Law Commons^™

Pubfair: A Distributed Framework For Open Publishing Services. Version 2, November 27, 2019, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …

Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann

Copyright, Fair Use, Scholarly Communication, etc.

Why GAO Did This Study --Research and development helps catalyze breakthroughs that improve the overall health and wellbeing of our society. Federal research and development expenditures averaged about $135 billion annually for fiscal years 2015 to 2017. According to OSTP, providing free public access to federally funded research results can improve both the impact and accountability of this important federal investment. In February 2013, OSTP directed federal agencies with more than $100 million in annual research and development expenditures to develop a plan to support increased public access to the results of federally funded research.

GAO was asked to examine …

Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

When news broke early in 2019 that the University of California had walked away from licensing negotiations with the world’s largest scholarly publisher (Elsevier), a wave of triumphalism spread through the OA Twittersphere. The talks had collapsed because of Elsevier’s failure to offer UC what it demanded: a new-style Big Deal in which the university got access to all of Elsevier’s paywalled content plus OA publishing rights for all UC authors – what UC refers to as a “Read and Publish” agreement. In addition, UC wanted Elsevier to provide this at a reduced cost.1 Given its size and influence, UC’s …

The Fair Open Access Breakdown Of Publication Services And Fees, Fair Open Access Alliance, Saskia De Vries

Copyright, Fair Use, Scholarly Communication, etc.

The Fair Open Access Alliance (FOAA) is pleased to present its Breakdown of Publication Services and Fees. A few years ago, FOAA invited several publishers and platforms in a consortium to formulate a response to the ORE call. Members of that group continued to meet informally to discuss the future of academic publishing in Fair Open Access. Specifically, discussions between FOAA and these individual publishers centered on identifying a set of service baskets that could group the various service components provided by an academic publisher, in the context of the price transparency requirement set forth by Plan S. Based on …

A Roadmap For Action: Academic Community Control Of Data Infrastructure, Sparc, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

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The need for academic institutions to act to retain control of infrastructure, data and data analytics is here to stay. It is critical for academic leaders to acknowledge that data and its uses play a central role in the operations and the future of their institutions, and take control of how it is managed as a strategic asset.

The time to act is now. Many of the actions outlined in the Risk Mitigation section of this roadmap can be taken relatively quickly, and many institutions already have a head start on these processes in response to GDPR or other requirements. …

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …

Documenting Land-Combustion And Progressive Law Enforcement In Indonesia, Helmi Helmi, Hartati Hartati, Hafrida Hafrida, Indriya Fathni, Harry Setya Setya Nugraha, Johni Najwan

Library Philosophy and Practice (e-journal)

The right to obtain a good and healthy environment is a constitutional right of citizens expressly regulated in the 1945 Constitution of the Republic of Indonesia. However, this right has not been fully felt due to forest and land burning activities that occur every year in Sumatra and Kalimantan. For this reason, a condition for law enforcement is needed to solve the problem. This study basically answered two questions on how important is progressive law enforcement in burning forests? What is the concept of progressive law enforcement as intended?. Therefore, the findings stated that first, progressive law enforcement on forest-burning …

Documenting Legal Protection Of Indigenous Forests In Realizing Indigenous Legal Community Rights In Jambi Province, Helmi Helmi, Hafrida Hafrida, Fitria Fitria, Johni Najwan

Library Philosophy and Practice (e-journal)

Inauguration for the establishment of customary forests is a form of legal protection for the right management of indigenous people in Indonesia included in Jambi Province. The Forestry Law and government regulations as derivative products do not mention the legal form of establishing customary forests in Indonesia. While the Minister of Environment and Forestry's Regulation on Social Forestry, Forest Rights, Recognition and Protection of Local Wisdom in the Management of Natural Resources and the Environment confirms the legal form are called as the minister's decree. When it is associated with the nature of regional autonomy in accordance with the 1945 …

Towards Standard Information Privacy, Innovations Of The New General Data Protection Regulation, Ali Alibeigi, Abu Bakar Munir, Md Ershadulkarim, Adeleh Asemi

Library Philosophy and Practice (e-journal)

Protection of personal data in recent decades became more crucial affecting by emergence of the new technologies especially computer, internet, information and communications technology. However, Europeans felt this necessity at time and provided for up-to-date and supportive laws. The General Data Protection Regulation (GDPR) is the latest legislation in EU to protect personal data of individuals based on the recent technological advancements. However, its’ domestic and international output still is debatable. This doctrinal legal study by using descriptive methods, aimed to evaluate the GDPR through analyzing and interpreting its’ provisions by especial focus on its’ innovations. The results show that …

Government Responses To Disinformation On Social Media Platforms: Argentina, Australia, Canada, China, Denmark, Egypt, European Union, France, Germany, India, Israel, Mexico, Russian Federation, Sweden, United Arab Emirates, United Kingdom, Ruth Levush

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Comparative Summary by Ruth Levush, Senior Foreign Law Specialist, Law Library of Congress, Global Legal Research Directorate

Concerns regarding the impact of viral dissemination of disinformation on democratic systems of government, on political discourse, on public trust in state institutions, and on social harmony have been expressed by many around the world. These concerns are shared by countries with advanced economies as well as those with emerging and developing economies.

