Intellectual Property Law Commons^™

Readers' Copyright, Jessica Litman

Open Access Week

An open lecture on reclaiming copyright for readers, listeners, and viewers, given by University of Michigan Law professor Jessica Litman.

A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. Litman argues that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public …

What Is Open Access?, Jonathan Mcglone

Open Access Week

Come learn about the growing electronic publishing movement that seeks free access to scholarly materials -- Open Access. WSU Scholarly Communications Librarian Jon McGlone will introduce the topic, share examples of Open Access across North America and at Wayne State, and address some of the basic questions and issues Open Access raises.

Scholarly Communications Outreach: A Workshop For Librarians, Wsu Libraries Scholarly Communications Team

Open Access Week

This workshop will help liaison librarians in their scholarly communications and open access outreach efforts with faculty. Workshop will incorporate current videos created by BePress on outreach and discussion of these videos, and teach librarians the process behind adding faculty contributions to DigitalCommons@WSU, focusing on how to conduct permissions and rights checks for faculty publications that may be good additions to DigitalCommons@WSU and the deposit process.

Approaches To Open Data For Science In Spain, E Wulff-Barreiro

Copyright, Fair Use, Scholarly Communication, etc.

As observational data has attained new legal status, allowing their integration into open Internet systems, and experimental data continues to be assembled in common and free platforms, state of the art, easy to access data repositories have been designed in Spain. These repositories have removed many obstacles to re-utilization of GIS and other data. European legislation has also made advances in opening biodiversity data, including a European space in the Latin-American grid infrastructure. Open access biomedical repositories attract commercial attention while astronomical, meteorological, and oncological institutions promote data quality and access. This paper describes recent approaches to open access data …

Altmetrics: A Manifesto, Jason Priem, Dario Taraborelli, Paul Groth, Cameron Neylon

Copyright, Fair Use, Scholarly Communication, etc.

First paragraph:

No one can read everything. We rely on filters to make sense of the scholarly literature, but the narrow, traditional filters are being swamped. However, the growth of new, online scholarly tools allows us to make new filters; these alt-metrics reflect the broad, rapid impact of scholarship in this burgeoning eco-system. We call for more tools and research based on altmetrics.

Mobilizing User-Generated Content For Canada’S Digital Content Advantage, Samuel E. Trosow, Jacquelyn Burkell, Nick Dyer-Witheford, Pamela J. Mckenzie, Michael B. Mcnally, Caroline Whippey, Lola Wong

Research Day (Arts & Humanities, FIMS, and Education)

The goal of the Mobilizing User-Generated Content for Canada’s Digital Content Advantage project is to define User-Generated Content (UGC) in its current state, identify successful models built for UGC, and anticipate barriers and policy infrastructure needed to sustain a model to leverage the further development of UGC to Canada's advantage.

This poster session is based on the report, Mobilizing User-Generated Content For Canada’s Digital Advantage (http://ir.lib.uwo.ca/fimspub/21/) and is related to the Brown Bag presentation also presented on March 23, 2011 (http://ir.lib.uwo.ca/fimspres/11/).

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Librarian Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry

Librarian Publications

A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Business Roundtable: Patents & Trademarks, Robert Berry

Librarian Publications

An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.

Building A Collaborative Digital Collection: A Necessary Evolution In Libraries, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Law libraries are losing ground in the effort to preserve information in the digital age. In part, this is due declining budgets, user needs, and a caution born from the great responsibility libraries feel to ensure future access instead of selecting a form that may not survive. That caution, though, has caused others, such as Google, to fill the silence with their vision. Libraries must stand and contribute actively to the creation of digital collections if we expect a voice in future discussion. This article presents a vision of the start of a collaborative, digital academic law library, one that …

Another Look At Bill C-32 And The Access Copyright Tariff: Still Double Trouble For Higher Education, Samuel E. Trosow

