Intellectual Property Law Commons^™

Harvestable Metadata Services Development: Analysis Of Use Cases From The World Data System, Robert R. Downs, Alicia Urquidi Díaz, Qi Xu, Juanle Wang, Aude Chambodut, Chuang Liu, Simon Flower, Karen Payne

Copyright, Fair Use, Scholarly Communication, etc.

Minimally, a research data repository exists to make a collection of data assets available to potential users. If a dataset cannot be discovered and found, it cannot be reused (Garnett et al. 2017). Harvestable metadata catalogues are a key strategy for achieving greater global findability of data assets, as they create a surveyable access point to discover data products within large data collections. Such catalogues can be especially effective if they are tailored for interoperability with feature-rich infrastructures (e.g. meta-catalogues, see Kapiszewski & Karcher 2020; CRFCB 2014) that are highly visible and widely used, and also themselves integrated within the …

Article Processing Charges For Open Access Journal Publishing: A Review, Ángel Borrego

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

Some open access (OA) publishers charge authors fees to make their articles freely available online. This paper reviews literature on article processing charges (APCs) that has been published since 2000. Despite praise for diamond OA journals, which charge no fees, most OA articles are published by commercial publishers that charge APCs. Publishers fix APCs depending on the reputation assigned to journals by peers. Evidence shows a relationship between high impact metrics and higher, faster rising APCs. Authors express reluctance about APCs, although this varies by discipline depending on previous experience of paying publication fees and the availability of research …

Defining Open Scholarly Infrastructure: A Review Of Relevant Literature, Saman Goudarzi, Richard Dunks

Copyright, Fair Use, Scholarly Communication, etc.

This report outlines IOI’s initial attempt towards a framework for understanding open infrastructure for research and scholarship. For this report, we examined a body of literature that includes works across the fields of anthropology, scholarly communications, international development studies, science and technology studies, and infrastructure studies. ....

This review also makes clear that the distinguishing feature between open infrastructure and its commercially-run and -operated counterparts is the fact that its value lies not just in its ability to support productive functions but how it fosters positive and desirable social practices and values. It is insufficient to simply assert certain values …

United States Department Of Energy Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (June 2023)

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DOE response to OSTP memo, 2022: Public Access Plan (June 2023)

United States Department Of Energy Public Access Plan, United States Department Of Energy

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This document, the public access plan (the Plan) for the Department of Energy (DOE or Department), including the National Nuclear Security Administration, presents the Department of Energy’s plan for increasing access to the results of the research and development (R&D) it supports in response to the August 25, 2022, Office of Science and Technology Policy (OSTP) Memorandum, “Ensuring Free, Immediate, and Equitable Access to Federally Funded Research”1 and to the previous February 22, 2013, OSTP Memorandum, “Increasing Access to the Results of Federally Funded Scientific Research.”2 This Plan, which supplants the Department’s July 2014 Public Access Plan, was developed by …

The Open Access Journals Toolkit, Alex Mendonça, Andrea Chiarelli, Andy Byers, Andy Nobes, Chris Hartgerink, Clarissa França Dias Carneiro, Elle Malcolmson, Ivonne Lijano, Katie Foxall, Lucia Loffreda, Rebecca Wojturska, Solange Santos, Susan Murray, Tom Olijhoek, Wendy Patterson

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Contents: Getting Started 5 • Scope, aims and focus 5 • Choosing a title for your journal 6 • Types of content accepted 7 • Kick-off and ongoing funding 11 • Disciplinary considerations 16 • Journal setup checklist and timeline 18 • Running a journal 20 • Article selection criteria 20 • Publication frequency and journal issues 23 • Attracting authors 25 • Peer review and quality assurance 27 • The costs of running an online open access journal 31 • Running a journal in a local or regional language 34 • Flipping a journal to open access 36 • …

United States Department Of Agriculture Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (June 2023)

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USDA response to OSTP memo, 2022: Public Access Plan (June 2023)