The term “disinformation” as used in this report refers to “false information deliberately and often covertly spread . . . in order to influence public opinion or obscure the truth.” …

Pubfair: A Framework For Sustainable, Distributed, Open Science Publishing Services, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …

Society Publishers Accelerating Open Access And Plan S - Final Project Report, Alicia Wise, Lorraine Estelle

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Wellcome, UKRI, and the Association of Learned and Professional Society Publishers (ALPSP) commissioned Information Power Ltd to undertake a project to support society publishers to accelerate their transition to Open Access (OA) in alignment with Plan S and the wider move to accelerate immediate OA. This project is part of a range of activity that cOAlition S partners are taking forward to support the implementation of Plan S principles. 27 business models and strategies that can be deployed by publishers to transition successfully to OA were published. We surveyed society publishers about their experience of and interest in these models, …

Steering Science Through Output Indicators And Data Capitalism, Ulrich Herb

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Since the mid-1920s, a scientist's performance was tracked by using bibliometric information such as the number of publications or their citations. Today, there are unprecedented possibilities for controlling science by analysing data on production and use of scientific information, so that citations only play a subordinate role in the evaluation of science. To illustrate this change, we take a look at the history of the Dutch publishing house Elsevier and its metamorphosis into a research intelligence service provider, because it ideally reflects the new possibilities of logging and controlling science.

Accelerating Scholarly Communication: The Transformative Role Of Preprints, Andrea Chiarelli, Rob Johnson, Emma Richens, Stephen Pinfield

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Five take-away messages:

Early and fast dissemination, increased opportunities for feedback and openness are seen as the main benefits of preprints.

The main concerns over preprints are the lack of quality assurance, media potentially reporting inaccurate research and journals rejecting articles if a preprint has been posted.

Twitter has been playing a key enabling role in the current second wave of preprints and preprint servers. It also appears to be the main way researchers are exposed to preprints in the first place.

It is not clear who will be responsible for posting preprints in the long-term – researchers or publishers? …

Operationalizing The Big Collective Collection: A Case Study Of Consolidation Vs Autonomy, Lorcan Dempsey, Constance Malpas, Mark Sandler

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This is a discussion paper prepared in collaboration with the Big Ten Academic Alliance (BTAA) Library Initiatives. It presents a framework for operationalizing the BTAA collective collection. A collective collection is a collection managed collaboratively across a network of libraries. We have a very specific focus in this paper on the ”purchased” or print collection, acknowledging that other areas of library collections are sometimes managed collectively, digitized collections for example. The BTAA justifiably claims to be the premier academic collaboration in the US. Once described as “the world's greatest common market in education3,” it leverages the combined research and teaching …

The Law And Accessible Texts: Reconciling Civil Rights And Copyrights, Brandon Butler, Prue Adler, Krista Cox

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Executive Summary

Institutions of higher education (IHEs—colleges, community colleges, and universities) have a mission to provide all students, including those with disabilities (a physical or mental impairment that substantially limits one or more major life activities), with opportunities for a rich, deep, and equitable learning experience, and to provide all researchers with access to a comprehensive and varied collection of information resources to support their work. Several disability rights laws create obligations for IHEs to ensure that students and researchers with disabilities have access to resources, including texts, at a level that is as close as reasonably possible to the …

Media And Repository Support Unit, University Of Nebraska–Lincoln Libraries, Annual Report July 2018–June 2019, Deeann Allison, Linnea Fredrickson, Sue A. Gardner, Richard Graham, Paul Royster, John Wiese, Andrew Cano, Kate Kane, Jennifer L. Thoegersen

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Increasingly, libraries are recognizing the importance of providing access to the research output of their universities. In a June 10, 2019, news release from the provosts of the Big Ten Academic Alliance (BTAA) titled “Sustaining Values and Scholarship” (available at https://tinyurl.com/yyu94aa9), they state, “The Big Ten Academic Alliance will continue its advocacy for a sustainable and open ecosystem of publication. . . . Collectively, our institutions’ more than 50,000 faculty are supported by over $10 billion (2017) in research funding, and our institutions have similarly invested significantly in our capacity to further our missions to advance knowledge. Together, we produce …

“A World Not Dependent On Sales: Sustainable, Oa Monograph Publishing”--P2l3 Summary And Next Steps: P2l3 Meeting June 14, 2019, Detroit, Mi, Association Of University Presses, Association Of Research Libraries

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Table of Contents P2L3 Meeting Planning Committee 3 Land Acknowledgment 3 Participants 3 Introduction 5 Presentations 7 Opening Plenary: Generous Thinking Lightning Rounds Promising New Models: MIT and University of Michigan MIT University of Michigan Highlights from Roundtable Discussions 11 Digital Scholarship and Digital Humanities Flipping the Financial Model for Monographs Engaging with Library Communications and Development Next Steps for P2L 13 Endnotes 14

In choosing as its theme a “world not dependent on sales,” the P2L3 Meeting Planning Committee situated P2L in the context of a long-running Andrew W. Mellon Foundation–funded research and innovation agenda on monographs in the …

