Law Commons^™

Surveying The Scalability Of Open Access Monograph Initiatives: Final Report, Christopher Barnes,, Rebecca Welzenbach, Kathleen Folger

Copyright, Fair Use, Scholarly Communication, etc.

In June of 2016, the University of Michigan Library (MLibrary) and Knowledge Unlatched (KU) announced the start of a collaboration “to study and overcome remaining obstacles to the spread of open access scholarly publishing in the humanities and social sciences.”1 This survey grew out of that partnership and was designed to gather data useful for determining the scalability of library-supported open access (OA) initiatives focusing on monographs in the Humanities and Social Sciences such as Luminos, Open Book Publishers, and KU. The survey was designed and conducted by Christopher A. Barnes, Ph.D., while a graduate student in library and information …

Advanced Biotechnology Tools For Invasive Species Management, Invasive Species Advisory Committee

National Invasive Species Council

Increasingly, genetic tools are being used to detect and solve pressing environmental, social, and health-related challenges. It is clear that investments in technology innovation can be game changing, as advances in biotechnology may provide new methods to protect the nation’s resources from the negative impacts of invasive species. The current toolbox of management options is recognizably insufficient to deal with many of the high-impact species that have been introduced. However, “surrendering” to these species is generally not a viable option from ecological, health, economic, socio-cultural, or political perspectives. Cost-efficient solutions to these “grand invasive species challenges” need to be found. …

Managed Relocation: Reducing The Risk Of Biological Invasion, Edward E. Clark Jr., Dan Simberloff, Mark Schwartz, Brent Stewart, John Peter Thompson

National Invasive Species Council

Key Finding

Any organism that is relocated to a novel ecosystem has the potential to become an invasive species or spread “hitching” invasive species, or both. Managed Relocation is not congruent with Executive Order 13112 to the extent that it might facilitate “economic or environmental harm or harm to human, animal, or plant health.” Consequently, the actions by federal agencies or those entities supported by federal funding to engage in managed relocation need to be addressed in a manner consistent with EO 13751 Section 3(3), which compels Agencies to:

Refrain from authorizing, funding, or implementing actions that are likely to …

Enhancing Federal-Tribal Coordination Of Invasive Species, Blaine Parker, Chuck Bargeron, Sean Southey, Lori Buchanan, Miles Falck, Chris Fisher, Joe Maroney, Mervin Wright, Gintas Zavadkas

National Invasive Species Council

Invasive species are defined by the United States government to mean “with regard to a particular ecosystem, a non-native organism whose introduction causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health” (Executive Order [EO] 13751). The ecosystems to which invasive species are introduced or spread are not delimited by jurisdictional boundaries; they intersect with lands managed by federal, tribal, state, territorial, and county governments, as well as properties under private ownership. For this reason, effective coordination and cooperation across jurisdictions is of paramount importance in the prevention, eradication, and control of …

Oer State Policy Playbook [Draft], Sparc

Copyright, Fair Use, Scholarly Communication, etc.

Why State-Level OER Policy?

The rising cost of higher education is about more than tuition—expensive textbooks and course materials remain a looming barrier to college affordability and access. Open educational resources (OER) are a solution to high-cost materials and state legislators are starting to take notice. Open Educational Resources (OER) are teaching and learning materials that can be freely used, downloaded and shared to better serve all students. OER include all kinds of content such as textbooks, lesson plans, assignments, games, and more, and can include printed materials, not just digital materials. Nearly half of all states have considered OER …

Mandatory Deposit Laws In Selected Jurisdictions (2017 Update), Global Legal Research Center

Copyright, Fair Use, Scholarly Communication, etc.

Summary

This report, which updates and expands on a report prepared by Law Library staff in March 2015, contains data on 131 countries, indicating whether or not published books are subject to a mandatory deposit requirement at the national level and, if so, how many copies are required, where they must be deposited, and whether the deposit is part of the copyright system. Citations to the controlling legislation for mandatory deposits are provided. In all but thirteen of the jurisdictions surveyed, deposits are required. For some of these thirteen jurisdictions, deposits are voluntary, while in others, no information regarding deposit …

Next Generation Repositories: Behaviours And Technical Recommendations Of The Coar Next Generation Repositories Working Group, Confederation Of Open Access Repositories, Eloy Rodrigues, Kathleen Shearer

Copyright, Fair Use, Scholarly Communication, etc.

