Intellectual Property Law Commons^™

A Grand Challenges-Based Research Agenda For Scholarly Communication And Information Science [Mit Grand Challenge Pubpub Participation Platform], Micah Altman, Chris Bourg

Copyright, Fair Use, Scholarly Communication, etc.

Identifying Grand Challenges

A global and multidisciplinary community of stakeholders came together in March 2018 to identify, scope, and prioritize a common vision for specific grand research challenges related to the fields of information science and scholarly communications. The participants included domain researchers in academia, practitioners, and those who are aiming to democratize scholarship. An explicit goal of the summit was to identify research needs related to barriers in the development of scalable, interoperable, socially beneficial, and equitable systems for scholarly information; and to explore the development of non-market approaches to governing the scholarly knowledge ecosystem.

To spur discussion and …

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright

Presentations

This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to …

Prophylactic Merger Policy, Herbert J. Hovenkamp

All Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there …

Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson

Copyright, Fair Use, Scholarly Communication, etc.

Highlights include hosting the ACRL Scholarly Communications Roadshow, joining the National Library of Medicine’s PubMed Link-out program, the Gerald Hodges Intellectual Freedom Chapter Relations Award from the American Library Association, institutional repository deposits and traffic, journals published, Zea Books published, conferences, presentations, publications, staffing notes, and student workers.

What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright

Presentations

Now that you know the foundations of enforceable contracts, and want to have more familiarity with some nuts and bolts of contract language to become a better negotiator for your institutions, you will want to take this second webinar.
Participants will learn:
• What are the basic provisions or clauses of a contract?
• What do these provisions obligate my institution to do?
• What do these provisions obligate the other party to do?
• What rights does my institution have if the other party breaks its obligations?

Ereserves, Annotations, And Registration: Copyright At The 11th Circuit, Stephen Wolfson

Presentations

This presentation discusses eReserves, the 11th circuit and copyright issues surrounding the Georgia State University case heard by Judge Evans in 2008.

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Peter K. Yu

Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.

This article aims to provide a systematic analysis of the linkage …

The Costs Of Trademarking Dolls, Jessica Silbey

Faculty Scholarship

Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …

Library Publishing Directory 2019, Library Publishing Coalition, Melanie Schlosser, Alexandra Hoff, Jessica Kirschner, Janet Swatscheno, Robert Browder, Tom Bielavitz

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Introduction vii * Library Publishing Coalition Committees xi *

LIBRARIES IN THE UNITED STATES AND CANADA * Abilene Christian University * American Theological Library Association * Asbury Theological Seminary * Ball State University * Bates College * Boston College * Brigham Young University * Butler University * California State University, Northridge * Claremont Colleges Library * Colby College * Columbia University * Dartmouth College * Embry-Riddle Aeronautical University * Florida Atlantic University * Florida International University * Florida State University * George Mason University * Georgetown University * Georgia Gwinnett College * Grand Valley State University * Gustavus Adolphus …

Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

We believe that Elsevier and other major publishers are continuing to engage in anti-competitive practices, which are continuously worsening, and that information gained in the last 15 years urges immediate investigation and intervention into this unregulated market space. This could be, for example, through an empirical analysis of the scholarly publishing market; by having an independent regulatory body monitoring and overseeing the digital services provided by Elsevier and others within the industry; banning the use of non-disclosure clauses in licensing contracts; requiring transparency into the production costs of research articles and publishing operations; banning the use of inappropriate journal-level metrics …

11th Circuit Court Of Appeals: Cambridge Univ. Press V.Albert, Opinion (2018), 11th Circuit Court Of Appeals

Georgia State University Copyright Lawsuit

No abstract provided.

The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we …

Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie

Copyright, Fair Use, Scholarly Communication, etc.

MIT researchers, students, and staff have long valued and put into action MIT’s mission to generate and disseminate knowledge by openly and freely sharing research and educational materials. Indeed, the Institute has been at the forefront of the sharing culture: MIT launched OpenCourseWare (OCW), a free webbased publication of virtually all MIT course content in 2001; in 2002 released DSpace, an open-source platform for managing research materials and publications co-created by MIT Libraries staff; and adopted the first campus-wide faculty open access (OA) policy in the US in 2009.

Convening an open access task force was one of the 10 …

The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz

Copyright, Fair Use, Scholarly Communication, etc.

