Law Commons^™

Audiovisual Metadata Platform Pilot Development (Amppd), Final Project Report, Jon W. Dunn, Ying Feng, Juliet L. Hardesty, Brian Wheeler, Maria Whitaker, Thomas Whittaker, Shawn Averkamp, Bertram Lyons, Amy Rudersdorf, Tanya Clement, Liz Fischer

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the experience and findings of the Audiovisual Metadata Platform Pilot Development (AMPPD) project, which has worked to enable more efficient generation of metadata to support discovery and use of digitized and born-digital audio and moving image collections. The AMPPD project was carried out by partners Indiana University Libraries, AVP, University of Texas at Austin, and New York Public Library between 2018-2021.

User Rights In Canadian Copyright Law, David Vaver

Conference Papers

It is very kind of you to invite me to talk about User Rights at the Association’s Copyright Symposium. In ancient times, symposia were occasions to discuss and debate matters of great moment, to the accompaniment of copious food, wine, and revelry. Zoom of course limits the conduct of this symposium but I hope participants will take the ancient precedent to heart at their end of their internet connection. Sometimes a symposium would wait until the hunt for a wild boar was over before starting. I hope that was not the motive behind your organizers hunting me down for this …

The Arkansas Code And Georgia V. Public.Resource.Org, Daniel Bell

Arkansas Law Notes

The United States Supreme Court decided Georgia v. Public.Resource.Org, Inc. (“PRO”) in late April, 2020, a case with major implications for those who rely on the Arkansas statutes. The case addressed whether extra materials Georgia includes in its official statutes, the annotations, can be copyrighted, or if they are in the public domain and can be freely distributed without permission. The case pitted two important competing interests against each other: the ability of citizens to freely access the official versions of laws of their state, versus the interests of a third-party publisher in being compensated for its work. Arkansas produces …

A Novel Dataset Measuring Change In Copyright Exceptions, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

Copyrights grant creators long periods of market exclusivity during which they or their agents have the exclusive right to reproduce and distribute their works. However, copyright exceptions limit their scope and strength. The laws on both copyright protection and copyright exceptions vary substantially from one country to the next. This working paper introduces a novel, survey-based dataset that describes changes to 24 countries’ laws on copyright exceptions over time. To explore the data, I construct two indices from subsets of the dataset; one that focus on exceptions related to ICT technologies and another that focuses on educational uses. The indices …

Systematic Manipulation Of The Publication Process: Flowcharts And Infographics [English], Jigisha Patel, Simone Ragavooloo, Cat Chatfield

Copyright, Fair Use, Scholarly Communication, etc.

Includes definition of systematic manipulation of the publication process, suspicious submission patterns, suspicious patterns in the content of manuscripts/articles, suspicious patterns around peer review, how to investigate and prevent further publication manipulation, information on the COPE Publishers' Forum, tables and flow charts with recommended actions, and a list of further reading.

The Use Doctrine In Trademark Law: Issues From Trade And Transborder Reputation, Srividhya Ragavan

Faculty Scholarship

Mindful of the current trend within the United States to revive the focus on the use of trademark to determine a mark’s ability to act as a source indicator, in this paper I highlight how focusing on use can create disparate results by examining the role of use when dealing with well-known marks. Hence, this paper implicates the prescriptions from the harmonized trade regime, especially trademark law. In doing so, the paper outlines larger public policy concerns that will ensue especially considering the role of the use doctrine in the context of international harmonization of protection of well-known trademarks. In …

Facing Injustice: How Face Recognition Technology May Increase The Incidence Of Misidentifications And Wrongful Convictions, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Does law enforcement use of face recognition technology paired with eyewitness identifications increase the incidence of wrongful convictions in U.S. criminal law? This Article explores this critical question and posits that the answer may be yes. Facial recognition is frequently used by law enforcement agencies to help generate investigative leads that are then presented to eyewitnesses for positive identification. But erroneous eyewitness accounts are the number one cause of wrongful convictions, and the use of face recognition to generate investigative leads may create the conditions for erroneous eyewitness identifications to take place. This is because face recognition technology is designed …

Study Of The Underrepresentation Of Women And Women-Identifying Ip- Rights Holders, Company Founders And Senior Leadership: Final Report To Innovation Asset Collective, Myra Tawfik, Heather Pratt

Law Publications

In 2018 the Government of Canada (Industry, Science and Economic Development Canada) launched its National IP Strategy with a view to helping “Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property (IP)” 1 Among its many policy initiatives, it identified the underrepresentation of women and womenidentifying2 and Indigenous entrepreneurs in the IP system as areas of concern.3 Encouraging greater success for these and other excluded groups necessarily means facilitating greater participation in generating, protecting and strategically leveraging their IP. In 2020, the Innovation Asset Collective (IAC), which was established pursuant to the National IP Strategy, issued a …

Antitrust And Platform Monopoly, Herbert J. Hovenkamp

All Faculty Scholarship

Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.

Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …

Open Research Toolkit List Of References, Christopher Eaker

Copyright, Fair Use, Scholarly Communication, etc.

The Open Research Toolkit was created by Christopher Eaker during Faculty Development Leave, Fall 2021. While this toolkit was designed for librarians for learning open research concepts and skills and teaching them at their institutions, it would be useful for anyone interested in learning more about open research. Any questions related to this content can be directed to the author.

Conflict Of Laws, Geoblocking, And Intellectual Property, Marketa Trimble

Media & Informal Publications

Professor Trimble's presentation on geoblocking and intellectual property for IP Colloquium, Indiana University Maurer School of Law (Nov. 4, 2021).

Coronavirus, Compulsory Licensing, And Collaboration: Analyzing The 2020 Global Vaccine Response With 20/20 Hindsight, Arjun Padmanabhan

Student Scholarship

In December 2019, COVID-19, a novel strain of the SARS-2 Virus, appeared in Wuhan, China. Within a year, over ninety million people had been infected, and two million had died. Amid all the death and desolation, humanity's ingenuity and willpower emerged in history's greatest vaccine race. The global community sought to find novel ways to protect innovation and intellectual property while still collaborating to roll out a vaccine in record time. Despite the presence of compulsory licensing provisions like 28 U.S.C. § 1498 and the Bayh-Dole Act in the U.S., and the TRIPS Agreement at the international level, the journey …

Research Information Management In The United States: Part One, Findings And Recommendations, Rebecca Bryant, Jan Fransen, Pablo De Castro, Brenna Helmstutler, David Scherer

Copyright, Fair Use, Scholarly Communication, etc.

Research information management (RIM) is a rapidly growing area of investment in US research universities. RIM systems that support the collection and use of research outputs metadata have been in place for many years. Globally, the RIM ecosystem is quite mature in locales where national research assessment exercises like the United Kingdom’s Research Excellence Framework (REF) and the Excellence in Research for Australia (ERA) require institutions to collect and report on the outputs of institutional research. A pan-European community of practice is led by euroCRIS.

This report describes six discrete RIM use cases detailed in the companion report:

• Faculty …

Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo

Joint PIJIP/TLS Research Paper Series

Recent scholarship has highlighted the positive impact on scholarship of copyright exceptions for text and data mining and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. In this report, we release the results of the first such study. We show that every copyright law in the world has at least one exception to promote research uses of copyrighted works, but that such exceptions vary widely between countries. We conclude that the world’s exceptions for …

Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru

Joint PIJIP/TLS Research Paper Series

As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …

Waive Ip Rights & Save Lives, Srividhya Ragavan

Faculty Scholarship

In October of 2020, when India and South Africa proposed a waiver from certain provisions of the TRIPS agreement, it was meant to increase local manufacturing capacity in these countries. The waiver was proposed as a tool to kick-start prevention, containment and treatment of COVID-19. While there is an imminent need to meet a growing supply-demand gap for all medical products, COVID-19 related products are urgently required in poorer nations to contain the pandemic. The waiver has an additional role to play in the larger trade schema. In enabling vaccination of populations across the globe, the waiver would be critical …

Preparing For Sharing Your Research: Publishing And Copyright, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Publishing

• Selecting a journal or publisher

• Avoiding predatory journals

• How to write for publication

• How to endure peer review

• Publishers’ contracts

• Open access

• Preprints

• Your thesis/dissertation online

Copyright

• Basic copyright: Know your rights

• Rights transfer: Permissions, Licensing

• Use of your work: Fair use, Educational use

Join Scholarly Communications Librarian, Sue Gardner, and 40-year publishing veteran and Coordinator of Scholarly Communications, Paul Royster, to learn the ins and outs of publishing. Topics include where to publish or distribute your work, how to navigate publishing agreements, and how to maintain your …

International And Transnational Intellectual Property Law: An Update, Marketa Trimble

Media & Informal Publications

Professor Trimble presents recent developments in international and transnational IP law for the 2021 Intellectual Property Law Conference (hosted by the Intellectual Property Law Section of the State Bar of Nevada).

