Intellectual Property Law Commons^™

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

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the slides:

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

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

Many instructors also want better materials:

➢ So all students can participate.

➢ So their voice can shine through.

➢ So their discipline can be represented.

➢ So they can use new technologies and pedagogies.

From Creativity To Classification: A Logical Approach To Patent Searching, Marian G. Armour-Gemmen

Faculty & Staff Scholarship

Engineering students and professors need to understand and search intellectual property. In the past, librarians have instructed them on using the United States Patent Classification (USPC). In 2015, after a period of transition, the United States Patent and Trademark Office phased out the USPC and began exclusively classifying in the Cooperative Patent Classification (CPC). This adoption presented librarians a challenge of instructing students and professors in the easiest and most effective patent search. By tying patent searching to an example and presenting classification in an understandable fashion using CPC in conjunction with USPC, this writer presents a logical directed search …

Research Data Management In Research Institutions In Zimbabwe, Josiline Chigwada, Blessing Chiparausha, Justice Kasiroori

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The research was aimed at evaluating how research data are being managed in research institutions in Zimbabwe. The study also sought to assess the challenges that are faced in research data management by research institutions in Zimbabwe. Twenty five institutions of higher learning and other organisations that deal with research were selected using purposive sampling to participate in the study. An online questionnaire on SurveyMonkey was sent to the selected participants and telephone interviews were done to follow up on participants who failed to respond on time. Data that were collected using interviews were entered manually into SurveyMonkey for easy …

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

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Introduction

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

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

Publication Agreement Comparison Exercise, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Molly Keener, William Cross

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Scholarly communication: From understanding to engagement. Asks the questions:

Once each agreement is signed:

 Who owns copyright?

 What does the publisher promise they will do?

 How can you share your article? o With colleagues? o With students? o At conferences?

 What can you archive? Where?

 What would you change?

Looking Into Pandora's Box: The Content Of Sci-Hub And Its Usage, Bastian Greshake

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Despite the growth of Open Access, potentially illegally circumventing paywalls to access scholarly publications is becoming a more mainstream phenomenon. The web service Sci-Hub is amongst the biggest facilitators of this, offering free access to around 62 million publications. So far it is not well studied how and why its users are accessing publications through Sci-Hub. By utilizing the recently released corpus of Sci-Hub and comparing it to the data of ~28 million downloads done through the service, this study tries to address some of these questions. The comparative analysis shows that both the usage and complete corpus is largely …

Workshop Agenda, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Joy Kirchner, William Cross

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Scholarly communication: From understanding to engagement. Agenda for the day. 2017 Nebraska ACRL (Association of College & Research Libraries) Scholarly Communication Roadshow, July 12, 2017, 8:00 am - 4:30 pm CDT, University of Nebraska-Lincoln, Jackie Gaughan Multicultural Center, Unity Room.

Rethinking Institutional Repository Strategies, Cni Executive Roundtable, Clifford Lynch

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At the spring 2017 CNI meeting in Albuquerque, New Mexico, we held an Executive Roundtable on the topic of Rethinking Institutional Repository Strategies. We knew this was a timely topic for many of our member institutions, and we anticipated that many CNI member institutions would seek to attend this roundtable. To meet the demand, we offered two sessions of the roundtable (with different institutions participating in each) on sequential days, and even then had to turn away many who expressed interest. At the main CNI meeting, CNI’s executive director Clifford Lynch offered a summary of the roundtables during one of …

Developing Criteria To Establish Trusted Digital Repositories, John Faundeen

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This paper details the drivers, methods, and outcomes of the U.S. Geological Survey’s quest to establish criteria by which to judge its own digital preservation resources as Trusted Digital Repositories. Drivers included recent U.S. legislation focused on data and asset management conducted by federal agencies spending $100M USD or more annually on research activities. The methods entailed seeking existing evaluation criteria from national and international organizations such as International Standards Organization (ISO), U.S. Library of Congress, and Data Seal of Approval upon which to model USGS repository evaluations. Certification, complexity, cost, and usability of existing evaluation models were key considerations. …

Zea Books: Monograph Publishing Imprint Of The University Of Nebraska-Lincoln Libraries, Paul Royster

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A short history and tour of Zea Books, the University of Nebraska-Lincoln Libraries monograph publishing imprint.

A discussion of book production costs, comparisons with APCs.

Suggestions and advice for would-be publishers.

