Law Commons^™

Introductory Discussion, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Joy Kirchner, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly communication: From understanding to engagement. "To set the tone for the day, introduce yourselves and start sharing!" Includes a list of four questions intended to get the conversation started.

Copyrightx: Harvard University Law School, Sue A. Gardner

University of Nebraska-Lincoln Libraries: 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.

A Handbook For Inventors And Innovators: Technology Commercialization At The University Of Nebraska–Lincoln

NUtech Ventures: Publications

OVERVIEW: Director’s Message * Commercialization * Technology Transfer Process * Benefits * Resources

SPONSORED RESEARCH: Process * Bayh-Dole Act * Funding Resources

INVENTION DISCLOSURE: Who * What * When * Why

INTELLECTUAL PROPERTY: Patent * Other Forms of Intellectual Property * Criteria * Barriers to Patenting * Life of a Patent * University Ownership

COMMERCIALIZATION: Licenses and Licensing Process

NUtech Ventures’ mission is to commercialize technologies generated from the research and creative activities of the University of Nebraska–Lincoln. Namely, NUtech Ventures seeks to facilitate the transfer of innovations from the “lab to the marketplace” for the benefit of society. This …

Altmetrics Definitions And Use Cases, National Information Standards Organization (Niso)

Copyright, Fair Use, Scholarly Communication, etc.

The NISO Alternative Assessment Metrics Initiative was begun in July 2013 with funding from the Alfred P. Sloan Foundation, and divided into two phases. Phase II of the Project, which began in late 2014, set out to develop standards covering particular action items identified in Phase I through the creation of three NISO working groups. This document represents the output of the working group tasked with the following action items:

1. To come up with specific definitions for the terms commonly used in alternative assessment metrics, enabling different stakeholders to talk about the same thing; and

2. To identify the …

Final Report: Eunis – Eurocris Joint Survey On Cris And Ir, Lígia Ribeiro, Pablo De Castro, Michele Mennielli

Copyright, Fair Use, Scholarly Communication, etc.

The rising strategic importance of Current Research Information Systems (CRISs) and Institutional Repositories (IRs) for higher education and research institutions relates to the need to foster research and innovation and to provide a faster and broader technology transfer to industry and society. These are critical factors for global competitiveness, and the increasing competition among institutions to increase and disseminate excellence in research is another area where these systems provide a key contribution. Additional important elements with a strong impact on such strategic evolution are the new policies on Open Access, National Research Assessment and Research Funding. It is indeed from …

Altmetrics Data Quality Code Of Conduct, National Information Standards Organization

Copyright, Fair Use, Scholarly Communication, etc.

Altmetrics are increasingly being used and discussed as an expansion of the tools available for measuring the scholarly impact of research in the knowledge environment. The NISO Alternative Assessment Metrics Project was begun in July 2013 with funding from the Alfred P. Sloan Foundation to address several areas of limitations and gaps that hinder the broader adoption of altmetrics. This document is one output from this project, intended to help organizations that wish to use altmetrics to ensure their consistent application across the community. “Working Group C” studied and discussed issues of data quality in the altmetrics realm, an essential …

Finding The Public Domain: Copyright Review Management System Toolkit, Richard C. Adler, Justin Bonfiglio, Kristina Eden, Brian S. Hall, Melissa Levine, University Of Michigan Library Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. In CRMS- US (2008– 11), CRMS reviewed over 170,000 volumes in the HathiTrust Digital Library that were published in the United States between 1923 and 1963 (“CRMS- US”). That first project team— which included reviewers from the University of Michigan, the University of Wisconsin, the University of Minnesota, and Indiana University— identified nearly 87,000 volumes …

Recommendations For Standardized International Rights Statements, Rightsstatements.Org, International Rights Statements Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Europeana, the Digital Public Library of America (DPLA), and many other 1 2 libraries, archives and other cultural heritage institutions believe that everyone should be able to engage with their cultural heritage online. We can help achieve this by giving cultural heritage institutions simple and standardized terms to summarize the copyright status of Works in their collection and how they may be used. These simple and standardized terms we call “Rights Statements.” Providing this information is essential for those who wish to actively engage with the Works they find online. Can they use it in a school report? Print it …

Strengthening Research Through Data Sharing, Elizabeth Warren

Copyright, Fair Use, Scholarly Communication, etc.

