Intellectual Property Law Commons^™

Copyright And State Sovereign Immunity: A Report Of The Register Of Copyrights, Shira Perlmutter

Copyright, Fair Use, Scholarly Communication, etc.

In March 2020, the Supreme Court held in Allen v. Cooper that Congress had exceeded its constitutional authority when it enacted legislation authorizing copyright infringement suits for damages against states.1 The Court based its decision on the legal doctrine of sovereign immunity, which generally precludes a federal court from hearing a suit against a state without the state’s consent. The Court noted that Congress has the power to abrogate state immunity, including to prevent or remedy deprivations of property without due process in violation of the Constitution. To do so, however, Congress generally must develop a legislative record demonstrating a …

From Principles To Practices: Open Science At Europe’S Universities. 2020-2021 Eua Open Science Survey Results, Rita Morais, Bregt Saenen, Federica Garbuglia, Stephane Berghmans, Vinciane Gaillard

Copyright, Fair Use, Scholarly Communication, etc.

This report presents the outcomes of the 2020-2021 EUA Open Science Survey and provides evidencebased recommendations for institutions, researchers, research funders and policymakers on the transition towards Open Science. The 2020-2021 EUA Open Science Survey focused on the level of development of Open Science in Europe‘s universities, addressing the role of Open Science in institutions’ strategic priorities and its implementation in institutional practices. In addition, the survey transversally addressed both the established (Open Access, research data) and emerging (e.g. citizen science, open education) fields of Open Science. This survey was open to all interested European higher academic institutions from October …

Mapping The Literature Of Health Care Management: An Update, Amber T. Burtis, Susan M. Howell, Mary K. Taylor

Copyright, Fair Use, Scholarly Communication, etc.

Objective: This study aims to identify the core journals cited in the health care management literature and to determine their coverage in the foremost bibliographic databases used by the discipline.

Methods: Using the methodology outlined by the Medical Library Association’s Nursing and Allied Health Resource Section (NAHRS) protocol for “Mapping the Literature of Nursing and Allied Health Professions,” this study updates an earlier study published in 2007. Cited references from articles published in a three-year range (2016–2018) were collected from five health care management journals. Using Bradford’s Law of Scattering, cited journal titles were tabulated and ranked according to the …

What’S The Big Deal? How Researchers Are Navigating Changes To Journal Access, Danielle Cooper, Oya Y. Rieger

Copyright, Fair Use, Scholarly Communication, etc.

The dominant mode by which research libraries have provided maximum journal access as cheaply as possible—subscription bundles or “Big Deals”—is giving way to new approaches. This transition is taking place through a combination of negotiations, activism, business modeling, user needs research, and decision support, among other factors. To support these processes, Ithaka S+R partnered with 11 academic libraries to understand researcher perceptions to help inform their ongoing strategic decision making about Big Deal journal subscriptions.

Recognizing that libraries must also undertake case-by-case assessments prior to making decisions about any particular journal package, in this report we share findings from the …

Future Of Scholarly Communication: Forging An Inclusive And Innovative Research Infrastructure For Scholarly Communication In The Social Sciences And Humanities, Maciej Maryl, Marta Błaszczyńska, Operas

Copyright, Fair Use, Scholarly Communication, etc.

Authors: Karla Avanço • Ana Balula • Marta Błaszczyńska • Anna Buchner • Lorena Caliman • Claire Clivaz • Carlos Costa • Mateusz Franczak • Rupert Gatti • Elena Giglia • Arnaud Gingold • Susana Jarmelo • Maria João Padez • Delfim Leão • Maciej Maryl • Iva Melinščak Zlodi • Kajetan Mojsak • Agata Morka • Tom Mosterd • Elisa Nury • Cornelia Plag • Valérie Schafer • Mickael Silva • Jadranka Stojanovski • Bartłomiej Szleszyński • Agnieszka Szulińska • Erzsébet Tóth-Czifra • Piotr Wciślik • Lars Wieneke

This report discusses the scholarly communication issues in Social Sciences and …

Swissenveo: A Fair National Environmental Data Repository For Earth Observation Open Science, Gregory Giuliani, Hugues Cazeaux, Pierre-Yves Burgi, Charlotte Poussin, Jean-Philippe Richard, Bruno Chatenoux

Copyright, Fair Use, Scholarly Communication, etc.

Environmental scientific research is highly becoming data-driven and dependent on high performance computing infrastructures to process ever increasing large volume and diverse data sets. Consequently, there is a growing recognition of the need to share data, methods, algorithms, and infrastructure to make scientific research more effective, efficient, open, transparent, reproducible, accessible, and usable by different users.

