Intellectual Property Law Commons^™

Ten Myths Around Open Scholarly Publishing, Jonathan P. Tennant, Harry Crane, Tom Crick, Jacinto Davila, Asura Enkhbayar, Johanna Havemann, Bianca Kramer, Ryan Martin, Paola Masuzzo, Andy Nobes, Curt Rice, Bárbara R. López, Tony Ross-Hellauer, Susanne Sattler, Paul Thacker, Marc Vanholsbeeck

Copyright, Fair Use, Scholarly Communication, etc.

The changing world of scholarly communication and the emergence of ‘Open Science’ or ‘Open Research’ has brought to light a number of controversial and hotly-debated topics. Yet, evidence-based rational debate is regularly drowned out by misinformed or exaggerated rhetoric, which does not benefit the evolving system of scholarly communication. The aim of this article is to provide a baseline evidence framework for ten of the most contested topics, in order to help frame and move forward discussions, practices and policies. We address preprints and scooping, the practice of copyright transfer, the function of peer review, and the legitimacy of ‘global’ …

Bringing Citations And Usage Metrics Together To Make Data Count, Helena Cousijn, Patricia Feeney, Daniella Lowenberg, Eleonora Presani, Natasha Simons

Copyright, Fair Use, Scholarly Communication, etc.

Over the last years, many organizations have been working on infrastructure to facilitate sharing and reuse of research data. This means that researchers now have ways of making their data available, but not necessarily incentives to do so. Several Research Data Alliance (RDA) working groups have been working on ways to start measuring activities around research data to provide input for new Data Level Metrics (DLMs). These DLMs are a critical step towards providing researchers with credit for their work. In this paper, we describe the outcomes of the work of the Scholarly Link Exchange (Scholix) working group and the …

Thoughts On Patents And Information Literacy, Dave Zwicky

Journal of the Patent and Trademark Resource Center Association

Patents are an under-used information source, in part because of an often-narrow focus by patent librarians on the tools and techniques of patentability searching. This approach can ignore a range of potential applications of patent information, using patents in their contexts as technical, design, historical, legal, and commercial documents. This paper suggests the adoption of a flexible approach, viewing patents and patent information in the greater context of information literacy, including that of the Association of College and Research Libraries’ Framework for Information Literacy for Higher Education, more commonly known as the ACRL Framework.

Electronic Publication Of The Law: Copyright And Contract Terms Of Use, Leslie Street

Continuing Legal Education Presentations

Discusses the electronic publication of laws, including sites where laws are published, their copyright and terms of use.

Foundations For Open Scholarship Strategy Development, Version 2.1 [Pre-Print], Jonathan Tennant, Jennifer E. Beamer, Jeroen Bosman, Björn Brembs, Neo Christopher Chung, Gail Clement, Tom Crick, Jonathan Dugan, Alastair Dunning, David Eccles, Asura Enkhbayar, Daniel Graziotin, Rachel Harding, Johanna Havemann, Daniel S. Katz, Kshitiz Khanal, Jesper Norgaard Kjaer, Tim Koder, Paul Macklin, Christopher R. Madan, Paola Masuzzo, Lisa Matthias, Katja Mayer, David M. Nichols, Elli Papadopoulou, Thomas Pasquier, Tony Ross-Hellauer, Michael Schulte-Mecklenbeck, Dan Sholler, Tobias Steiner, Pawel Szczesny, Andy Turner

Copyright, Fair Use, Scholarly Communication, etc.

This document aims to agree on a broad, international strategy for the implementation of open scholarship that meets the needs of different national and regional communities but works globally.

Scholarly research can be idealised as an inspirational process for advancing our collective knowledge to the benefit of all humankind. However, current research practices often struggle with a range of tensions, in part due to the fact that this collective (or “commons”) ideal conflicts with the competitive system in which most scholars work, and in part because much of the infrastructure of the scholarly world is becoming largely digital. What is …

Data Discovery Paradigms: User Requirements And Recommendations For Data Repositories, Mingfang Wu, Fotis Psomopoulos, Siri Jodha Khalsa, Anita De Waard

Copyright, Fair Use, Scholarly Communication, etc.

