Intellectual Property Law Commons^™

Recommendations For Standardized International Rights Statements, Rightsstatements.Org, International Rights Statements Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Europeana, the Digital Public Library of America (DPLA), and many other 1 2 libraries, archives and other cultural heritage institutions believe that everyone should be able to engage with their cultural heritage online. We can help achieve this by giving cultural heritage institutions simple and standardized terms to summarize the copyright status of Works in their collection and how they may be used. These simple and standardized terms we call “Rights Statements.” Providing this information is essential for those who wish to actively engage with the Works they find online. Can they use it in a school report? Print it …

Converting Scholarly Journals To Open Access: A Review Of Approaches And Experiences, David J. Solomon, Mikael Laakso, Bo-Christer Björk, Peter Suber Editor

Copyright, Fair Use, Scholarly Communication, etc.

This report identifies ways through which subscription-based scholarly journals have converted their publishing models to open access (OA). The major goal was to identify specific scenarios that have been used or proposed for transitioning subscription journals to OA so that these scenarios can provide options for others seeking to “flip” their journals to OA. The report is based on the published literature as well as “gray” literature such as blog posts and press releases. In addition, interviews were conducted with eight experts in scholarly publishing. The report identifies a variety of goals for converting a journal to OA. While there …

Altmetrics Definitions And Use Cases, National Information Standards Organization (Niso)

Copyright, Fair Use, Scholarly Communication, etc.

The NISO Alternative Assessment Metrics Initiative was begun in July 2013 with funding from the Alfred P. Sloan Foundation, and divided into two phases. Phase II of the Project, which began in late 2014, set out to develop standards covering particular action items identified in Phase I through the creation of three NISO working groups. This document represents the output of the working group tasked with the following action items:

1. To come up with specific definitions for the terms commonly used in alternative assessment metrics, enabling different stakeholders to talk about the same thing; and

2. To identify the …

Altmetrics Data Quality Code Of Conduct, National Information Standards Organization

Copyright, Fair Use, Scholarly Communication, etc.

Altmetrics are increasingly being used and discussed as an expansion of the tools available for measuring the scholarly impact of research in the knowledge environment. The NISO Alternative Assessment Metrics Project was begun in July 2013 with funding from the Alfred P. Sloan Foundation to address several areas of limitations and gaps that hinder the broader adoption of altmetrics. This document is one output from this project, intended to help organizations that wish to use altmetrics to ensure their consistent application across the community. “Working Group C” studied and discussed issues of data quality in the altmetrics realm, an essential …

Finding The Public Domain: Copyright Review Management System Toolkit, Richard C. Adler, Justin Bonfiglio, Kristina Eden, Brian S. Hall, Melissa Levine, University Of Michigan Library Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. In CRMS- US (2008– 11), CRMS reviewed over 170,000 volumes in the HathiTrust Digital Library that were published in the United States between 1923 and 1963 (“CRMS- US”). That first project team— which included reviewers from the University of Michigan, the University of Wisconsin, the University of Minnesota, and Indiana University— identified nearly 87,000 volumes …

Strengthening Research Through Data Sharing, Elizabeth Warren

Copyright, Fair Use, Scholarly Communication, etc.

Data sharing has incredible potential to strengthen academic research, the practice of medicine, and the integrity of the clinical trial system. Some benefits are obvious: when researchers have access to complete data, they can answer new questions, explore different lines of analysis, and more efficiently conduct large-scale analyses across trials. Other advantages, such as providing a guardrail against conflicts of interest in a clinical trial system in which external sponsorship of research is common and necessary, are less visible yet just as critical. I appreciate that there are many policy, privacy, and practical issues that need to be addressed in …

Intellectual Freedom For Authors: A Very Brief Overview Of United States Copyright, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

VIII: Intellectual Freedom for Authors: A Very Brief Overview of United States Copyright

What Can Be Copyrighted and What Rights Are Conferred?

Who Owns Copyright in a Work?

Copyright Formalities

Transfer of Copyright

Length of Term of Copyright

Permissions and Licensing

Fair Use

Consequences of Infringement

United States Geological Survey (Usgs) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (January 2016)

Copyright, Fair Use, Scholarly Communication, etc.

USGS response to OSTP memo, 2013: Public Access Plan (January 2016)

Open Educational Resources: Policy, Costs And Transformation, Fengchun Miao, Sanjaya Mishra, Rory Mcgreal

Copyright, Fair Use, Scholarly Communication, etc.

Open Educational Resources (OER) — teaching, learning and research materials that their owners make free for others to use, revise and share — offer a powerful means of expanding the reach and effectiveness of worldwide education.