“That Means Nothing To Me As A Normal Person Who Doesn't Know About Patents”: Usability Testing Of Google Patents And Patent Public Search With Undergraduate Engineering Students, Graham Sherriff, Molly Rogers

Journal of the Patent and Trademark Resource Center Association

Patent searching is an important research tool for undergraduate engineering students, yet it requires special topic knowledge to conduct successfully. Patent database websites have the ability to alleviate or add to the complexity of patent searching, depending on their usability. Prompted by the launch of the US Patent and Trademark Office’s Patent Public Search (PPS) website in early 2022, the authors investigated the usability of PPS and Google Patents. The study's objective was to gain insights into the ways in which the websites of commonly-used patent databases support undergraduate students’ patent searching activities. The study examined students’ performance of typical …

A Case Study Of The Complicated History Of Rice University’S First Patents, Hannah G. Edlund

Journal of the Patent and Trademark Resource Center Association

Digitization and online public databases have made patent searches a much simpler pursuit in recent years. However, uncovering a pre-digital era patent’s history and context remains challenging. A search for the first patents assigned to Rice University highlighted associated issues. Older patent formats often do not clearly indicate inventor-assignee relationships, and applications and official communications are not available online. To determine how Rice came to own three 1948 patents, extensive archival research was required. Were these patents assigned to the University by inventors, independent of its support or funding, or was their work performed at and for Rice, thus obliging …

Security-Enhanced Serial Communications, John White, Alexander Beall, Joseph Maurio, Dane Fichter, Dr. Matthew Davis, Dr. Zachary Birnbaum

Military Cyber Affairs

Industrial Control Systems (ICS) are widely used by critical infrastructure and are ubiquitous in numerous industries including telecommunications, petrochemical, and manufacturing. ICS are at a high risk of cyber attack given their internet accessibility, inherent lack of security, deployment timelines, and criticality. A unique challenge in ICS security is the prevalence of serial communication buses and other non-TCP/IP communications protocols. The communication protocols used within serial buses often lack authentication and integrity protections, leaving them vulnerable to spoofing and replay attacks. The bandwidth constraints and prevalence of legacy hardware in these systems prevent the use of modern message authentication and …

Enhancing The Battleverse: The People’S Liberation Army’S Digital Twin Strategy, Joshua Baughman

Military Cyber Affairs

No abstract provided.

Operationalizing Deterrence By Denial In The Cyber Domain, Gentry Lane

Military Cyber Affairs

No abstract provided.

Name Change Practices, Digital Commons Institutional Repository, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Includes information on practices for starting the process, guidelines for remedy by type of name change, and default practices for change of first/given name for name changes in the University of Nebraska-Lincoln Libraries' Digital Commons institutional repository.

United States National Aeronautics And Space Agency Response To The Office Of Science And Technology Policy Memo, 2022: Public Access (May 2023)

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NASA response to OSTP memo, 2022: Public Access (May 2023)

Improving Nasa’S Earth Satellite And Model Data Discoverability For Interdisciplinary Research, Applications, And Education, Zhong Liu, Chung-Lin Shie, Suhung Shen, James Acker, Angela Li, Jennifer C. Wei, David J. Meyer

Copyright, Fair Use, Scholarly Communication, etc.

Since the Internet era began, numerous earth science data services have been developed to facilitate data discovery (for example, data sources, documents, facts, visualization, opinions) and data access for research and application activities. For example, a large collection of NASA’s earth science data has been made searchable and freely downloadable over the Internet. Some value-added services even allow users to analyze and visualize many variables online (for example, 2,000+ in NASA Giovanni) without downloading data and software.

However, finding and discovering suitable datasets and information for interdisciplinary research (involving two or more scientific disciplines), applications, education, and other emerging activities …

United States Census Bureau Statistical Quality Standards

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United States Census Bureau Statistical Quality Standards (April 19, 2023), the leading source of quality data about the nation's people and economy.