As data repositories make more data openly available it becomes challenging for researchers to find what they need either from a repository or through web search engines. This study attempts to investigate data users’ requirements and the role that data repositories can play in supporting data discoverability by meeting those requirements. We collected 79 data discovery use cases (or data search scenarios), from which we derived nine functional requirements for data repositories through qualitative analysis. We then applied usability heuristic evaluation and expert review methods to identify best practices that data repositories can implement to meet each functional requirement. We …

Future Of Scholarly Publishing And Scholarly Communication: Report Of The Expert Group To The European Commission, Directorate-General For Research And Innovation (European Commission), Jean-Claude Guédon, Jubb Consulting, United Kingdom, Bianca Kramer, Mikael Laakso, Birgit Schmidt, Elena Šimukovič, Jennifer Hansen, Robert Kiley, Anne Kitson, Wim Van Der Stelt, Kamilla Markram, Mark Patterson,

Copyright, Fair Use, Scholarly Communication, etc.

The Expert Group on the Future of Scholarly Publishing and Scholarly Communication was set up to support the policy development of the European Commission on Open Science. The Expert Group was asked to assess the current situation with regard to scholarly communication and publishing and to establish general principles for the future. This report analyses the recent past and present states of scholarly communication and publishing. It proposes ten principles through which a vision for scholarly communication is shaped over the next 10-15 years. These principles also serve as a way to examine shortcomings of the current scholarly communication and …

Where Should I Publish? A Library Handout For Researchers, Elsevier

Copyright, Fair Use, Scholarly Communication, etc.

5 warning signs of a predatory journal

7 essential questions to ask when evaluating a journal

Checklist to determine whether a journal is reputable

Tools to find journals based on various selection criteria

By reviewing and applying the dos and don’ts within these pages, you will increase the likelihood of publishing in the right journal for your work. Identifying the right title isn’t easy. In addition to using this guide, consider booking a consultation with a librarian to help you identify and apply your selection criteria.

The Need For Speed: How Quickly Do Preprints Become Published Articles?, Rachel Herbert, Kate Gasson, Alex Ponsford

Copyright, Fair Use, Scholarly Communication, etc.

bioRxiv’s option for authors to submit biology preprints directly to journals typically speeds up publication of articles by nearly 2 weeks—an advantage for authors who are keen to get their work published quickly

Authors approach ‘preprinting’ in different ways: while most post a preprint before submitting to a journal, just over a third of preprints were submitted to and accepted by a journal before the preprint appeared on bioRxiv

Biology preprints with just one version are published 2 weeks more quickly than those with multiple versions

Regulation Of Artificial Intelligence In Selected Jurisdictions, Jenny Gesley, Tariq Ahmad, Edouardo Soares, Ruth Levush, Gustavo Guerra, James Martin, Kelly Buchanan, Laney Zhang, Sayuri Umeda, Astghik Grigoryan, Nicolas Boring, Elin Hofverberg, Clare Feikhert-Ahalt, Graciela Rodriguez-Ferrand, George Sadek, Hanibal Goitom

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Comparative Summary

This report examines the emerging regulatory and policy landscape surrounding artificial intelligence (AI) in jurisdictions around the world and in the European Union (EU). In addition, a survey of international organizations describes the approach that United Nations (UN) agencies and regional organizations have taken towards AI. As the regulation of AI is still in its infancy, guidelines, ethics codes, and actions by and statements from governments and their agencies on AI are also addressed. While the country surveys look at various legal issues, including data protection and privacy, transparency, human oversight, surveillance, public administration and services, autonomous vehicles, …

2019-2024 Strategic Plan: Canadian Research Knowledge Network, Canadian Research Knowledge Network

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Vision The world’s knowledge is accessible by all.

Mission CRKN advances interconnected, sustainable access to the world’s research and to Canada’s documentary heritage content.

About For our member organizations and the diverse communities they serve, CRKN empowers researchers, educators, and society with greater access to the world’s research and Canada’s preserved documentary heritage, now and for future generations. We deliver value to academic libraries, heritage organizations, and knowledgeseekers within Canada in the following ways: > Represent our membership in large-scale licensing and content acquisition activities; >Collaborate to expand and enrich the digital knowledge ecosystem in Canada and the world; >Advocate for …

A Cope Study (2019): Exploring Publication Ethics Issues In The Arts, Humanities, And Social Sciences, Committee On Publication Ethics

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COPE (Committee on Publication Ethics) is a non-statutory body which aims to provide practical publication ethics guidance for journal editors working in all research disciplines. COPE was first conceived by an editor of a specialist medical journal at the BMJ Publishing Group but has since grown to become a fully multidisciplinary organisation. As a result of perceptions within COPE that some members not in Science Technology and Medicine (STM) disciplines might not consider COPE to be as relevant, in early 2019 COPE, with the support of Routledge (part of the Taylor & Francis Group), commissioned primary research to better understand …

The Care Principles For Indigenous Data Governance, Global Indigenous Data Alliance

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The CARE Principles for Indigenous Data Governance

The current movement toward open data and open science does not fully engage with Indigenous Peoples rights and interests. Existing principles within the open data movement (e.g. FAIR: findable, accessible, interoperable, reusable) primarily focus on characteristics of data that will facilitate increased data sharing among entities while ignoring power differentials and historical contexts. The emphasis on greater data sharing alone creates a tension for Indigenous Peoples who are also asserting greater control over the application and use of Indigenous data and Indigenous Knowledge for collective benefit.