The Commonwealth of Learning (COL) and UNESCO co-organised the World OER Congress in 2012 in Paris. That Congress resulted in the OER Paris Declaration: a statement that urged governments around the world to release, as OER, all teaching, learning and research materials developed with public funds.

This book, drawing on 15 case studies contributed by 29 OER researchers and policy-makers from 15 countries across …

Food For Thought: Should Libraries Partner With Nonlibrary Search Engine Providers For Their Opacs And Discovery Layers?, Michelle Wu

Georgetown Law Faculty Publications and Other Works

Since the development of integrated library systems (ILS) in the 1970s, the focus of developers and librarians has been on the “integrated” aspect, but with the advances in technology, the time has come for libraries to consider whether a disaggregated system would better benefit their users. This article seeks to make the argument that the design of a user-friendly public interface to library systems is ideal for partnerships with the broader search engine industry; such an approach would enable participants to harness their respective strengths while simultaneously limiting the effect of their deficiencies

What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros

Library Staff Publications

No abstract provided.

H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock

Copyright, Fair Use, Scholarly Communication, etc.

A bill put forth during the first Session of the 114th Congress to establish the United States Copyright Office as an independent agency, and for other purposes. This Act may be cited as the "Copyright Office for the Digital Economy Act."

Proposes enacting changes to Section 701 and Section 408 of Title 17 of the United States Code to remove the United States Copyright Office from the Legislative branch of the federal government and move it to the Executive branch of the federal government, along with proposals for associated transfer of administrative and technical functions.

United States Veteran's Affairs Agency (Va) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (July 2015)

Copyright, Fair Use, Scholarly Communication, etc.

VA response to OSTP memo, 2013: Public Access Plan (July 2015)

Freedom In My Heart, Karen Sandler

Events

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Presentations

In this talk I discuss the results of a survey of Canadian university faculty members undertaken from October to December 2014. The survey sought to determine teaching faculty awareness of copyright law and institutional policy and training, and how they would respond in various scenarios.

Analysis of the results suggests that while faculty members are aware of the existence of their institution's copyright policy, much fewer know whether their institution offers training. Of those who do know about training, only one-third have attended. However, faculty who have attended copyright training find that their knowledge is enhanced by the experience.

It …

Integration Of Information Literacy Skills To Mechanical Engineering Capstone Projects, Farshid Zabihian, Mary L. Strife, Marian G. Armour-Gemmen

Faculty & Staff Scholarship

Searching for information and using that information appropriately is an essential part of every engineering design project. It has been reported that design engineers spend about 30% of their time searching for information. Experience shows that even senior level students have not received proper training, either directly or indirectly, in information literacy (IL). They usually search for information intuitively. For mechanical and aerospace engineering students at West Virginia University Institute of Technology (WVU Tech), the Mechanical Engineering System Design I and II courses (MAE 480 and 481) are probably the last chance to teach students about IL. In this project, …

10 Things You Should Know About...Scholarly Communication, Molly Keener, Joy Kirchner, Sarah Shreeves, Lee Van Orsdel

Copyright, Fair Use, Scholarly Communication, etc.

For its general concept, the authors are deeply indebted to the EDUCAUSE “Seven Things You Need to Know About…” reports.

United States National Science Foundation (Nsf) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (March 2015)

Copyright, Fair Use, Scholarly Communication, etc.

NSF response to OSTP memo, 2013: Public Access Plan (March 2015)

The Stm Report: An Overview Of Scientific And Scholarly Journal Publishing, Mark Ware, Michael Mabe

Copyright, Fair Use, Scholarly Communication, etc.

Contents

Executive summary ● Scholarly communication ● The research cycle ● Types of scholarly communication ● Changes in scholarly communication system ● The journal ● What is a journal? ● The journals publishing cycle ● Sales channels and models ● Journal economics and market size ● Journal and articles numbers and trends ● Global trends in scientific output ● Authors and readers ● Publishers ● Peer review. ● Reading patterns ● Disciplinary differences ● Citations and the Impact Factor ● Costs of journal publishing ● Authors’ behaviour, perceptions and attitudes ● Publishing ethics ● Copyright and licensing ● Long term …

Fair Use Fundamentals, Association Of Research Libraries, Yippa

Copyright, Fair Use, Scholarly Communication, etc.

Copyright law is a carefully balanced system meant to encourage creativity as well as cultural and scientific progress. The law encourages authors by giving them limited control over certain uses of their works, and it encourages everyone (including authors) to use existing cultural and scientific material without permission, under certain circumstances, to engage in a wide variety of vital activities. Many parts of the law favor the freedom to use culture, but by far and away the most flexible, powerful, and universal user’s right is fair use. As you’ll see below: fair use is a right, fair use is vitally …

Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-in-residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.