However, Earth Observations (EO) Open Science is still undervalued, and different challenges remains to achieve the vision of transforming EO data into actionable knowledge by lowering the entry barrier to massive-use Big Earth Data analysis and derived information products. Currently, FAIR-compliant digital repositories cannot …

Investing In The Open Access Book Infrastructure: A Call For Action, Pierre Mounier, Jeroen Sondervan, Graham Stone

Copyright, Fair Use, Scholarly Communication, etc.

Books play an essential role in scholarly communication, notably but not only within the Social Sciences and Humanities. Open science benefits the quality and value of research and scholarship. If open access is to benefit society as widely as possible, it is logical to include academic books. In a 2019 briefing paper, Science Europe reported that: “Open access to academic books must be considered in the wider open access policies developed by research institutions, funders, and governments.”

In recent years, Knowledge Exchange, a joint network of six key national organisations in Europe, has been working on gaining a better understanding …

Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole

Journal of the Patent and Trademark Resource Center Association

In the world of academic research, patents are classified as primary literature, and are recognized as “a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else” (World Intellectual Property Organization, 2015, p.4). Because of their status, patents are often left out of conversations surrounding source credibility and evaluation. Recent news relating to the conspiracy theories surrounding the COVID-19 pandemic and several patents, however, demonstrates the potential use of patents in spreading misinformation and disinformation. Through applying source evaluation techniques in keeping with the Association of College & Research Libraries’ …

Stalking The Wild X Patent, Barbara J. Hampton

Journal of the Patent and Trademark Resource Center Association

For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated in a …

Implementing A Registry Federation For Materials Science Data Discovery, Raymond L. Plante, Chandler A. Becker, Andrea Medina-Smith, Kevin Brady, Alden Dima, Benjamin Long, Laura M. Bartolo, James A. Warren, Robert J. Hanisch

Copyright, Fair Use, Scholarly Communication, etc.

As a result of a number of national initiatives, we are seeing rapid growth in the data important to materials science that are available over the web. Consequently, it is becoming increasingly difficult for researchers to learn what data are available and how to access them. To address this problem, the Research Data Alliance (RDA) Working Group for International Materials Science Registries (IMRR) was established to bring together materials science and information technology experts to develop an international federation of registries that can be used for global discovery of data resources for materials science. A resource registry collects high-level metadata …

Affiliation Information In Datacite Dataset Metadata: A Flemish Case Study, Niek Van Wettere

Copyright, Fair Use, Scholarly Communication, etc.

This article aims to evaluate how and to what extent metadata of datasets indexed in DataCite offer clear human- or machine-readable information that enables the research data to be linked to a particular research institution. Two main pathways are explored. First, researchers can encode their affiliation information at the moment of data submission. This can be done by means of free-text metadata fields or via the inclusion of identifiers such as GRID/ROR and ORCID. Second, affiliation information can be traced indirectly through linking between a dataset and associated publications, given that the metadata of publications is often more explicit about …

Copyright Alternative In Small-Claims Enforcement (‘‘Case’’) Act Regulations, U.S. Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

SUMMARY: The U.S. Copyright Office is issuing a notification of inquiry regarding its implementation of the Copyright Alternative in Small-Claims Enforcement (‘‘CASE’’) Act. The CASE Act establishes the Copyright Claims Board (‘‘CCB’’), an alternative forum in which parties may voluntarily seek to resolve certain copyright infringement and other claims. The Office must establish regulations to govern the CCB and its procedures, including rules addressing service of notice and other documents, waiver of personal service, notifications that parties are opting out of participating in the forum, discovery, a mechanism for certain claims to be resolved by a single CCB Officer, review …

Dataset Search In Biodiversity Research: Do Metadata In Data Repositories Reflect Scholarly Information Needs?, Felicitas Löffler, Valentin Wesp, Brigitta König-Ries, Friederike Klan

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

The increasing amount of publicly available research data provides the opportunity to link and integrate data in order to create and prove novel hypotheses, to repeat experiments or to compare recent data to data collected at a different time or place. However, recent studies have shown that retrieving relevant data for data reuse is a time-consuming task in daily research practice. In this study, we explore what hampers dataset retrieval in biodiversity research, a field that produces a large amount of heterogeneous data. In particular, we focus on scholarly search interests and metadata, the primary source of data in …

Federal Investigation Agency Against The Crime Of Book Piracy In Pakistan, Ghalib Khan Dr., Sobia Bashir, Faisal Shahzad, Saeed Ullah Jan Dr

Library Philosophy and Practice (e-journal)