Appraisal Of Copyright Law Compliance Among Library Personnel In University Libraries In Nigeria, Josiah Chukwumaobi Nworie, Happiness Ogochukwu Nworie, Doris Chinyere Obiano

Library Philosophy and Practice (e-journal)

The study investigated compliance with Copyright Law among library personnel in university libraries in South-West, Nigeria. The purpose of the study was to determine the level of awareness of copyright law by library personnel and level of compliance with copyright law in selected university libraries in South West, Nigeria The study adopted the descriptive survey of the correlational design. The population of study was made up of 117 library personnel in university libraries in South West, Nigeria and the total enumeration technique was adopted, hence there was no sample. Questionnaire was used for data collection. 103 copies of questionnaire were …

The Future Of Open Access Books: Findings From A Global Survey Of Academic Book Authors, Ros Pyne, Christina Emery, Mithu Lucraft, Anna Sophia Pinck

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This report presents the findings from an online survey conducted in February and March 2019 to gather author feedback on open access (OA) books. Survey questions were designed to build on previous studies of OA for journal authors, as well as previous research on OA books, to assess the current awareness, attitudes and behaviours of authors who have and have not previously published OA. The raw anonymised data has been made freely available under a CC BY licence.2 Of 5,509 responses, 2,542 book authors completed the survey, and only these responses have been analysed here. Of these, 407 authors had …

Open And Equitable Scholarly Communications: Creating A More Inclusive Future, Nancy Maron, Rebecca Kennison, Paul Bracke, Nathan Hall, Isaac Gilman, Kara Malenfant, Charlotte Roh, Yasmeen Shorish

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For many years, the academic and research library workforce has worked to accelerate the transition to more open and equitable systems of scholarship. While significant progress has been made, barriers remain. The Association of College and Research Libraries (ACRL) seeks to stimulate further advances through this action- oriented research agenda, which is designed to provide practical, actionable information for academic librarians; include the perspectives of historically underrepresented communities in order to expand the profession’s understanding of research environments and scholarly communication systems; and point librarians and other scholars toward important research questions to investigate. This report represents a yearlong process …

Coalition S: Accelerating The Transition To Full And Immediate Open Access To Scientific Publications, Science Europe

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Part I: The Plan S Principles: “With effect from 2021, all scholarly publications on the results from research funded by public or private grants provided by national, regional and international research councils and funding bodies, must be published in Open Access Journals, on Open Access Platforms, or made immediately available through Open Access Repositories without embargo.”

Part II: Guidance on the Implementation of Plan S 1. Aim and Scope Plan S aims for full and immediate Open Access to peer-reviewed scholarly publications from research funded by public and private grants. cOAlition S, the coalition of research funders that have committed …

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Always Already Computational: Collections As Data: Final Report, Thomas Padilla, Laurie Allen, Hannah Frost, Sarah Potvin, Elizabeth Russey Roke, Stewart Varner

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Scope Note

From 2016‑2018 Always Already Computational: Collections as Data documented, iterated on, and shared current and potential approaches to developing cultural heritage collections that support computationally‑driven research and teaching. With funding from the Institute of Museum and Library Services, Always Already Computational held two national forums, organized multiple workshops, shared project outcomes in disciplinary and professional conferences, and generated nearly a dozen deliverables meant to guide institutions as they consider development of collections as data.

This report documents the activities and impacts of the Always Already Computational project, delineates findings, and identifies areas for further inquiry.

Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer

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Excerpt (page 5):

The Data Community

This issue brief focuses on understanding what makes scholars willing to share their data – and on applying that understanding strategically in order to improve and increase sharing going forward. We recognize that this is only one aspect of the work that is needed in this area. Numerous professional organizations (CODATA, DCC, FORCE11, GO FAIR, RDA, and RDAP, to name just a few), in addition to a panoply of smaller projects and working groups, are making significant strides in defining standards and best practices in important technical areas such as metadata creation, discoverability, machine …

Towards User-Centric Evaluation Of Uk Non-Print Legal Deposit: A Digital Library Futures White Paper, Paul Gooding, Melissa Terras, Linda Berube

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This white paper reports on the findings of the Digital Library Futures project (2017-2019), which investigates the impact of Non-Print Legal Deposit (NPLD) on academic legal deposit libraries and their users in the United Kingdom. It argues that discussions of NPLD have paid too little attention to user behaviour and requirements, and that it is necessary to adopt an ongoing user-focused evaluation framework to inform NPLD planning and implementation.

Core research was carried out at the University of Glasgow, the University of Edinburgh, the University of East Anglia, and University College London. We are grateful to our project partners, Cambridge …

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

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In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in Appendix …

Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

Supplemental sources handed out during a presentation given on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln.

Topics: Copyright, Fair Use, Educational use, UNL Digital Commons.

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who …

Copyright: Protect, Preserve, And Promote Your Research, Sue Ann Gardner, Paul Royster

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Copyright is a powerful tool to protect, preserve, and promote academic research. The slides duplicate a quiz given to workshop participants.