Nist Response To Ostp Memo, 2013: Public Access Plan (April 2017)

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NIST response to OSTP memo, 2013: Public Access Plan (April 2017)

Starting From The End: What To Do When Restricted Data Is Released, Marta Teperek, Rhys Morgan, Michelle Ellefson, Danny Kingsley

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Repository managers can never be one hundred percent sure of the security of hosted research data. Even assuming that human errors and technical faults will never happen, repositories can be subject to hacking attacks. Therefore, repositories accepting personal/sensitive data (or other forms of restricted data) should have workflows in place with defined procedures to be followed should things go wrong and restricted data is inappropriately released. In this paper we will report on our considerations and procedures when restricted data from our institution was inappropriately released.

[University Of Nebraska-Lincoln] Digital Commons Ranked Among World's Best, University Of Nebraska-Lincoln

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The University of Nebraska-Lincoln Digital Commons, a collaborative service provided by the University Libraries, was recently ranked among the best digital repositories in the world (as of March 2017).

Real Resources For Researching Ip Law, Anne Burnett

Presentations

A presentation on strategies for researching intellectual property law in classroom L. Sponsored by the Alexander Campbell King Law Library and the Intellectual Property Law Society.

Legal And Ethical Issues Around Incorporating Traditional Knowledge In Polar Data Infrastructures, Teresa Scassa, Fraser Taylor

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Human knowledge of the polar region is a unique blend of Western scientific knowledge and local and indigenous knowledge. It is increasingly recognized that to exclude Traditional Knowledge from repositories of polar data would both limit the value of such repositories and perpetuate colonial legacies of exclusion and exploitation. However, the inclusion of Traditional Knowledge within repositories that are conceived and designed for Western scientific knowledge raises its own unique challenges. There is increasing acceptance of the need to make these two knowledge systems interoperable but in addition to the technical challenge there are legal and ethical issues involved. These …

Scholarly Communication And The Dilemma Of Collective Action: Why Academic Journals Cost Too Much, John Wenzler

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Why has the rise of the Internet—which drastically reduces the cost of distributing information—coincided with drastic increases in the prices that academic libraries pay for access to scholarly journals? This study argues that libraries are trapped in a collective action dilemma as defined by economist Mancur Olson in The Logic of Collective Action: Public Goods and the Theory of Groups. To truly reduce their costs, librarians would have to build a shared online collection of scholarly resources jointly managed by the academic community as a whole, but individual academic institutions lack the private incentives necessary to invest in a shared …

How Could An Open Access Scholarly Journal System Look? A Scenario Analysis, Maurits Van Der Graaf, Leo Waaijers

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Ralf Schimmer’s blog “Making the moves for large scale transition toward Open Access” makes the case to achieve such a transition by means of offsetting deals. The urgency for such a transition is emphasized by the recently announced ambition of the EU to have “Open Access to scientific publications as the best option by default by 2020”i. This should be done “in a cost-effective way, without embargoes, or with as short as possible embargoes”. In this blog, we explore and analyse the scenario whereby this transition will be brought about by successful offsetting deals, meaning that ultimately all articles in …

Can Scientists And Their Institutions Become Their Own Open Access Publishers?, Karen Shashok

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This article offers a personal perspective on the current state of academic publishing, and posits that the scientific community is beset with journals that contribute little valuable knowledge, overload the community’s capacity for high-quality peer review, and waste resources. Open access publishing can offer solutions that benefit researchers and other information users, as well as institutions and funders, but commercial journal publishers have influenced open access policies and practices in ways that favor their economic interests over those of other stakeholders in knowledge creation and sharing. One way to free research from constraints on access is the diamond route of …

Updating The Agenda For Academic Libraries And Scholarly Communications, Clifford Lynch

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This issue of C&RL is focused on scholarly communication, and it seems appropriate, in this invited guest editorial, to step back and examine the broader agenda that academic and research libraries need to consider today in engaging with scholarly communications as a way of framing the issue. My view is that this agenda is ripe for re-thinking. The overall environment has changed significantly in the last few years, underscoring the growing irrelevance of some long-held ideas, and at the same time, clearly identifying new and urgent priorities. What I hope to do here is to summarize very succinctly my thoughts …

A Genealogy Of Open Access: Negotiations Between Openness And Access To Research / Une Généalogie De L'Open Access : Négociations Entre L'Ouverture Et L'Accès À La Recherche, Samuel A. Moore

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Open access (OA) is a contested term with a complicated history and a variety of understandings. This rich history is routinely ignored by institutional, funder and governmental policies that instead enclose the concept and promote narrow approaches to OA. This article presents a genealogy of the term open access, focusing on the separate histories that emphasise openness and reusability on the one hand, as borrowed from the open-source software and free culture movements, and accessibility on the other hand, as represented by proponents of institutional and subject repositories. This genealogy is further complicated by the publishing cultures that have evolved …

