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Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Copyright, Fair Use, Scholarly Communication, etc. (10)
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Articles 1 - 30 of 47
Full-Text Articles in Social and Behavioral Sciences
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
Stephen M. Maurer
Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …
H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock
H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock
Copyright, Fair Use, Scholarly Communication, etc.
A bill put forth during the first Session of the 114th Congress to establish the United States Copyright Office as an independent agency, and for other purposes. This Act may be cited as the "Copyright Office for the Digital Economy Act."
Proposes enacting changes to Section 701 and Section 408 of Title 17 of the United States Code to remove the United States Copyright Office from the Legislative branch of the federal government and move it to the Executive branch of the federal government, along with proposals for associated transfer of administrative and technical functions.
The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew
The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew
Contributions to Books
This Essay, a chapter published in the book Hollywood and the Law (Palgrave Macmillan / British Film Institute, 2015), explores how courts have sought to balance the competing interests at stake when filmmakers make unauthorized uses of trademarks in their work and brand owners threaten liability for infringement. Using the seminal Rogers v. Grimaldi decision as a key pivot point, the Essay traces the remarkable change in approaches that courts have taken to First Amendment defenses in trademark cases in the past few decades. In presenting case studies of two opinions -- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. …
27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan
27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan
Marcus R Wigan
Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn
Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn
Research Collection Yong Pung How School Of Law
There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean …
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
William K. Ford
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers
Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers
Amy L. Landers
Although the promise of an emerging patent market is thought to provide future benefits to invention, innovation, and the public, this essay examines the possibility that the aggregate influence of this activity could instead destabilize patent values in a manner that mirrors the "bubble" phenomenon that occurred in certain markets in the past. To the extent that this occurs, this would destabilize the patent system and might have negative consequences for the future of investment in research, development and innovation.
Freedom In My Heart, Karen Sandler
Copyright, Fair Use, Creative Commons Licensing, Open Education, Charlotte Roh
Copyright, Fair Use, Creative Commons Licensing, Open Education, Charlotte Roh
Charlotte Roh
Workshop presentation for faculty who have projects for the Five College Consortium's Blended Learning in the Humanities and Humanistic Social Sciences.
Endogenous Research And Development And Intellectual Property Laws In Developed And Emerging Economies, Aniruddha Bagchi, Abhra Roy
Endogenous Research And Development And Intellectual Property Laws In Developed And Emerging Economies, Aniruddha Bagchi, Abhra Roy
Abhra Roy
The incentive of providing protection of intellectual property has been analyzed both for an emerging economy and for a developed economy. The optimal patent length and the optimal patent breadth within a country are found to be positively related to each other for a fixed structure of laws abroad. Moreover, a country can respond to stronger patent protection abroad by weakening its patent protection under certain circumstances and by strengthening its patent protection under other circumstances. These results depend on the curvature of the research-and-development production function. Finally, we investigate the impact of an increase in the willingness to pay …
Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino
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.
It …
Integration Of Information Literacy Skills To Mechanical Engineering Capstone Projects, Farshid Zabihian, Mary L. Strife, Marian G. Armour-Gemmen
Integration Of Information Literacy Skills To Mechanical Engineering Capstone Projects, Farshid Zabihian, Mary L. Strife, Marian G. Armour-Gemmen
Faculty & Staff Scholarship
Searching for information and using that information appropriately is an essential part of every engineering design project. It has been reported that design engineers spend about 30% of their time searching for information. Experience shows that even senior level students have not received proper training, either directly or indirectly, in information literacy (IL). They usually search for information intuitively. For mechanical and aerospace engineering students at West Virginia University Institute of Technology (WVU Tech), the Mechanical Engineering System Design I and II courses (MAE 480 and 481) are probably the last chance to teach students about IL. In this project, …
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
Christopher McElwain
Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …
10 Things You Should Know About...Scholarly Communication, Molly Keener, Joy Kirchner, Sarah Shreeves, Lee Van Orsdel
10 Things You Should Know About...Scholarly Communication, Molly Keener, Joy Kirchner, Sarah Shreeves, Lee Van Orsdel
Copyright, Fair Use, Scholarly Communication, etc.