This includes the right to create value …

Rp-4.4.2 Patent And Technology Transfer Policy [University Of Nebraska Board Of Regents Policies], University Of Nebraska Board Of Regents

Copyright, Fair Use, Scholarly Communication, etc.

This Patent and Technology Transfer Policy is adopted for the purpose of providing general policy regulations to implement Section 3.10 of the University of Nebraska Bylaws of the Board of Regents.

Copyright Term And The Public Domain In The United States, Peter B. Hirtle

Copyright, Fair Use, Scholarly Communication, etc.

Footnote 1:

1. This chart was first published in Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term Extension," Archival Outlook, January/February 1999. This version is current as of 1 January 2019. The most recent version is found at https://copyright.cornell.edu/publicdomain. For some explanation on how to use the chart and complications hidden in it, see Peter B. Hirtle, "When is 1923 Going to Arrive and Other Complications of the U.S. Public Domain," Searcher (Sept 2012). The chart is based in part on Laura N. Gasaway's chart, "When Works Pass Into the Public Domain," at <http://www.unc.edu/~unclng/public-d.htm>, and similar …

Assessing The Size Of The Affordability Problem In Scholarly Publishing, Alexander Grossman, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

For many decades, the hyperinflation of subscription prices for scholarly journals have concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, also the prices for open access publishing are 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 …

Digital CommonsTm: 10 Strategies To Expand Your Institution’S Global Research Visibility With A Next-Generation Ir, Elsevier

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This short paper explores 10 themes of next generation repositories, elevating what is possible, and giving competitive advantage to forward-thinking institutions who are ready to take the next step in their IR strategy.

Since the concept was first launched in 2003, over 5,200 institutions worldwide have adopted an Institutional Repository (IR) to store and manage all their academic research and archival content, publish and manage journals, and more.

In November 2017, the global Confederation of Open Access Repositories (COAR) published the report, Behaviours and Technical Recommendations of the COAR Next Generation Repositories Working Group¹. This sets out a framework positioning …

Mapping The Scholarly Communication Landscape: 2019 Census, Katherine Skinner

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the design, methods, results, and recommendations of the 2019 Census of Scholarly Communication Infrastructure Providers (SCIP), a Census produced by the “Mapping the Scholarly Communication Infrastructure” project team (Andrew W. Mellon Foundation; Middlebury College, 2018-19). The SCIP Census was created to document key components comprising the organizational, business, and technical apparatuses of a broad range of Scholarly Communication Resources (SCRs) – the tools, services, and systems that are instrumental to the publishing and distribution of the scholarly record. Using Community Cultivation – A Field Guide (Educopia, 2018) as a framework, we designed a Conceptual Model detailing the …

Open Scholarship And The Need For Collective Action, Knowledge Exchange, Cameron Neylon,, Rene Belsø,, Magchiel Bijsterbosch, Bas Cordewener, Jérôme Foncel, Sascha Friesike, Aileen Fyfe, Neil Jacobs, Matthias Katerbow, Mikael Laakso, Laurents Sesink

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The aim of this book is to enhance community understanding of the mechanisms and processes that can enable Open Scholarship to reach its full potential. The book is the result of a Knowledge Exchange (KE) (knowledge-exchange.info/about-us) activity to explore the economy of Open Scholarship across six European countries (Denmark, Finland, France, Germany, the Netherlands and the UK) and beyond.

Many of the challenges in navigating the transition to Open Scholarship are economic, either in the sense of being directly financial, or in the sense of being related to incentives. We therefore focus on the economic arena. Our conclusion is that …

Fractional Authorship & Publication Productivity, Kate Gasson, Rachel Herbert, Alex Ponsford

Copyright, Fair Use, Scholarly Communication, etc.

Authors divide their research output across publications, contributing via research collaborations

The trend is for authors to produce more publications per year (increased fractionalization) but for the overall number of publications per author to decrease

We suggest that the effort required to participate in research collaborations is a factor in the decrease in publications per author

Are authors collaborating more in response to the pressure to publish?