In April 2016, the Confederation of Open Access Repositories (COAR) launched the Next Generation Repository Working Group to identify new functionalities and technologies for repositories. In this report, we are pleased to present the results of the work of this group, including recommendations for the adoption of new technologies, standards, and protocols that will help repositories become more integrated into the web environment and enable them to play a larger role in the scholarly communication ecosystem.

At COAR, we believe the globally distributed network of more than 3000 repositories can be leveraged to create a more sustainable and innovative system …

Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins

Lisa PytlikZillig Publications

Deliberative (and educational) theories typically predict knowledge gains will be enhanced by information structure and discussion. In two studies, we experimentally manipulated key features of deliberative public engagement (information, instructions, and discussion) and measured impacts on cognitive-affective engagement and knowledge about nanotechnology. We also examined the direct and moderating impacts of individual differences in need for cognition and gender. Findings indicated little impact of information (organized by topic or by pro-con relevance). Instructions (prompts to think critically) decreased engagement in Study 1, and increased it in Study 2, but did not impact postknowledge. Group discussion had strong positive benefits for …

Spec Kit 357 Libraries, Presses, And Publishing November 2017, Laurie N. Taylor, Brian W. Keith, Chelsea Dinsmore, Meredith Morris-Babb

Copyright, Fair Use, Scholarly Communication, etc.

Many Association of Research Libraries (ARL) members have robust and long-standing publishing activities, often in collaboration with or running parallel to the press of the larger institutional entity. As reported in the Association of American University Presses (AAUP) 2015–2016 annual report, 30 AAUP member presses are in libraries. Eighty-one institutions are both ARL and AAUP members, and at 21 of those institutions, the press reports to the library. Other libraries—including Amherst College Press and the University of Cincinnati Press—launched new presses within libraries. Most of the 123 ARL member libraries are engaged in publishing or publishing support activities such as …

Laws On Erasure Of Online Information: Canada, France, European Union, Germany, Israel, Japan, New Zealand, Norway, Portugal, Russia, Spain, United Kingdom, Luis Acosta

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary by Luis Acosta, Chief, Foreign, Comparative, and International Law Division II, Law Library of Congress (United States), Global Legal Research Center

This report describes the laws of twelve jurisdictions that have some form of remedy available enabling the removal of online data based on harm to individuals’ privacy or reputational interests, including but not limited to defamation. Six of the countries surveyed are within the European Union (EU) or the European Economic Area, and therefore have implemented EU law. Five non-EU jurisdictions are also surveyed.

Comparative analysis across jurisdictions presents terminological challenges, because legal language across jurisdictions seems …

Introduction To U.S. Export Controls For The Commercial Space Industry, U.S. Department Of Commerce’S Office Of Space Commerce, Federal Aviation Administration’S Office Of Commercial Space Transportation

Space Law Documents

This guidebook provides basic information to help commercial space organizations, especially emerging entrepreneurial firms, considering business in the international market. It is intended to serve as a starting point in the preparation for the export control process. This is an update to the 2008 edition and reflects changes due to the Export Control Reform initiative. Because most space technologies are subject to export controls, it is your responsibility to be aware of the steps necessary to ensure that your operations are lawful. While this guidebook gives an overview of the general responsibilities and procedures, it cannot replace a full understanding …

The Nebraska Transcript, Fall 2017, Vol. 50, No. 2

Nebraska Transcript

Dean’s Message

New Schmid Clinic Building enhances College's ability to provide students with hands-on legal education

Susan Poser's portrait joins those of fellow deans

Donors make the Marvin & Virginia Schmid Clinic Building a reality

Nebraska Law's new Children's Justice Clinic trains students to advocate for state's youth

Preeta Bansal delivers spring commencement address

Client Counseling Competition: From an excuse to hang out to win after win

Jenna Cope and Kari Schmitz are the 2017 ABA Law Student Division Client Counseling Competition National Champions.

Nebraska Law garners team, individual honors in INADR Law School Mediation Tournament

Nebraska Law team places …

Copyright For Publishing 2, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

For B. Rilett's Editing & Publishing class, August 28, 2017. Updated for Sept. 13, 2018.

The 2.5% Commitment, David W. Lewis

Copyright, Fair Use, Scholarly Communication, etc.