For its general concept, the authors are deeply indebted to the EDUCAUSE “Seven Things You Need to Know About…” reports.
The Stm Report: An Overview Of Scientific And Scholarly Journal Publishing, Mark Ware, Michael Mabe
The Stm Report: An Overview Of Scientific And Scholarly Journal Publishing, Mark Ware, Michael Mabe
Copyright, Fair Use, Scholarly Communication, etc.
Contents
Executive summary ● Scholarly communication ● The research cycle ● Types of scholarly communication ● Changes in scholarly communication system ● The journal ● What is a journal? ● The journals publishing cycle ● Sales channels and models ● Journal economics and market size ● Journal and articles numbers and trends ● Global trends in scientific output ● Authors and readers ● Publishers ● Peer review. ● Reading patterns ● Disciplinary differences ● Citations and the Impact Factor ● Costs of journal publishing ● Authors’ behaviour, perceptions and attitudes ● Publishing ethics ● Copyright and licensing ● Long term …
Codes Of Best Practice For Fair Use, Denise George
Codes Of Best Practice For Fair Use, Denise George
Selections from the University Library Blog
No abstract provided.
Fair Use Fundamentals, Association Of Research Libraries, Yippa
Fair Use Fundamentals, Association Of Research Libraries, Yippa
Copyright, Fair Use, Scholarly Communication, etc.
Copyright law is a carefully balanced system meant to encourage creativity as well as cultural and scientific progress. The law encourages authors by giving them limited control over certain uses of their works, and it encourages everyone (including authors) to use existing cultural and scientific material without permission, under certain circumstances, to engage in a wide variety of vital activities. Many parts of the law favor the freedom to use culture, but by far and away the most flexible, powerful, and universal user’s right is fair use. As you’ll see below: fair use is a right, fair use is vitally …
Fair Use: The Four Factors, Kathryn Michaelis
Fair Use: The Four Factors, Kathryn Michaelis
Selections from the University Library Blog
No abstract provided.
Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele
Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele
Layne S. Keele
In Apple, Inc. v. Motorola, Inc., 757 F.3d 1286 (Fed. Cir. 2014), the four federal judges who considered the case—Judge Posner by designation at the trial level, and three Federal Circuit judges on appeal—all expressed differing opinions on the question of whether and to what extent extraordinary patent remedies should be available for the infringement of standard-essential patents. This article aims to simplify this muddled and confusing topic.
The article employs a teleological approach, examining the purposes behind remedies in general, the purposes of extraordinary remedies in patent law, and the purposes of RAND commitments (commitments to license standard-essential …
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Carys Craig
Copyright law currently forces all intellectual production into a doctrinal model shaped by individualistic assumptions about the authorial ideal. To the extent that the truly original author-owner is conceptualized as an individual (and not a function or fiction), he depends upon Enlightenment ideals of individuation, detachment, and unity. A competing view of the author sees her as necessarily engaged in a process of adaptation, translation and recombination. This version of authorship coheres with a view of the individual as socially constituted: her expression is the result of the complex variety of texts and discourses that she encounters (and by which …
Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox
Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox
Copyright, Fair Use, Scholarly Communication, etc.
In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-in-residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.