Fair Use Self Defense, Ryland Johnson

All Things Open

Fair Use Self Defense is a meta-workshop that will help you will learn about the application of fair use in an educational setting and will also contextualize the delivery of this information for librarians. We will discuss the basics of fair use and share some fun exercises to help present the fundamentals of copyright law in a fresh way. This presentation aims to open conversation about how copyright best practices are effectively communicated to students and teachers.

Confused About Copyright?, Sara Anne Hook

Graduate Scholarship and Professional Work

No abstract provided.

United States Geological Survey Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (April 2023)

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USGS response to OSTP memo, 2022: Public Access Plan (April 2023)

Ithaka S+R Us Library Survey 2022: Navigating The New Normal, Ioana G. Hulbert

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The Ithaka S+R Library Survey has examined leadership and strategic perspectives in the field by surveying library deans and directors nationally on a triennial basis since 2010. The research project’s overarching goals are to provide the library community with a valuable data source to inform decision making and track the emerging opportunities and challenges leaders face in steering their organizations. In fall 2022, we surveyed library leaders at not-for-profit four-year academic institutions across the United States, with a response rate of 42 percent based on 612 responses.

In this sixth iteration of the project, we continued to track high-level issues …

Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Artificial Intelligence And Copyright Law, Christopher T. Zirpoli

Copyright, Fair Use, Scholarly Communication, etc.

Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other …

Arxiv Annual Report 2022, Cornell Tech

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arXiv is a curated research-sharing platform open to anyone. As a pioneer in open access, arXiv.org now hosts more than 2.1 million scholarly articles in eight subject areas, curated by our strong community of volunteer moderators who balance content quality with distribution speed. arXiv provides an article submission portal, a TeX compilation service, search and discovery tools, web distribution for human readers,API access, machine readable data sets, and community-developed tools. Our emphasis on openness, collaboration, and scholarship provides the strong foundation on which arXiv thrives.

Mission — arXiv is an open platform where researchers can share and discover new, relevant, …

Fog Of War: How The Ukraine Conflict Transformed The Cyber Threat Landscape, Threat Analysis Group (Tag), Mandiant, Google Trust & Safety

Copyright, Fair Use, Scholarly Communication, etc.

One year ago, Russia invaded Ukraine. Since then, tens of thousands of people have been killed, millions of Ukrainians have fled and the country has sustained tens of billions of dollars worth of damage. Importantly, this marks the first time that cyber operations have played such a prominent role in a world conflict.

Since the war began, governments, companies, civil society groups, and countless others have been working around the clock to support the Ukrainian people and their institutions. At Google, we support these efforts and continue to announce new commitments and support to Ukraine. This includes a donation of …

United States National Science Foundation Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (February 2023)

Copyright, Fair Use, Scholarly Communication, etc.

NSF response to OSTP memo, 2022: Public Access Plan (February 2023)

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …

Copyright And Racism, Kimber Thomas

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Slides on copyright and racism by Dr. Kimber Thomas with an emphasis on United States copyright.

Includes points related to the origin of United States copyright law, original authorship and tangibility requirements, creation of works via oral or visual tradition and knowledge, the useful articles exclusion, and works made for hire.

Private Ownership Of Public Facts: Docudramas, Deals, And Life Story Rights, David Fagundes, Jorge L. Contreras

Faculty Articles

From Elizabeth Taylor to Mike Tyson, celebrities have claimed ownership of their personae. But while the right of publicity and other laws give individuals the right to control commercial exploitation of their images, voices, mannerisms and taglines, the law stops short of recognizing a property interest in the events of their lives. On the contrary, the First Amendment protects producers of expressive works when telling non-defamatory stories about real people. The intuition that exists among celebrities and lay persons alike that individuals own their “life stories” has been fueled by the decades-old Hollywood practice of “acquiring” life story rights from …

Rethinking Innovation At Fda, Rachel Sachs, W. Nicholson Price Ii, Patricia J. Zettler

Scholarship@WashULaw

In several controversial drug approval decisions in recent years, the Food & Drug Administration (FDA) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the agency has come to make many innovation-related judgments as part of …

United States Department Of Labor Scientific Integrity Policy

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United States Department of Labor Scientific Integrity Policy