The commitment: Every academic library should commit to contribute 2.5% of its total budget to support the common infrastructure needed to create the open scholarly commons.

Connect Oer Annual Report 2016-2017, Brady Yano

Copyright, Fair Use, Scholarly Communication, etc.

Earlier this year, SPARC launched Connect OER—a platform to share and discover information about Open Educational Resources (OER) activities at campuses across North America. Through Connect OER, academic libraries create and manage profiles about their institution’s efforts on OER, producing valuable data that we use to populate a searchable directory and produce an annual report.

As the first Connect OER Annual Report, this document summarizes insights from the Connect OER pilot, which ran from May - July 2017. The data encompass 65 SPARC member libraries spanning 31 U.S. states and five Canadian provinces who participated in the pilot. Our analysis …

Section 108 Of Title 17: A Discussion Document Of The Register Of Copyrights, Chris Weston, Aurelia J. Schultz, Emily M. Lanza, Michelle Choe, Karyn Temple Claggett

Copyright, Fair Use, Scholarly Communication, etc.

The objective of the discussion document is: to review the issues raised over the past decade of revision work; to outline the Office’s current views and proposals on the various revision issues; and to present and explain model statutory language for a new section 108. Although the model statutory language should not be seen as the Office’s final view on section 108, the Office believes that it is important to provide a more concrete framework for further discussion. Additionally, the Discussion Document includes copious illustrative examples of how the Office envisions the proposals might work in practice.

CONCLUSION

Libraries, archives, …

A Splendid Torch: Learning And Teaching In Today’S Academic Libraries, Jodi Reeves Eyre, John C. Maclachlan, Christa Williford

Copyright, Fair Use, Scholarly Communication, etc.

In the winter of 2015, a handful of current and former CLIR postdoctoral fellows gathered at a small restaurant in Washington, D.C., to celebrate publication of The Process of Discovery: The CLIR Postdoctoral Fellowship Program and the Future of the Academy. In typical CLIR fellowship alumni fashion, it took about an hour of relaxation before we began to look at one another and ask, “Now what?” Over fried pickles, barbecue brisket, and vegan spare ribs, we decided to recreate the Collaborative Writing Group (CWG) experience that fostered the collection of essays about what we had learned from our work in …

Information In The Ecosystem: Against The “Information Ecosystem”, Timothy B. Norris, Todd Suomela

Copyright, Fair Use, Scholarly Communication, etc.

The “information ecosystem” metaphor is widely used in academic libraries and has become nearly ubiquitous when speaking of the information systems that support scholarly communication and varied forms of data sharing and publication. The trending use of this language arises from non-academic applications — for example in big data (the Hadoop ecosystem) or software development (the node.js ecosystem) — and there remains little critical examination of the use of this metaphor. Indeed, the definition of ecosystem as the set of relations between living organisms and their surrounding non-living environment is apparently not directly a part of the metaphor. This paper …

The Nebraska Transcript , Spring 2017, Vol. 50 No.1

Nebraska Transcript

3 Dean’s Message

4 Faculty Notes: Jack M. Beard, Eric Berger, Kristen M. Blankley, Eve M. Brank, Robert C. Denicola, Justin (Gus) Hurwitz, Brian D. Lepard, Colleen E. Medill, Richard E. Moberly, Harvey S. Perlman, Josephine R. Potuto, Matthew P. Schaefer, Anthony B. Schutz, Anna Williams Shavers, Jessica A. Shoemaker, Ryan P. Sullivan, Adam Thimmesch, Frans G. von der Dunk, Steven L. Willborn, Maggie Wittlin, Sandra B. Zellmer, Michelle Harner

9 Gus Hurwitz named co-director of the Space, Cyber, and Telecommunications Law Program

10 Maggie Wittlin joins faculty, adjusts to life in Midwest

11 Richard Moberly named College’s 17th dean …

Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton

Copyright, Fair Use, Scholarly Communication, etc.

The following Core Competencies for Scholarly Communication Librarians were developed out of research and discussion conducted by the NASIG Scholarly Communication Core Competencies Task Force. Scholarly communication is defined by ACRL as “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels, such as electronic listservs (Association of College & Research Libraries, “Principles and Strategies for the Reform of Scholarly Communication 1,” 2003). The specific duties of the scholarly …

Using Fair Use To Preserve And Share Disappearing Government Information, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Access to government information is a fundamental principle in a democratic society. Particularly in the digital environment, government information is a driver for economic and social progress as well as a predicate for an informed citizenry. From 2009 through 2016, open government was a hallmark of the Obama administration, which observed that, “openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth.” Libraries and archives have historically served as stewards of government documents, and in recent years, these institutions have paid special attention to the unique vulnerability of …

Metadata And Copyright: Should Institutions License Their Data About Scholarship?, Krista L. Cox

Copyright, Fair Use, Scholarly Communication, etc.