Exploring the implications of one critically important case for research libraries, Jonathan Band, legal counsel to the …
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan
Hannah W Brennan
The United States spends nearly $1,000 per person annually on drugs—40 percent more than the next highest spender, Canada, and more than twice the amount France and Germany spend. Although myriad factors contribute to high drug spending in the United States, the crucial role that intellectual property laws play in inhibiting access to cheaper, generic medications is among one of the best documented. Yet, for the most part, the discussion of the relationship between intellectual property law and drug spending has centered on patent protection. Recently, however, a few researchers have turned their attention to a different exclusivity—trademark law. New …
Psicología Cognitiva De Las Marcas Y Confusión Desleal. Aportes Para La Represión De La Competencia Desleal, Alejandro Castro
Psicología Cognitiva De Las Marcas Y Confusión Desleal. Aportes Para La Represión De La Competencia Desleal, Alejandro Castro
Alejandro Castro
Se realiza un breve análisis al papel que juega la psicología cognitiva aplicada a la investigación de marcas y su papel en la verificación de supuestos de represión de la competencia desleal. En conclusión, se propone integrar conceptos desde la psicología y el marketing para el análisis fáctico de supuestos ilícitos como confusión e inclusive aplicarlos para otros ámbitos como es el caso de dilución.
Access To Scientific Data In The 21st Century: Rationale And Illustrative Usage Rights Review, James Campbell
Access To Scientific Data In The 21st Century: Rationale And Illustrative Usage Rights Review, James Campbell
Copyright, Fair Use, Scholarly Communication, etc.
Making scientific data openly accessible and available for re-use is desirable to encourage validation of research results and/or economic development. Understanding what users may, or may not, do with data in online data repositories is key to maximizing the benefits of scientific data re-use. Many online repositories that allow access to scientific data indicate that data is “open,” yet specific usage conditions reviewed on 40 “open” sites suggest that there is no agreed upon understanding of what “open” means with respect to data. This inconsistency can be an impediment to data re-use by researchers and the public.
Creative Copyright: Tailoring Intellectual Property Policies And Business Strategies For Creative Content Industries In The Digital Age, Bhamati Viswanathan
Creative Copyright: Tailoring Intellectual Property Policies And Business Strategies For Creative Content Industries In The Digital Age, Bhamati Viswanathan
SJD Dissertations
My dissertation explores intellectual property rights in three fields: fashion, music and education. I examine the varying degrees of IP rights in those fields, and ask whether the differing levels of rights are appropriate to keep these industries creative, innovative and robust. I further examine the salient characteristics of those rights and ask whether such an understanding might help to determine optimal levels of IP protection in other creative industries.
Promoting Innovation, Matthew Sag, Spencer Weber Waller
Promoting Innovation, Matthew Sag, Spencer Weber Waller
Faculty Articles
This Essay proceeds as follows. We briefly introduce the concept of creative destruction and its place in Schumpeter’s work in Part II. In Part III we explain why a truly Schumpeterian competition policy demands more than a laissez faire approach. We explain why the law must preserve opportunities and incentives for creative destruction at all stages of innovation and we review four key policy areas of antitrust law from this innovation-focused perspective: unilateral conduct cases (Part III.A), cases at the intersection of IP and antitrust (Part III.B), Sherman Act section 1 cases (Part III.C), and merger policy (Part III.D). In …
Copyright Trolling, An Empirical Study, Matthew Sag
Copyright Trolling, An Empirical Study, Matthew Sag
Faculty Articles
This Article proceeds as follows: Part II locates MDJD suits within the broader context of the IP troll debate. It explains why attempts to define copyright trolls in terms of status—i.e., in terms of the plaintiff’s relationship to the underlying IP—are ultimately flawed and suggests a conduct-focused approach based on identifying systematic opportunism. Part II explains why MDJD lawsuits have all of the hallmarks of copyright trolling, and it explores the basic economics of MDJD litigation. It then presents empirical data documenting the astonishing rise of MDJD lawsuits over the past decade. Part III explores the role of statutory damages …
Traditional Knowledge Governance Challenges In Canada, Jeremy De Beer
Traditional Knowledge Governance Challenges In Canada, Jeremy De Beer
Jeremy de Beer
No abstract provided.
Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho
Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho
Adrian K. Ho
No abstract.