The main contributors of scientific knowledge—researchers—generally aim to disseminate their findings far and wide. And yet, publishing companies have largely kept these findings behind a paywall. With digital publication technology markedly reducing cost, this enduring wall seems disproportionate and unjustified; moreover, it has sparked a topical exchange concerning how to modernize academic publishing. This discussion, however, seems to focus on how to compensate major publishers for providing open access through a pay-to-publish model, in turn transferring financial burdens from libraries to authors and their funders. Large publishing companies, including Elsevier, Springer Nature, Wiley, PLoS, and Frontiers, continue to earn exorbitant …

The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert T. Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz

Psychology Faculty Articles and Research

The main contributors of scientific knowledge—researchers—generally aim to disseminate their findings far and wide. And yet, publishing companies have largely kept these findings behind a paywall. With digital publication technology markedly reducing cost, this enduring wall seems disproportionate and unjustified; moreover, it has sparked a topical exchange concerning how to modernize academic publishing. This discussion, however, seems to focus on how to compensate major publishers for providing open access through a pay-to-publish model, in turn transferring financial burdens from libraries to authors and their funders. Large publishing companies, including Elsevier, Springer Nature, Wiley, PLoS, and Frontiers, continue to earn exorbitant …

University Of Nebraska-Lincoln Digitalcommons: Statistical Report, August 2018, Deeann Allison, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson

Copyright, Fair Use, Scholarly Communication, etc.

To: Deeann Allison, Director, Media & Repository Services, UNL Libraries

I am pleased to transmit the following statistics report on the UNL DigitalCommons, http://digitalcommons.unl.edu

The DigitalCommons is the “institutional repository” for UNL. It’s function is to gather the intellectual output of the university for online public access. It was established in 2005, and now holds 99,000 papers, making it the 3rd largest in the United States, trailing only the University of California system (190,000) and the University of Michigan (120,000). It recently surpassed 50 million downloads, and is the nation’s current leader in that category. Alexa.com reports that the repository …

Operas White Paper: Open Access Business Models, Lara Speicher, Margo Bargheer, Maciej Maryl, Sven Fund, Max Mosterd, Frances Pinter, Lorenzo Armando, Irakleitos Souyioultzoglou, Martin Paul Eve, Delfim Leão

Copyright, Fair Use, Scholarly Communication, etc.

The white paper on Business Models for Open Access proposes that there is no single ideal business model for Open Access that can be adopted as standard. It describes the current landscape in which there are multiple approaches to OA publishing, many of which are adopted by OPERAS members to suit their particular circumstances, although the APC and BPC models still predominate especially among commercial publishers. The paper describes the business models adopted by members both from the point of view of publishers, and of service providers such as Knowledge Unlatched, as well as looking at models emerging elsewhere such …

Digital Legal Deposit In Selected Jurisdictions: Australia, Canada, China, Estonia, France, Germany, Israel, Italy, Japan, Netherlands, New Zealand, Norway, South Korea, Spain, United Kingdom, Peter Roudik, Kelly Buchanan, Tariq Tariq Ahmad, Laney Zhang, Nerses Isajanyan, Nicolas Boring, Jenny Gesley, Ruth Levush, Dante Figueroa, Sayuri Umeda, Elin Hofverberg, Graciela Rodriguez-Ferrand, Clare Feikert-Ahalt

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary by Peter Roudik, Assistant Law Librarian of Congress for Legal Research (United States)

This report, prepared by the staff of the Global Legal Research Directorate of the Law Library of Congress, surveys laws regulating the mandatory legal deposit of electronic materials. Fifteen countries representing different approaches to collecting, describing, preserving, and storing digital and non-print documents and providing access to them are included in the study. (See map, below.) These countries were selected because of their long-term experience with collecting online and offline electronic publications. Each country survey provides information on the history of edeposit programs in the …

Around Campus

DePaul Magazine

Reburying the Dead: Returning control of ancient remains to Native American tribes; Communicating Climate Change: DePaul professor discusses effective ways to connect with skeptical and disengaged audiences; The Great Mind of Michael Shannon

Transformed, I'M Sure: A (Polite) Introduction To Fair Use In Dh, Jill Cirasella

Publications and Research

This presentation looks at how the words "including" and "such as" in the fair use section of United States copyright law (i.e., Section 107 of Title 17 of the United States Code) allow for unforeseen fair uses, including transformative works made by digital humanists.

Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle

Library Faculty and Staff Publications

This lesson was developed for students preparing to enter professional practice who were assigned to write and/or illustrate a technical howto manual on a topic of their choice (how to put on ski boots, draw blood, use a fitness tracking app, etc.). The teaching librarian conducts a class session on finding and creating images to illustrate the manuals and teaches differences between using copyrighted and non-copyrighted images. The students work on finding images in the public domain, creating their own images, and incorporating copyrighted images via Creative Commons licenses and the principle of fair use. Librarians can teach this lesson …

Unbundling Open Access Dimensions: A Conceptual Discussion To Reduce Terminology Inconsistencies, Alberto Martín-Martín, Rodrigo Costas, Thed N. Van Leeuwen, Emilio Delgado López-Cózar

Copyright, Fair Use, Scholarly Communication, etc.

The current ways in which documents are made freely accessible in the Web no longer adhere to the models established Budapest/Bethesda/Berlin (BBB) definitions of Open Access (OA). Since those definitions were established, OA-related terminology has expanded, trying to keep up with all the variants of OA publishing that are out there. However, the inconsistent and arbitrary terminology that is being used to refer to these variants are complicating communication about OA-related issues. This study intends to initiate a discussion on this issue, by proposing a conceptual model of OA. Our model features six different dimensions (authoritativeness, user rights, stability, immediacy, …

Regulation And The Marginalist Revolution, Herbert J. Hovenkamp

All Faculty Scholarship

The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a corporation’s …

Digitalcommons Users Discuss The Bepress Acquisition, Paul Royster, Roger Weaver, Marilyn Billings, Phillip Fitzsimmons, Terri Fishel

Copyright, Fair Use, Scholarly Communication, etc.

Since the acquisition of the Berkeley Electronic Press (bepress) by Elsevier last summer, there has been much discussion online, in listserves, and elsewhere about what that development means for the future of open access and scholarly communications. The people most directly affected are the users of the bepress DigitalCommons repository hosting service. Some have recoiled in horror at the new ownership situation, others are waiting to see what happens next. This is a panel discussion by current users concerning what they see in the road ahead, including what they regard as essential services, possible options, functionality requirements, and necessary safeguards.

An Ethical Framework For Library Publishing: Version 0.5 (Draft For Comment), Jason Boczar, Charlotte Roh, Melanie Schlosser, Nina Collins, Rebel Cummings-Sauls, Terri Fishel, Valerie Horton, Harrison Inefuku, Sarah Melton, Joshua Neds-Fox, Wendy C. Robertson, Jaclyn Sipovic, Camille Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Background: At the Library Publishing Coalition (LPC) Membership Meeting at the 2017 Library Publishing Forum in Baltimore, Maryland, the community discussed how the LPC can respond to the current political climate. The discussion was wide-ranging, but kept coming back to the importance of library values and our responsibility as library publishers to center our publishing practice around them. A number of those present offered to devise a way for the conversation to continue beyond the Forum. That group included Marilyn Billings, Jason Boczar, Rebel Cummings-Sauls, Harrison W. Inefuku, Joshua Neds-Fox, Matt Ruen, Emily Stenberg, and Monica Westin, who proposed …

Dh Brothers Industries (Pty) Limited Vs. Olivine Industries (Pty) Limited (Appeal No. 74/2010) [2012] Zmsc 17, Chanda N. Tembo

SAIPAR Case Review

No abstract provided.

Us China Trade Dispute Over Intellectual Property, Mozi Luo

Master's Projects

How have Section 301 investigations impacted trade relations between China and the U.S. in clean energy area, and between Japan and the U.S. in semiconductor and auto part areas, and does the impact provide a guide for the possible outcome of the upcoming Section 301 investigation of China?

After President Donald Trump’s memorandum on August 14, 2017 stating that China’s behavior regarding intellectual property rights (IPR) and the high technology industries adversely influences the U.S. economy, the United States Trade Representative (USTR) declared the initiation of a section 301 investigation of China on the topic of technology transfer and intellectual …

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses and Dissertations

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …

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

Library Presentations, Posters, and Audiovisual Materials

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 …

Boai 15 Survey Report, Nick Shockey, Heather Joseph, Melissa Hagemann

Copyright, Fair Use, Scholarly Communication, etc.

The 15th anniversary of the Budapest Open Access Initiative provided an excellent opportunity to take stock of global progress toward open access and to gauge the main obstacles still remaining to the widespread adoption of open access policies and practices. As part of this process, feedback was solicited through an open survey that was disseminated online, and that received responses from individuals in 60 countries around the world.

Markers of progress are clear. The lack of understanding of the concept of open access and a myriad of misconceptions that were pervasive at the time of the BOAI’s original convening have …