Institutions have a number of options for how to treat metadata while encouraging widespread use and sharing. Some institutions may determine that no license is necessary to openly share metadata, taking the position that the metadata they produce is not copyrightable. Others might share it using a CC0 license or CC0 with additional guidelines. In determining how to share metadata, institutions should consider possible cross-border implications as well as the potential that what is defined as metadata could grow in breadth and raise additional copyright concerns. Additionally, institutions should take into account the benefit that clear and easy-to-understand policies provide …

Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen

UCARE Research Products

Juvenile dependency courts deal with cases that have allegations of child abuse or neglect by a parent or guardian. Lancaster's Family Treatment Drug Court (FTDC) is a problem-solving court that deals with cases of child abuse or neglect related to substance abuse. Parents on this track receive monthly team meetings, specialized services, and corrective measures. The research question of this evaluation was: "Do parents on the Family Treatment Drug Court perceive the court process more positively than parents who are not on the track (control)?" 144 parents completed an 11 item survey following their court hearings. Overall, both FTDC and …

Reflection & Next Steps (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth Brown

Copyright, Fair Use, Scholarly Communication, etc.

How can we sustain our library community? Ideas for reaching out to your institution - students, faculty, administration, other library personnel.

Understanding Scholarly Communication: Framing The Issues (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello, William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

This is the (simple) big overview of the SC system. Within this system exist participants, pressures and intersections, which lead to the opportunities that we’re seeing now.

Participants: Researchers, authors, administrators, students, editors, peer reviewers, and others. Including libraries. Flow in and out and according to processes.

A system of systems: Higher education, publishing industry, disciplinary practice, scholarly societies, internet culture, research industry, IP/legal system, funders, AND OF COURSE faculty rewards system (P&T).

Open Education (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the slides:

“Open educational resources are teaching and learning materials that are freely available online for everyone to use, whether you are an instructor, student or self-learner.”

Open Textbooks: Traditional textbooks with lessons, exercises, and reference materials.

Many instructors also want better materials:

➢ So all students can participate.

➢ So their voice can shine through.

➢ So their discipline can be represented.

➢ So they can use new technologies and pedagogies.

Measuring Impact (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt from the slides and presenter's notes:

Helps us see the lifecycle of research - why and how We have a lot of knowledge in this space because we know the resources and systems impact is based on -- we can act as thought leaders.

Scholarly communication cycle involves “evaluating research and other scholarly writings for quality” (ARL, 2013).

Librarians have always been part of the “impact” conversation from the perspective of the ways in which we help people. We provide budding researchers with access to seminal ideas in the field and help established researchers keep current with new information …

Making & Sharing Scholarship: Copyright Issues In Scholarly Communication (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

Today’s focus – not copyright generally, or copyright for things like library digitization, but copyright in the context of scholarly publishing.

Copyright’s purpose and higher education’s purpose have a lot in common. We as a society all benefit if people can build on the discoveries that came before them, while having an incentive to create new things.

Article I, Section 8, where the authority for US copyright law comes from, reads "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective …

Scholarly Communication: From Understanding To Engagement (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

“The goal of the program is to empower participants to help accelerate the transformation of the scholarly communication system.” From www.ala.org/acrl/issues/scholcomm/roadshow.

Changing Publishing Ecologies: A Landscape Study Of New University Presses And Academic-Led Publishing: A Report To Jisc, Janneke Adema, Graham Stone, Chris Keene

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

A new wave of university presses is emerging. Common characteristics are that they are open access (OA), digital first, library-based, and they often offer a smaller set of services than a traditional publisher, blurring the line between publisher and platform. In tandem, a small but notable number of academics and researchers have set up their own publishing initiatives, often demonstrating an innovative or unique approach either in workflow, peer review, technology or business model.

These new publishing initiatives have a potentially disruptive effect on the scholarly communication environment, providing new avenues for the dissemination of research outputs and acting …