Data sharing has incredible potential to strengthen academic research, the practice of medicine, and the integrity of the clinical trial system. Some benefits are obvious: when researchers have access to complete data, they can answer new questions, explore different lines of analysis, and more efficiently conduct large-scale analyses across trials. Other advantages, such as providing a guardrail against conflicts of interest in a clinical trial system in which external sponsorship of research is common and necessary, are less visible yet just as critical. I appreciate that there are many policy, privacy, and practical issues that need to be addressed in …

Converting Scholarly Journals To Open Access: A Review Of Approaches And Experiences, David J. Solomon, Mikael Laakso, Bo-Christer Björk, Peter Suber Editor

Copyright, Fair Use, Scholarly Communication, etc.

This report identifies ways through which subscription-based scholarly journals have converted their publishing models to open access (OA). The major goal was to identify specific scenarios that have been used or proposed for transitioning subscription journals to OA so that these scenarios can provide options for others seeking to “flip” their journals to OA. The report is based on the published literature as well as “gray” literature such as blog posts and press releases. In addition, interviews were conducted with eight experts in scholarly publishing. The report identifies a variety of goals for converting a journal to OA. While there …

Intellectual Freedom For Authors: A Very Brief Overview Of United States Copyright, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

VIII: Intellectual Freedom for Authors: A Very Brief Overview of United States Copyright

What Can Be Copyrighted and What Rights Are Conferred?

Who Owns Copyright in a Work?

Copyright Formalities

Transfer of Copyright

Length of Term of Copyright

Permissions and Licensing

Fair Use

Consequences of Infringement

Copyright For Publishing, Paul Royster

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

What does copyright cover? What is public domain? What is and is not copyrightable and in copyright? How to get copyright?

Open Educational Resources: Policy, Costs And Transformation, Fengchun Miao, Sanjaya Mishra, Rory Mcgreal

Copyright, Fair Use, Scholarly Communication, etc.

Open Educational Resources (OER) — teaching, learning and research materials that their owners make free for others to use, revise and share — offer a powerful means of expanding the reach and effectiveness of worldwide education.

The Commonwealth of Learning (COL) and UNESCO co-organised the World OER Congress in 2012 in Paris. That Congress resulted in the OER Paris Declaration: a statement that urged governments around the world to release, as OER, all teaching, learning and research materials developed with public funds.

This book, drawing on 15 case studies contributed by 29 OER researchers and policy-makers from 15 countries across …

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.

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

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 …

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 …

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 …

Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi

Copyright, Fair Use, Scholarly Communication, etc.

The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …

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.

Mapping The Future Of Scholarly Publishing, Open Science Initiative Working Group

Copyright, Fair Use, Scholarly Communication, etc.

The Open Science Initiative (OSI) is a working group convened by the National Science Communication Institute (nSCI) in October 2014 to discuss the issues regarding improving open access for the betterment of science and to recommend possible solutions. The following document summarizes the wide range of issues, perspectives and recommendations from this group’s online conversation during November and December 2014 and January 2015. The 112 participants who signed up to participate in this conversation were drawn mostly from the academic, research, and library communities. Most of these 112 were not active in this conversation, but a healthy diversity of key …

Understanding Rights Reversion: When, Why, & How To Regain Copyright And Make Your Book More Available, Nicole Cabrera, Jordyn Ostroff, Brianna Schofield

Copyright, Fair Use, Scholarly Communication, etc.

Are you an author who would like to increase your book’s availability? Have you already entered into a publishing agreement for your book? If you answered “yes” to both of these questions, then read on! This guide addresses the needs of authors who wish to make their works available to a wider audience in ways that may be prohibited by the terms of their existing publishing agreements.

For example, this guide will help authors who want to do things like: • Bring their out-of-print books back into print • Publish digital versions of their books • Make their books openly …

The Oligopoly Of Academic Publishers In The Digital Era, Vincent Larivière, Stefanie Haustein, Philippe Mongeon

Copyright, Fair Use, Scholarly Communication, etc.

The consolidation of the scientific publishing industry has been the topic of much debate within and outside the scientific community, especially in relation to major publishers’ high profit margins. However, the share of scientific output published in the journals of these major publishers, as well as its evolution over time and across various disciplines, has not yet been analyzed. This paper provides such analysis, based on 45 million documents indexed in the Web of Science over the period 1973-2013. It shows that in both natural and medical sciences (NMS) and social sciences and humanities (SSH), Reed-Elsevier, Wiley Blackwell, Springer, and …

The Mcdonaldization Of Academic Libraries?, Brian Quinn

Copyright, Fair Use, Scholarly Communication, etc.

