Intellectual Property Law Commons^™

Keeping Up To Date With Ip News Services And Blogs: Drowning In A Sea Of Sameness?, Jon R. Cavicchi

Law Faculty Scholarship

It seems like so many IP related Websites you visit invite you to join their free email list to keep you up to date. Sources span a wide spectrum including governmental organizations, non-governmental organizations, educational institutions, consulting services, law firms, commercial publishers and more. These sources span the spectrum from free, to low fee to premium pricing. With all of this information overload and choices, how do you differentiate and choose news sources?

The goals of this article are twofold. Goal one is to present a survey of types and categories of IP news tools available to IP researchers. Since …

Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi

Law Faculty Scholarship

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and …

Legal Protocols And Practices For Managing Copyright In Electronic Theses, Mark Perry, Paula Callan

Law Publications

At Queensland University of Technology (QUT) in Brisbane Australia, PhD and Masters by Research candidates are required to deposit both print and digital copies of their theses and dissertations. The fulltext of these digital theses is then made freely available online via the Australian Digital Thesis (ADT) collection. Management of copyright issues has been a major headache and workload problem for the Library: there are many parties involved in the deposit process, and the lack of a common understanding about the rights and responsibilities of the various stakeholders has made the process very complex and time consuming. The response of …

Bound By Law? Trapped In A Struggle She Didn't Understand, By Day A Filmmaker, By Night She Fought For Fair Use! [Tales From The Public Domain], Keith Aoki, James Boyle, Jennifer Jenkins

Copyright, Fair Use, Scholarly Communication, etc.

A graphic novel about fair use with respect to United States copyright law.

Synopsis:

A documentary is being filmed. A cell phone rings, playing the "Rocky" theme song. The filmmaker is told she must pay $10,000 to clear the rights for the song. Can this be true? "Eyes on the Prize," the great civil rights documentary, was pulled from circulation because the filmmakers' rights to music and footage had expired.

What's going on here? It's the collision of documentary filmmaking and intellectual property law, and it's the inspiration for this comic book. Follow its heroine Akika as she films her …

Intelligent Resource Discovery Using Ontologybased Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran

Copyright, Fair Use, Scholarly Communication, etc.

Successful resource discovery across heterogeneous repositories is highly dependent on the semantic and syntactic homogeneity of the associated resource descriptions in each repository. Ideally, consistent resource descriptions are easily extracted from each repository, expressed using standard syntactic and semantic structures, and managed and accessed within a distributed, flexible, and scalable software framework. In practice however, seldom do all three of these elements exist. To help address this situation, the Object Oriented Data Technology (OODT) project at the Jet Propulsion Laboratory has developed an extensible, standards-based resource description scheme that provides the necessary description and management facilities for the discovery of …

Intelligent Resource Discovery Using Ontology-Based Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran

Copyright, Fair Use, Scholarly Communication, etc.

Successful resource discovery across heterogeneous repositories is highly dependent on the semantic and syntactic homogeneity of the associated resource descriptions in each repository. Ideally, consistent resource descriptions are easily extracted from each repository, expressed using standard syntactic and semantic structures, and managed and accessed within a distributed, flexible, and scalable software framework. In practice however, seldom do all three of these elements exist. To help address this situation, the Object Oriented Data Technology (OODT) project at the Jet Propulsion Laboratory has developed an extensible, standards-based resource description scheme that provides the necessary description and management facilities for the discovery of …

Open Access Bibliography: Liberating Scholarly Literature With E-Prints And Open Access Journals, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Scope of the Bibliography

The Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals presents over 1,300 selected English-language books, conference papers (including some digital video presentations), debates, editorials, e-prints, journal and magazine articles, news articles, technical reports, and other printed and electronic sources that are useful in understanding the open access movement’s efforts to provide free access to and unfettered use of scholarly literature. Most sources have been published between 1999 and August 31, 2004; however, a limited number of key sources published prior to 1999 are also included. Where possible, links are provided to sources …

Towards A Continuum Of Scholarship: The Eventual Collapse Of The Distinction Between Grey And Non-Grey Literature, Marcus A. Banks

Copyright, Fair Use, Scholarly Communication, etc.

Abstract (from University of Arizona Campus Repository)

This paper argues that the distinction between grey and non-grey (or white) literature will become less relevant over time, as online discovery options proliferate. In the meantime, the political success of the open access publishing movement has valuable lessons for proponents of increasing access to grey literature.

Copyright And Fair Use In Law Office Libraries, James S. Heller

Library Staff Publications

No abstract provided.

Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford

Faculty Publications

Mr Alford analyzes license agreements for electronic resources and suggests certain negotiation points to consider when entering into such an agreement. He begins by describing the results of a survey of law librarians about their preparation for and techniques used when negotiating electronic license agreements and the legal strategies used by publishers to support the licensing of electronic information. After reviewing selected principles of licensing issued by library associations and several standardized electronic license agreements, he identifies provisions in a typical agreement that should concern libraries and suggests certain arguments to use in negotiating terms more favorable to the library.

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

All Faculty Scholarship

In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of the …

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Ucita Enacted In Virginia, Sarah K. Wiant

Scholarly Articles

No abstract provided.

The Digital Millennium Copyright Act And Library Liability, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller

Library Staff Publications

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary

Copyright, Fair Use, Scholarly Communication, etc.

The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

The DMCA is divided into five titles:

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain …

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

The Impact Of Recent Litigation On Interlibrary Loan And Document Delivery, James S. Heller

Faculty Publications

Professor Heller discusses how two recent federal copyright law decisions, Campbell v. Acuff-Rose Music in the United States Supreme Court and American Geophysical Union v. Texaco in the Second Circuit, may affect the interlibrary loan and document delivery services provided by libraries.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Copyright And Fee-Based Copying Services, James S. Heller

Library Staff Publications

No abstract provided.

Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller

Faculty Publications

No abstract provided.

Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Copyright Law And Library Photocopying: Striking A Balance Between Profit Incentive And The Free Dissemination Of Research Information, Jon Vander Ploeg

Indiana Law Journal

No abstract provided.