Theft! A History Of Music: A Tale Of Law And Music That Leads Through The Gates Of Time! [Tales From The Public Domain], Keith Aoki, James Boyle, Jennifer Jenkins

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Back cover text:

This comic lays out 2000 years of musical history. A neglected part of musical history. Again and again there have been attempts to police music; to restrict borrowing and cultural cross-fertilization. But music builds on itself. To those who think that mash-ups and sampling started with YouTube or the DJ's turntables, it might be shocking to find that musicians have been borrowing-extensively borrowing-from each other since music began. Then why try to stop that process The reasons varied. Philosophy, religion, politics, race--again and again, race--and law. And because music affects us so deeply, those struggles were passionate …

An Empirical Study Of Law Journal Copyright Practices, 16 J. Marshall Rev. Intell. Prop. L. 207 (2017), Brian Frye, Christopher Ryan, Franklin Runge

UIC Review of Intellectual Property Law

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright …

Democratizing Academic Journals: Technology, Services, And Open Access, Scholastica, Danielle Padula, Björn Brembs, Stevan Harnad, Ulrich Herb, Roxanne Missingham, Dan Morgan, John Ortbal

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This white paper delves into:

• The past and present state of journal publishing

• Current alternatives to the corporate publisher model

• Steps to realize sustainable, open access-friendly journal models of the future

This paper argues democratization of journal publishing is the key to lowering journal production costs and facilitating OA. Members of the academic community, either at established not-for-profit organizations or through informal groups of editors and advocates, must break up the corporate publisher conglomerate by taking control of journals and developing funding, access, and distribution models that work for their disciplines. This paper explores how widespread adoption …

Library As Publisher: New Models Of Scholarly Communication For A New Era, Sarah Kalikman Lippincott

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Why Library Publishing?

In a post on library publishing for the influential Scholarly Kitchen blog, publishing consultant Joe Esposito (2013) asked rhetorically, “Why would anyone want to get into this business when those of us who were already there were trying desperately to get out?” The publishing community has established that publishing is not easy, it is not usually profitable at a small scale, it is in a constant state of “crisis,” and it is dealing with a variety of challenges and tensions, from changes in technology to changes in the marketplace. So why don’t libraries leave this up to …

Crown Copyright: An Overview For Government Departments, National Archives, United Kingdom

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The purpose of this guidance is to provide government departments with a general overview on how Crown copyright is managed. It covers the following: What is Crown copyright? Copyright ownership, re-use of Crown copyright information, and copyright and publishing.

Enhancing Innovation In The Ugandan Agri-Food Sector: Progress, Constraints, And Possibilities, Travis Lybbert, Kritika Saxena, Julius Ecuru, Dick Kawooya, Sacha Wunsch-Vincent

Faculty Publications

No abstract provided.

Ownership Of Intellectual Property In The Library Complex, Patrick Roughen

Library Philosophy and Practice (e-journal)

In order to broadly explore intellectual property in the context of the library complex, this research examines the patents produced by companies that provide goods and services to libraries, as well as patents associated with international libraries. This paper also surveys the trademarks and copyrights held by Charlotte Mecklenburg Library, located in Charlotte, North Carolina. This research suggests ways in which development of intellectual property by U.S. libraries might evolve in the future, with evidence obtained primarily through the searching of online databases.

Open Access, Academic Libraries And The Future Of Scholarly Publishing, Elena Šimukovič

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●Background on research project ●Open Access: a long desire for transition ●Open Access targets in Europe ●OA2020 – setting a new horizon? ●Counter-narratives and inner resistances ●What about libraries? ●Discussion & concluding remarks

Across The Great Divide: Findings And Possibilities For Action From The 2016 Summit Meeting Of Academic Libraries And University Presses With Administrative Relationships (P2l), Mary Rose Muccie, Joe Lucia, Elliott Shore, Clifford Lynch, Peter Berkery

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The library-press relationship explored in P2L allows for transformative approaches in support and dissemination of scholarship. Effective exploitation of these partnerships is in the early stages and there is an opportunity to influence the outcomes to ensure they are as broadly applicable and scalable as possible. As Cliff Lynch (CNI) noted in his summary of the day’s conversation, we must do more exploration of both intra-institutional (library and press) and cross-institutional collaborations. He provided several compelling suggestions for partnerships, including new ways to promote and leverage library special collections as well as ideas for increasing discoverability of press content. (See …

United States Department Of Homeland Security Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (December 2016)

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DHS response to OSTP memo, 2013: Public Access Plan (December 2016)