FIMS Presentations

Earlier this year, the government tabled Bill C-32, proposed amendments to the Copyright Act. Following a consultation process, the Bill is widely recognized as more reasonable than its predecessor, Bill C-61. On the positive side, the bill would expand fair dealing to explicitly include "education". On the other hand, the digital locks provisions of the Bill are fundamentally flawed and override many existing and proposed users rights. Also this year, Access Copyright filed a proposed tariff for the post-secondary education sector with the Copyright Board. The proposal, which includes a drastic increase in costs as well as numerous new reporting …

Collaborative Copyright--Or Copyright Is Not Just A Library Issue, Susanne Clement, Jennifer Duncan, Betty Rozum

Library Faculty & Staff Presentations

Copyright law does not change often; the technology that allows us to use copyrighted works changes all the time. Faculty often assume fair use covers all use of copyrighted material in their classes (both face to face and online) and they become confused and frustrated when they learn of limitations in the electronic environment. Students rarely think about copyright; they are generally unaware of how their actions might infringe the rights of copyright holders or that they themselves might hold these rights in their own works. Librarians have traditionally had some copyright knowledge – after all copyright notices have been …

Using A Cris For E-Infrastructure: E-Infrastructure For Scholarly Publications, E Dijk, M Van Meel

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly publications are a major part of the research infrastructure. One way to make output available is to store the publications in Open Access Repositories (OAR). A Current Research Information System (CRIS) that conforms to the standard CERIF (Common European Research Information Format) could be a key component in the e-infrastructure. A CRIS provides the structure and makes it possible to interoperate the CRIS metadata at every stage of the research cycle. The international DRIVER projects are creating a European repository infrastructure. Knowledge Exchange has launched a project to develop a metadata exchange format for publications between CRIS and OAR …

Cris And Institutional Repositories, A Asserson, K Jeffery

Copyright, Fair Use, Scholarly Communication, etc.

CRIS (Current Research Information Systems) provide researchers, research managers, innovators, and others with a view over the research activity of a domain. IRs (institutional repositories) provide a mechanism for an organisation to showcase through OA (open access) its intellectual property. Increasingly, organizations are mandating that their employed researchers deposit peer-reviewed published material in the IR. Research funders are increasingly mandating that publications be deposited in an open access repository: some mandate a central (or subject-based) repository, some an IR. In parallel, publishers are offering OA but replacing subscription-based access with author (or author institution) payment for publishing. However, many OA …

Government Relations Office And Copyright Committee, Aall Issue Brief 2010-5, Roger V. Skalbeck, Jennifer Wondracek

Digital Preservation Publications

No abstract provided.

Handcrafted Collaborative Copyright, Ann Bartow

Law Faculty Scholarship

Tribute essay to Dean Laura Gasaway's tenacious and fearless information access advocacy.

Grey Literature In Library And Information Studies, Dominic J. Farace, Joachim Schöpfel

Copyright, Fair Use, Scholarly Communication, etc.

CONTENTS

Introduction Grey Literature (Farace and Schöpfel)

Part I – Producing, Processing, and Distributing Grey Literature

Section One: Producing and Publishing Grey Literature

Chapter 1 Grey Publishing and the Information Market: A New Look at Value Chains and Business Models (Roosendaal)

Chapter 2 How to assure the Quality of Grey Literature: the Case of Evaluation Reports (Weber)

Chapter 3 Grey Literature produced and published by Universities: A Case for ETDs (Južni)

Section Two: Collecting and Processing Grey Literature

Chapter 4 Collection building with special Regards to Report Literature (Newbold and Grimshaw)

Chapter 5 Institutional Grey Literature in the University Environment …

Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently

Copyright, Fair Use, Scholarly Communication, etc.

Includes sixteen essays on the origins of copyright.

First paragraph:

What is Copyright History?