George Ritzer, a sociologist at the University of Maryland, has proposed an influential thesis that suggests that many aspects of the fast food industry are making their way into other areas of society. This article explores whether his thesis, known as the McDonaldization thesis, is applicable to academic libraries. Specifically, it seeks to determine to what extent academic libraries may be considered McDonaldized, and if so, what effect McDonaldization may be having on them. It also investigates some possible alternatives to McDonaldization, and their implications for academic libraries.

Where Is The Evidence? Realising The Value Of Grey Literature For Public Policy & Practice, A Discussion Paper, Amanda Lawrence, John Houghton, Julian Thomas, Paul Weldon

Copyright, Fair Use, Scholarly Communication, etc.

The internet has profoundly changed how we produce, use and collect research and information for public policy and practice, with grey literature playing an increasingly important role. The authors argue that grey literature (i.e. material produced and published by organisations without recourse to the commercial or scholarly publishing industry) is a key part of the evidence produced and used for public policy and practice. Through surveys of users, producing organisations and collecting services a detailed picture is provided of the importance and economic value of grey literature. However, finding and accessing policy information is a time-consuming task made harder by …

Leveraging Bibliographic Rdf Data For Keyword Prediction With Association Rule Mining (Arm), Nidhi Kushwaha, O P. Vyas

Copyright, Fair Use, Scholarly Communication, etc.

The Semantic Web ( Web 3.03.0) has been proposed as an efficient way to access the increasingly large amounts of data on the internet. The Linked Open Data Cloud project at present is the major effort to implement the concepts of the Seamtic Web, addressing the problems of in homogeneity and large data volumes. RKBExplorer is one of many repositories implementing Open Data and contains considerable bibliographic information. Th is paper discusses bibliographic data data, an important part of cloud data. Effective searching of bibliographic datasets can be a challenge as many of the papers residing in these databases do …

Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Copyright is a battlefield, and an author’s control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish. In this session you will learn more about U.S. Copyright Law, Author’s Rights, and protecting your Intellectual Property. Faculty members Paul Royster and Sue Gardner will speak on Copyright, Fair Use, and Author Rights. You …

The Interinter-University Consortium For Political And Social Research And The Data Seal Of Approval: Accreditation Experiences , And Opportunities, M Vardigan, J Lyle

Copyright, Fair Use, Scholarly Communication, etc.

The Inter Inter-university Consortium for Political and Social Research (ICPSR), a domain repository with a 50 50-year track record of archiving social and behavioural science data, applied for for—and acquired acquired—the Data Seal of Approval (DSA) in 2010. DSA is a non non-intrusive, straightforward approach to assessing organizational, technical, and operational infrastructure infrastructure, and signifies a basic level of accreditation . DSA assessment helped ICPSR become more transparent , monitor and improve archival processes and procedures , and raise awareness within the organization and beyond about best practice practices for repositories repositories. We relate our experience experiences with the DSA …

Building On The International Polar Year : D Iscovering Interdisciplinary Data Through Federated Search, L. Yarmey, S.J. Khalsa

Copyright, Fair Use, Scholarly Communication, etc.

The legacy of the International Polar Year 2007 2007–2008 (IPY) includes advances in open data and meaningful progress toward towards interoperability of data, systems, and standards. Enabled by metadata brokering technologies and by the growing adoption of international metadata standards, federated data search welcomes diversity in Arctic data and recognizes the value of expertise in community data repositories repositories. Federated search enables specialized data holdings to be discovered by broader audiences and complements the role of metadata registries such as the Global Change Master Directory, providing interoperability across the Arctic web-of -repositories.

Proportion Of Open Access Papers Published In Peer-Reviewed Journals At The European And World Levels—1996–2013, Éric Archambault, Didier Amyot, Philippe Deschamps, Aurore Nicol, Françoise Provencher, Lise Rebout, Guillaume Roberge

Copyright, Fair Use, Scholarly Communication, etc.

This study report assesses the free availability of scholarly publications during the 1996 to 2013 period. It is the largest scale measurement of open access availability performed to date: a sample of one-quarter of a million records was used to study the historical evolution of open access (OA) between 1996 and 2013 and a larger, one million records sample was used to perform an in-depth assessment of the proportion and scientific impact of OA between 2008 and 2013 in different types of OA, for different scientific fields of knowledge, and for 44 countries, the EU28, ERA, and the world.

Compared …