Exploring the implications of one critically important case for research libraries, Jonathan Band, legal counsel to the …

United States Department Of Defense (Dod) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (February 2015)

Copyright, Fair Use, Scholarly Communication, etc.

DOD response to OSTP memo, 2013: Public Access Plan (February 2015)

United States National Oceanographic And Atmospheric Administration Plan For Increasing Public Access To Research Results: A Response To The White House Office Of Science And Technology Policy Memorandum 'Increasing Access To The Results Of Federal Funded Scientific Research,' Issued February 22, 2013

Copyright, Fair Use, Scholarly Communication, etc.

NOAA plan for increasing public access to research results : a response to the White House Office of Science and Technology Policy memorandum 'Increasing access to the results of Federal funded scientific research' issued February 22, 2013

Access To Scientific Data In The 21st Century: Rationale And Illustrative Usage Rights Review, James Campbell

Copyright, Fair Use, Scholarly Communication, etc.

Making scientific data openly accessible and available for re-use is desirable to encourage validation of research results and/or economic development. Understanding what users may, or may not, do with data in online data repositories is key to maximizing the benefits of scientific data re-use. Many online repositories that allow access to scientific data indicate that data is “open,” yet specific usage conditions reviewed on 40 “open” sites suggest that there is no agreed upon understanding of what “open” means with respect to data. This inconsistency can be an impediment to data re-use by researchers and the public.

The Oligopoly Of Academic Publishers In The Digital Era, Vincent Larivière, Stefanie Haustein, Philippe Mongeon

Copyright, Fair Use, Scholarly Communication, etc.

The consolidation of the scientific publishing industry has been the topic of much debate within and outside the scientific community, especially in relation to major publishers’ high profit margins. However, the share of scientific output published in the journals of these major publishers, as well as its evolution over time and across various disciplines, has not yet been analyzed. This paper provides such analysis, based on 45 million documents indexed in the Web of Science over the period 1973-2013. It shows that in both natural and medical sciences (NMS) and social sciences and humanities (SSH), Reed-Elsevier, Wiley Blackwell, Springer, and …

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Publications

This article describes the background, methodology, and results of a study undertaken in 2014 to determine university faculty awareness and perceptions of copyright as it affects their teaching. An online survey questionnaire was distributed to teaching faculty across Canada, seeking feedback about the copyright policies and training opportunities at their institutions, where they go for copyright assistance, and how they would respond to various copyright-related scenarios that may arise in the course of teaching.

Most of the respondents are aware of the copyright policies or guidelines at their universities, but much fewer know whether or not their institution offers copyright …

Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho

Library Faculty and Staff Publications

No abstract provided.

Understanding Rights Reversion: When, Why, & How To Regain Copyright And Make Your Book More Available, Nicole Cabrera, Jordyn Ostroff, Brianna Schofield

Copyright, Fair Use, Scholarly Communication, etc.

Are you an author who would like to increase your book’s availability? Have you already entered into a publishing agreement for your book? If you answered “yes” to both of these questions, then read on! This guide addresses the needs of authors who wish to make their works available to a wider audience in ways that may be prohibited by the terms of their existing publishing agreements.

For example, this guide will help authors who want to do things like: • Bring their out-of-print books back into print • Publish digital versions of their books • Make their books openly …

Mapping The Future Of Scholarly Publishing, Open Science Initiative Working Group

Copyright, Fair Use, Scholarly Communication, etc.

The Open Science Initiative (OSI) is a working group convened by the National Science Communication Institute (nSCI) in October 2014 to discuss the issues regarding improving open access for the betterment of science and to recommend possible solutions. The following document summarizes the wide range of issues, perspectives and recommendations from this group’s online conversation during November and December 2014 and January 2015. The 112 participants who signed up to participate in this conversation were drawn mostly from the academic, research, and library communities. Most of these 112 were not active in this conversation, but a healthy diversity of key …

The Mcdonaldization Of Academic Libraries?, Brian Quinn

Copyright, Fair Use, Scholarly Communication, etc.

George Ritzer, a sociologist at the University of Maryland, has proposed an influential thesis that suggests that many aspects of the fast food industry are making their way into other areas of society. This article explores whether his thesis, known as the McDonaldization thesis, is applicable to academic libraries. Specifically, it seeks to determine to what extent academic libraries may be considered McDonaldized, and if so, what effect McDonaldization may be having on them. It also investigates some possible alternatives to McDonaldization, and their implications for academic libraries.