Growth in the number of scholarly publications each year has been well documented (e.g., Bornmann & Mutz, 2015, Figure 1). But how has that growth been achieved? Is it purely due to increasing …

From Coalition To Commons: Plan S And The Future Of Scholarly Communication, Rob Johnson

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

The announcement of Plan S in September 2018 triggered a wide-ranging debate over how best to accelerate the shift to open access. The Plan’s ten principles represent a call for the creation of an intellectual commons, to be brought into being through collective action by funders and managed through regulated market mechanisms. As it gathers both momentum and critics, the coalition must grapple with questions of equity, efficiency and sustainability. The work of Elinor Ostrom has shown that successful management of the commons frequently relies on polycentricity and adaptive governance. The Plan S principles must therefore function as …

The Global Disinformation Order: 2019 Global Inventory Of Organised Social Media Manipulation, Samantha Bradshaw, Philip N. Howard

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Executive Summary

Over the past three years, we have monitored the global organization of social media manipulation by governments and political parties. Our 2019 report analyses the trends of computational propaganda and the evolving tools, capacities, strategies, and resources.

1. Evidence of organized social media manipulation campaigns which have taken place in 70 countries, up from 48 countries in 2018 and 28 countries in 2017. In each country, there is at least one political party or government agency using social media to shape public attitudes domestically.

2.Social media has become co-opted by many authoritarian regimes. In 26 countries, computational propaganda …

Academic Special Collections And The Myths Of Copyright, Teresa Auch Schultz, Dana Miller

Copyright, Fair Use, Scholarly Communication, etc.

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were …

Harmonization And Interoperability Of Metadata Schemes Used At The National Autonomous University Of Mexico (Unam) Repositories: The Iibiunam Repository And / Y Armonización E Interoperabilidad De Los Esquemas De Metadatos Utilizados En Repositorios De La Universidad Nacional Autónoma De México (Unam): El Repositorio Iibi-Unam, Filiberto Felipe Martínez Arellano, Noel Perea Reyes, Dante Ortiz Ancona, Juan Miguel Palma Peña

Copyright, Fair Use, Scholarly Communication, etc.

English

As a result of the Open Access (OA) movement, it is undeniable that all over the world there are many completed and ongoing projects of institutional repositories (IR) as a new alternative for scientific communication. IR facilitate access to research outputs, i.e. articles, books, book chapters, theses and dissertations, among other publications. The creation of IR has been widely promoted in Mexico and Latin America. The Institute of Research on Library Science and Information [Instituto de Investigaciones Bibliotecológicas y de la Información, IIBI], as one of the 59 research institutes of the National Autonomous University of Mexico [Universidad Nacional …

Ifla Library Publishing Special Interest Group Action Plan 2019-2020, Ifla Sig Library Publishing

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The 2019-2020 action plan for the newly-created International Federation of Library Associations and Institutions Special Interest Group on Library Publishing (IFLA SIG LP). Includes information about strategic directions, key initiatives, funding needs, and ways to measure outputs.

The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag

Faculty Articles

Now that the dust has settled on the Authors Guild cases, this Article takes stock of the legal context for TDM research in the United States. This reappraisal begins in Part I with an assessment of exactly what the Authors Guild cases did and did not establish with respect to the fair use status of text mining. Those cases held unambiguously that reproducing copyrighted works as one step in the process of knowledge discovery through text data mining was transformative, and thus ultimately a fair use of those works. Part I explains why those rulings followed inexorably from copyright's most …

United States Department Of Defense Scientific Integrity Policy

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US DOD SIP

A Grand Challenges-Based Research Agenda For Scholarly Communication And Information Science [Mit Grand Challenge Pubpub Participation Platform], Micah Altman, Chris Bourg

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Identifying Grand Challenges

A global and multidisciplinary community of stakeholders came together in March 2018 to identify, scope, and prioritize a common vision for specific grand research challenges related to the fields of information science and scholarly communications. The participants included domain researchers in academia, practitioners, and those who are aiming to democratize scholarship. An explicit goal of the summit was to identify research needs related to barriers in the development of scalable, interoperable, socially beneficial, and equitable systems for scholarly information; and to explore the development of non-market approaches to governing the scholarly knowledge ecosystem.

To spur discussion and …

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright

Presentations

This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to …

Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue Ann Gardner, Margaret Mering, Linnea Fredrickson

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Highlights include hosting the ACRL Scholarly Communications Roadshow, joining the National Library of Medicine’s PubMed Link-out program, the Gerald Hodges Intellectual Freedom Chapter Relations Award from the American Library Association, institutional repository deposits and traffic, journals published, Zea Books published, conferences, presentations, publications, staffing notes, and student workers.