History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Digital Rights Management, Fair Use, And Privacy: Problems For Copyright Enforcement Through Technology, Eric A. Robinson

Other Topics

This article discusses the nature of Digital Rights Management (DRM) systems with regard to the problems they pose to traditional exceptions to copyright restrictions. Problems of fair use and the copying of material for preservation are examined in the context of the architecture of digital rights management systems, and the limitations of current DRM systems in accommodating these policies are examined. The monitoring of usage by the licensing modules of these systems is also criticized for its lack of protection of user privacy and the potential chilling of intellectual freedom. Various potential solutions to these are briefly surveyed with a …

Institutional Design And Governance In Microbial Research Commons, Charlotte Hess

Librarian Publications

Presentation slides on institutional design and governance to facilitate a global research commons for microbiology delivered at the International Symposium on Designing the Microbial Research Commons, sponsored by the National Academy of Sciences, Washington, DC, 8-9 October 2009.

Journals' Policies On Compliance With The Nih Public Access Policy, Carolina Population Center, Unc

Copyright, Fair Use, Scholarly Communication, etc.

This resource provides information about select journals' policies related to the NIH Public Access Policy. Many of these journals are based in the social sciences and publish population research articles. Authors who publish in a journal listed below can quickly determine whether the publisher has a policy, who must submit the manuscript and which version to submit to PubMed Central, as well as the embargo period. Journal titles were gathered from the ISI Journals Citation Reports in the subject categories of Demography, Sociology, Economics, and Gerontology. Additional titles were supplied by members of the Association for Population/Family Planning Libraries and …

Open Access To Student-Edited Law Journals, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Copyright And Permissions: Sometimes They're The Same, Kopana Terry

Library Presentations

No abstract provided.

Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown

Law Librarian Scholarship

This chapter introduces the reader to the realm of electronic resource license agreements. It provides the reader with an overview of basic contract law as it relates to electronic resource licensing. The chapter then discusses the electronic resource license negotiation process as well as license agreement term clauses. The aim of this chapter is to provide librarians with an understanding of basic licensing concepts and language in order to aid librarians in the review and negotiation of their own license agreements. The author hopes to impart lessons and tips he has learned in reviewing and negotiating license agreements with a …

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …

Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi

Law Faculty Scholarship

There are synchronistic moments when in the process of writing. While contemplating this article, an email message made its way to my desk, past Pierce Law Center's spam firewall with the following subject line: "Pepsi v. Coke-Tell Us--Get $10." Do IP researchers choose Lexis or Westlaw justified by taste? Surely you jest, some voice said to me. Repressing this message, I proceeded to compare platform content, perform literature searches, and poll students and IP professors.

Yet another synchronistic moment came as the email from those taking the poll steamed into my email. Many IP professors indicated that they made the …

Data Publication In The Open Access Initiative, Jens Klump, Roland Bertelmann, Jan Brase, Michael Diepenbroek, Hannes Grobe, Heinke Höck, Michael Lautenschlager, Uwe Schindler, Irina Sens, Joachim Wächter

Copyright, Fair Use, Scholarly Communication, etc.

The ‘Berlin Declaration’ was published in 2003 as a guideline to policy makers to promote the Internet as a functional instrument for a global scientific knowledge base. Because knowledge is derived from data, the principles of the ‘Berlin Declaration’ should apply to data as well. Today, access to scientific data is hampered by structural deficits in the publication process. Data publication needs to offer authors an incentive to publish data through long-term repositories. Data publication also requires an adequate licence model that protects the intellectual property rights of the author while allowing further use of the data by the scientific …

Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler

Library Faculty Presentations

Student and Faculty Intellectual Property
— Scenarios – What might occur?
— Forms of intellectual property (IP)
— Ownership of faculty IP
— Ownership of student IP
— Rights to use IP:
• RIT-owned
• Student-owned
• External IP
— Scenarios – Discussion of
Using Intellectual Property & Related Tools
— TEACH Act
— Online copyright tutorials & websites
— Turnitin – a plagiarism-detection tool
Handouts
Resources

Trademark Searching Tools And Strategies: Questions For The New Millennium, Jon R. Cavicchi

Law Faculty Scholarship

The intent of this discussion is to raise questions about trademark searching which will be discussed in future issues of IDEA. I will lead you through the questions raised by my journey through primarily legal literature in treatises and periodicals on the Lexis and Westlaw platforms.