Weaponizing Copyright, Cathay Y. N. Smith

Faculty Law Review Articles

Copyright grants authors exclusive rights in their works in order to encourage creation and dissemination of socially valuable works. It permits copyright owners to assert their copyright against violations of those rights when necessary to protect their market exclusivity and economic interests. Increasingly, however, copyright is being used by individuals to achieve other objectives. This Article examines the increasingly widespread phenomenon of individuals using copyright to vindicate noncopyright interests, which this Article refers to as “weaponizing copyright.” In some cases, copyright is weaponized to silence criticism and legitimate speech. In other instances, the objective is to erase facts and make …

Lessons Learned From The Hiv/Aids Pandemic And Access To Medicines For Covid-19 Treatment, Thalia Le

Independent Study Project (ISP) Collection

There is an imminent need to address the healthcare disparities in accessing all COVID-19 medicinal products in developing countries. While logistical issues like inadequate production facilities such as the lack of vaccines administration capacity, storage issues, gap between supply and demand as well as vaccine hesitancy can certainly play a part in impeding COVID19 medicines distribution, patent monopolies and intellectual property protection laws further exacerbated the problem, especially when vaccines were at its early stages of authorization. Historical and contemporary case studies of efforts to challenge patents on HIV AVRs treatment provide a useful lens through which we may glean …

Intellectual Property Exhaustion And Parallel Imports Of Pharmaceuticals: A Comparative And Critical Review, Irene Calboli

Faculty Scholarship

This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations. Nevertheless, individual countries remain free to accept these imports under the flexibility of Article 6 of the Agreement on Trade Related Aspects to Intellectual Property Rights (TRIPS Agreement). This Chapter reviews several national approaches—in developed, developing, and least developed countries (LDCs)—from the perspective of the exhaustion of patent rights as well as other IP rights. Through this review, it highlights …

Corporate Governance Gaming: The Collective Power Of Retail Investors, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

The GameStop saga and meme stock frenzy have shown the pathway to the most disruptive revolution in corporate governance of the millennium. New generations of retail investors use technologies, online forums, and gaming dynamics to coordinate their actions and obtain unprecedented results. Signals indicate that these investors, whom we can dub wireless investors, are currently expanding their actions to corporate governance. Wireless investors’ generational characteristics suggest that they will use corporate governance to pursue social and environmental causes. In fact, wireless investors can set in motion a social movement able to bring business corporations to serve their original partly-private-partly-public purpose. …

Trademarks And The Covid-19 Pandemic: An Empirical Analysis Of Trademark Applications Including The Terms "Covid," "Coronavirus," "Quarantine," "Social Distancing," "Six Feet Apart," And "Shelter In Place", Irene Calboli

Faculty Scholarship

True to its nature as a (hopefully) once in a lifetime event, the COVID-19 pandemic has led to a tsunami of trademark applications. These include the terms “COVID,” “Coronavirus,” and other medical and pandemic-management related terms. This unprecedented number of applications has been highlighted by several commentators in general terms in the past months. This Article examines these applications in detail. Notably, the Article presents the first and most complete survey of the applications filed between the onset of the pandemic and the end of 2020, which include the following terms: “COVID,” “Coronavirus,” “Quarantine,” “Social Distancing,” “Six Feet Apart,” and …

Games Without Frontiers: The Increasing Importance Of Intellectual Property Rights In The People’S Republic Of China, James M. Cooper

Faculty Scholarship

Intellectual property (“IP”) protection in the People's Republic of China has been murky and amorphous. The country is currently enjoying a historic era with significant infrastructure and investment projects occurring as the Chinese consumer society substantially expands. These simultaneous trends require that China commit to the securitization and protection of IP rights to sustain its rapid economic growth.

Comments On Preliminary Draft 7 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek

Faculty Scholarship

PD7 is often confusing, largely as a result of failure to provide important explanations or definitions, or to tell the reader where that information can be found. Key terms, such as “edicts of law” and “formalities” remain undefined. Formalities are a principal topic of PD7; they deserve a more thorough description than the draft contains, addressing what formalities are, whether every declaratory obligation (or option) is a “formality,” or only those that go to the existence or enforcement of copyright (this is the Berne Convention meaning of “formality”).

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

All Faculty Scholarship

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …

Joint Submission Of Ip Scholars, Re. Consultation On A Modern Copyright Framework For Artificial Intelligence And The Internet Of Things, Carys Craig

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys Craig, Michael Geist, João Pedro Quintais

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais

Testimony and Submissions

We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.

Empirical research shows that more publication of citable research takes place in countries with “open” …

The Public Policy Exception And International Intellectual Property Law, Marketa Trimble

Scholarly Works

No abstract provided.