The Federal Investigation Agency (FIA) is a counter-intelligence, criminal investigation and security agency of the Islamic Republic of Pakistan which was established in 1975. The Economic Crime Wing (ECW) of the FIA has the mandate to protect the Intellectual Property Rights (IPR) of the people of Pakistan. The main objective of this study is to investigate the role of FIA against the crime of book piracy in Pakistan. To achieve this objective, data was collected from the annual administration reports of FIA. The study found that FIA has been playing a vital role against the crime of book piracy …

The Oa Diamond Journals Study, Part 2: Recommendations, Arianna Becerril, Lars Bjørnshauge, Jeroen Bosman, Jan Erik Frantsvåg, Bianca Kramer, Pierre-Carl Langlais, Vanessa Proudman, Claire Redhead, Didier Torny, Pierre Mounier

Copyright, Fair Use, Scholarly Communication, etc.

Science Europe and cOAlition S publish an in-depth report and recommendations arising from a study of community-driven Open Access journals across the world that are free for readers and authors, usually referred to as 'OA diamond journals'.

The study examines the areas that are critical for OA diamond journals, from legal structures and governance to technical capabilities, editorial processes, and funding models. The recommendations made in the report are designed to help research funding organisations, institutions, scholarly societies, and infrastructures sustainably strengthen OA diamond journals in the context of Open Science.

The study was commissioned by cOAlition S and funded …

Code Of Best Practices In Fair Use For Open Educational Resources: A Guide For Authors, Adapters & Adopters Of Openly Licensed Teaching And Learning Materials, Meredith Jacob, Peter Jaszi, Prudence S. Adler, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

This code of best practices includes descriptions, hard cases, principles, and considerations for fair uses of materials in open educational resources with respect to United States copyright law, and with some discussion of copyright outside the United States context.

Open Educational Resources and Fair Use

Educators, librarians, and institutions have invested in the creation of openly licensed, freely distributed open educational resources (OER) to advance a wide range of goals within the educational system. Open educational resources enable flexible and open pedagogy; increase access to authorship and facilitate representation of different student experiences; and increase equity by reducing the barriers …

From Conceptualization To Implementation: Fair Assessment Of Research Data Objects, Anusuriya Devaraju, Mustapha Mokrane, Linas Cepinskas, Robert Huber, Patricia Herterich, Jerry De Vries, Vesa Akerman, Hervé L’Hours, Joy Davidson, Michael Diepenbroek

Copyright, Fair Use, Scholarly Communication, etc.

Funders and policy makers have strongly recommended the uptake of the FAIR principles in scientific data management. Several initiatives are working on the implementation of the principles and standardized applications to systematically evaluate data FAIRness. This paper presents practical solutions, namely metrics and tools, developed by the FAIRsFAIR project to pilot the FAIR assessment of research data objects in trustworthy data repositories. The metrics are mainly built on the indicators developed by the RDA FAIR Data Maturity Model Working Group. The tools’ design and evaluation followed an iterative process. We present two applications of the metrics: an awareness-raising self-assessment tool …

A Review Of Open Research Data Policies And Practices In China, Lili Zhang, Robert R. Downs, Jianhui Li, Liangming Wen, Chengzan Li

Copyright, Fair Use, Scholarly Communication, etc.

This paper initially conducts a literature review and content analysis of the open research data policies in China. Next, a series of exemplars describe data practices to promote and enable the use of open research data, including open data practices in research programs, data repositories, data journals, and citizen science. Moreover, the top four driving forces are identified and analyzed along with their responsible guiding work. In addition, the “landscape of open research data ecology in China” is derived from the literature review and from observations of actual cases, where the interaction and mutual development of data policies, data programs, …

Library Of Congress [Docket No. 2021-1] Announcement Of Copyright Public Modernization Committee, Carla D. Hayden

Copyright, Fair Use, Scholarly Communication, etc.

Action: Notice of convening of IT modernization public stakeholder committee.

Summary: The Library of Congress is convening a public committee to enhance communication and provide a public forum for the technology-related aspects of the U.S. Copyright Office's modernization initiative. At this time, the Library is announcing that it will accept applications from qualified members of the public to serve on this committee. The scope of contributions made by the committee are limited to the specific topics set forth in this notice. Membership will be on a volunteer basis, with the expectation of in-person or virtual participation at two open forums …

Improving Opportunities For New Value Of Open Data: Assessing And Certifying Research Data Repositories, Robert R. Downs

Copyright, Fair Use, Scholarly Communication, etc.

