidelines for remedy by type of name change, and default practices for change of first/given name for name changes in the University of Nebraska-Lincoln Libraries' Digital Commons institutional repository.

Confused About Copyright?, Sara Anne Hook

Graduate Scholarship and Professional Work

No abstract provided.

Ithaka S+R Us Library Survey 2022: Navigating The New Normal, Ioana G. Hulbert

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R Library Survey has examined leadership and strategic perspectives in the field by surveying library deans and directors nationally on a triennial basis since 2010. The research project’s overarching goals are to provide the library community with a valuable data source to inform decision making and track the emerging opportunities and challenges leaders face in steering their organizations. In fall 2022, we surveyed library leaders at not-for-profit four-year academic institutions across the United States, with a response rate of 42 percent based on 612 responses.

In this sixth iteration of the project, we continued to track high-level issues …

Generative Artificial Intelligence And Copyright Law, Christopher T. Zirpoli

Copyright, Fair Use, Scholarly Communication, etc.

Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other …

Fog Of War: How The Ukraine Conflict Transformed The Cyber Threat Landscape, Threat Analysis Group (Tag), Mandiant, Google Trust & Safety

Copyright, Fair Use, Scholarly Communication, etc.

One year ago, Russia invaded Ukraine. Since then, tens of thousands of people have been killed, millions of Ukrainians have fled and the country has sustained tens of billions of dollars worth of damage. Importantly, this marks the first time that cyber operations have played such a prominent role in a world conflict.

Since the war began, governments, companies, civil society groups, and countless others have been working around the clock to support the Ukrainian people and their institutions. At Google, we support these efforts and continue to announce new commitments and support to Ukraine. This includes a donation of …

Arxiv Annual Report 2022, Cornell Tech

Copyright, Fair Use, Scholarly Communication, etc.

arXiv is a curated research-sharing platform open to anyone. As a pioneer in open access, arXiv.org now hosts more than 2.1 million scholarly articles in eight subject areas, curated by our strong community of volunteer moderators who balance content quality with distribution speed. arXiv provides an article submission portal, a TeX compilation service, search and discovery tools, web distribution for human readers,API access, machine readable data sets, and community-developed tools. Our emphasis on openness, collaboration, and scholarship provides the strong foundation on which arXiv thrives.

Mission — arXiv is an open platform where researchers can share and discover new, relevant, …

Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah

Book Chapters

In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …

Copyright And Racism, Kimber Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Slides on copyright and racism by Dr. Kimber Thomas with an emphasis on United States copyright.

Includes points related to the origin of United States copyright law, original authorship and tangibility requirements, creation of works via oral or visual tradition and knowledge, the useful articles exclusion, and works made for hire.

The ‘Hijacking’ Of The Scandinavian Journal Of Information Systems: Implications For The Information Systems Community [Opinion], Sune Dueholm Müller, Johan Ivar Sæbø

Copyright, Fair Use, Scholarly Communication, etc.

Journal hijacking, which refers to the attempted brand takeover of a journal by a third party, is a nascent threat confronting the information systems (IS) community, as evidenced by cybercriminals having established an online presence, masquerading as the Scandinavian Journal of Information Systems (SJIS). The SJIS hijacking damages the journal's reputation, leads to payment and publication scams, involves identity theft among unsuspecting IS researchers, and results in tarnished author reputations. Beyond SJIS, journal hijacking presents a threat, not only to the IS community, but also to science and academic integrity in general if researchers and readers cannot distinguish between fake …

Rethinking Innovation At Fda, Rachel Sachs, W. Nicholson Price Ii, Patricia J. Zettler

Scholarship@WashULaw

In several controversial drug approval decisions in recent years, the Food & Drug Administration (FDA) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the agency has come to make many innovation-related judgments as part of …

Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"

Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf

Copyright, Fair Use, Scholarly Communication, etc.

French Résultats principaux

Coûts 2020

• Dépenses d'abonnement aux périodiques électroniques en 2020: 87,5 M€
• Coûts des APC en 2020: 30,1 M€

Coûts prédits sous l'hypothèse d'une évolution à l'identique des tendances observées:

• Dépenses d'abonnement aux périodiques électroniques en 2030: 97,5 M€
• Coûts des APC en 2030: 50,6 M€

Coûts prédits dans un scenario d'accélération vers le gold OA:

• Coûts des APC en 2030: 68,7 M€

Coûts prédits dans un scenario de hausse du libre accès green et transition du libre accès hybride vers gold:

• Coûts des APC en 2030: 38,5 M€

Coûts prédits pour 90% d'articles d'auteurs correspondants affiliés en …

The Impact Of Library Publishing Through The Lens Of The United Nations Sustainable Development Goals, Marie O'Neill

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

As library publishing programmes expand around the world, reports and research pertaining to standards and workflows have proliferated. This paper calls for library publishing programmes to explore the impact of their pogrammes at local, national and international level in relation to their contribution to open access publishing, EDI agendas and the United Nations Sustainable Development Goals. The presentation highlights the UN's SDG Publishers Compact and argues that the SDGs are an ideal lens through which library publishers could examine their impact as library publishers have a strong publishing record in areas such as gender, education and climate as examples.

Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Included:

● Public access background and context

● Summary of the 2022 OSTP Memorandum

● Clarification about the scope of the 2022 OSTP Memorandum

● Timeline for agency adoption of the 2022 OSTP Memorandum

● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)

● Questions and answers

The Emerging Digital Infrastructure For Research In The Humanities, Donald J. Waters

Copyright, Fair Use, Scholarly Communication, etc.

This article advances the thesis that three decades of investments by national and international funders, combined with those of scholars, technologists, librarians, archivists, and their institutions, have resulted in a digital infrastructure in the humanities that is now capable of supporting end-to-end research workflows. The article refers to key developments in the epigraphy and paleography of the premodern period. It draws primarily on work in classical studies but also highlights related work in the adjacent disciplines of Egyptology, ancient Near East studies, and medieval studies. The argument makes a case that much has been achieved but it does not declare …