Investments in research that produce scientific and scholarly data can be leveraged by enabling the resulting research data products and services to be used by broader communities and for new purposes, extending reuse beyond the initial users and purposes for which the data were originally collected. Submitting research data to a data repository offers opportunities for the data to be used in the future, providing ways for new benefits to be realized from data reuse. Improvements to data repositories that facilitate new uses of data increase the potential for data reuse and for gains in the value of open data …

Introducing The Copyright Anxiety Scale, Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu

Copyright, Fair Use, Scholarly Communication, etc.

Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with …

Academic Libraries And Open Access Books In Europe: A Landscape Study, Agata Morka, Rupert Gatti

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The last fifteen years have witnessed the emergence of a new role for academic libraries. Besides fulfilling their fundamental task of providing access to knowledge, besides being called everything from temples of knowledge to disturbing heterotopias, libraries have become one of the crucial stakeholders in the open access book publishing space. They act as funders for OA book fees, they support collaborative funding schemes, and sometimes they assume the role of publishers themselves.

In an attempt to create a sustainable publishing environment, in which OA books could blossom, it is therefore necessary to gain a sound understanding of …

Compendium Of U.S. Copyright Office Practices, Third Edition, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

The Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium” or “Third Edition”) is the administrative manual of the Register of Copyrights concerning Title 17 of the United States Code and Chapter 37 of the Code of Federal Regulations. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law.

The Compendium documents and explains the many technical requirements, regulations, and legal interpretations of the U.S. Copyright Office with a primary focus on the registration …

Creating An Open Works Workshop, Jenelys Cox, Nicolas Parés

University Libraries: Staff Scholarship

Learn how to use Creative Commons licensing, choose a hosting platform, and remix open resources. This workshop explores open resource repositories, examines Creative Commons licenses, remixes materials into a group creative work, and walks participants through considerations when hosting works. This workshop supplies valuable, hands-on experience for participants.

The Role Of Institutional Repositories In Advancing Open Scholarship: A Case Study From The United Arab Emirates University, Amina Itani, Linda Östlundh

Copyright, Fair Use, Scholarly Communication, etc.

The digitization of theses and dissertations at the United Arab Emirates University (UAEU) began five years ago with the Digital Commons institutional repository (IR) platform, ScholarWorks, employed for the purpose. The project, initiated by the University Library, exemplifies how academic libraries can take the lead in advocating for digital preservation and open access publishing of institutional research materials. This case study describes how the library’s Electronic Theses and Dissertations (ETD) initiative has provided an excellent model to the UAEU for it to start disseminating its research output and how the library’s copyright and open access policies have been crucial for …

Current Market Rates For Scholarly Publishing Services, Alexander Grossman, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

For decades, the supra-inflation increase of subscription prices for scholarly journals has concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, the prices for open access publishing are also high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the …

An Analysis Of Use And Performance Data Aggregated From 35 Institutional Repositories, Kenning Arlitsch, Jonathan Wheeler, Minh Thi Ngoc Pham, Nikolaus Nova Parulian

Copyright, Fair Use, Scholarly Communication, etc.

Purpose – This study demonstrates that aggregated data from the Repository Analytics and Metrics Portal (RAMP) have significant potential to analyze visibility and use of institutional repositories (IR) as well as potential factors affecting their use, including repository size, platform, content, device and global location. The RAMP dataset is unique and public.

Design/methodology/approach – The webometrics methodology was followed to aggregate and analyze use and performance data from 35 institutional repositories in seven countries that were registered with the RAMP for a five-month period in 2019. The RAMP aggregates Google Search Console (GSC) data to show IR items that surfaced …

Unesco Recommendation On Open Science

Copyright, Fair Use, Scholarly Communication, etc.

1. The aim of this Recommendation is to provide an international framework for open science policy and practice that recognizes disciplinary and regional differences in open science perspectives, takes into account academic freedom, gender-transformative approaches and the specific challenges of scientists and other open science actors in different countries and in particular in developing countries, and contributes to reducing the digital, technological and knowledge divides existing between and within countries.

2. This Recommendation outlines a common definition, shared values, principles and standards for open science at the international level and proposes a set of actions conducive to a fair and …

Operationalizing The Care And Fair Principles For Indigenous Data Futures, Stephanie Russo Carroll, Edit Herzog, Maui Hudson, Keith Russell, Shelley Stall

Copyright, Fair Use, Scholarly Communication, etc.

As big data, open data, and open science advance to increase access to complex and large datasets for innovation, discovery, and decision-making, Indigenous Peoples’ rights to control and access their data within these data environments remain limited. Operationalizing the FAIR Principles for scientific data with the CARE Principles for Indigenous Data Governance enhances machine actionability and brings people and purpose to the fore to resolve Indigenous Peoples’ rights to and interests in their data across the data lifecycle.