Intellectual Property Law Commons^™

Books Without Barriers: A Practical Guide To Inclusive Publishing, Julie Ganner, Agata Mrva-Montoya, Maryanne Park, Kayt Duncan

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The accessibility of a publication depends on how suitable and easily adaptable it is to the different ways in which people read. Publications that meet the needs of people with print disability are inclusive because they offer an equitable reading experience to all readers, irrespective of how the person accesses the content.

Print disability¹ occurs as a result of the interaction between people living with temporary or permanent health conditions and the barriers to reading they may experience when content is made available in print form only. Print disability can be:

• visual (including blindness, low vision and medical …

The ‘Hijacking’ Of The Scandinavian Journal Of Information Systems: Implications For The Information Systems Community [Opinion], Sune Dueholm Müller, Johan Ivar Sæbø

Copyright, Fair Use, Scholarly Communication, etc.

Journal hijacking, which refers to the attempted brand takeover of a journal by a third party, is a nascent threat confronting the information systems (IS) community, as evidenced by cybercriminals having established an online presence, masquerading as the Scandinavian Journal of Information Systems (SJIS). The SJIS hijacking damages the journal's reputation, leads to payment and publication scams, involves identity theft among unsuspecting IS researchers, and results in tarnished author reputations. Beyond SJIS, journal hijacking presents a threat, not only to the IS community, but also to science and academic integrity in general if researchers and readers cannot distinguish between fake …

United States Framework For Federal Scientific Integrity Policy And Practice

Copyright, Fair Use, Scholarly Communication, etc.

United States Framework for Federal Scientific Integrity Policy and Practice

Indigenous Peoples' Rights In Data: A Contribution Toward Indigenous Research Sovereignty, Maui Hudson, Stephanie Russo Carroll, Jane Anderson, Darrah Blackwater, Felina M. Cordova-Marks, Jewel Cummins, Dominique David-Chavez, Adam Fernandez, Ibrahim Garba, Danielle Hiraldo, Mary Beth Jäger, Lydia Jennings, Andrew Martinez, Rogena Sterling, Jennifer D. Walker, Robyn K. Rowe

Copyright, Fair Use, Scholarly Communication, etc.

Indigenous Peoples' right to sovereignty forms the foundation for advocacy and actions toward greater Indigenous self-determination and control across a range of domains that impact Indigenous Peoples' communities and cultures. Declarations for sovereignty are rising throughout Indigenous communities and across diverse fields, including Network Sovereignty, Food Sovereignty, Energy Sovereignty, and Data Sovereignty. Indigenous Research Sovereignty draws in the sovereignty discourse of these initiatives to consider their applications to the broader research ecosystem. Our exploration of Indigenous Research Sovereignty, or Indigenous self-determination in the context of research activities, has been focused on the relationship between Indigenous Data Sovereignty and efforts to …

Scholarly Communication Librarianship And Open Knowledge, Maria Bonn, Josh Bolick, Will Cross

Copyright, Fair Use, Scholarly Communication, etc.

Covers the parameters and dimesions of scholarly communication in the context of open scholarship.

Contents

Preface: Access is praxis, Christopher Hollister and Micah Vandegrift

Foreword: Scholcomm is rad, Maria Bonn, Josh Bolick, and Will Cross

Part I: What is scholarly communication?

Basics and Definitions: Scholcomm is…, Josh Bolick with Maria Bonn and Will Cross

The economic context: Scholcomm is money, Maria Bonn with Will Cross and Josh Bolick

The technological context: Scholcomm is format, Will Cross with Josh Bolick and Maria Bonn

The social context: Scholcomm is people, Josh Bolick with Maria Bonn and Will Cross

The legal and policy …

Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"

Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf

Copyright, Fair Use, Scholarly Communication, etc.

French Résultats principaux

Coûts 2020

• Dépenses d'abonnement aux périodiques électroniques en 2020: 87,5 M€
• Coûts des APC en 2020: 30,1 M€

Coûts prédits sous l'hypothèse d'une évolution à l'identique des tendances observées:

• Dépenses d'abonnement aux périodiques électroniques en 2030: 97,5 M€
• Coûts des APC en 2030: 50,6 M€

Coûts prédits dans un scenario d'accélération vers le gold OA:

• Coûts des APC en 2030: 68,7 M€

Coûts prédits dans un scenario de hausse du libre accès green et transition du libre accès hybride vers gold:

• Coûts des APC en 2030: 38,5 M€

Coûts prédits pour 90% d'articles d'auteurs correspondants affiliés en …

Data Quality Assurance At Research Data Repositories, Maxi Kindling, Dorothea Strecker

Copyright, Fair Use, Scholarly Communication, etc.

This paper presents findings from a survey on the status quo of data quality assurance practices at research data repositories.

The personalised online survey was conducted among repositories indexed in re3data in 2021. It covered the scope of the repository, types of data quality assessment, quality criteria, responsibilities, details of the review process, and data quality information and yielded 332 complete responses.

The results demonstrate that most repositories perform data quality assurance measures, and overall, research data repositories significantly contribute to data quality. Quality assurance at research data repositories is multifaceted and nonlinear, and although there are some common patterns, …

The Impact Of Library Publishing Through The Lens Of The United Nations Sustainable Development Goals, Marie O'Neill

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

As library publishing programmes expand around the world, reports and research pertaining to standards and workflows have proliferated. This paper calls for library publishing programmes to explore the impact of their pogrammes at local, national and international level in relation to their contribution to open access publishing, EDI agendas and the United Nations Sustainable Development Goals. The presentation highlights the UN's SDG Publishers Compact and argues that the SDGs are an ideal lens through which library publishers could examine their impact as library publishers have a strong publishing record in areas such as gender, education and climate as examples.

Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Included:

● Public access background and context

● Summary of the 2022 OSTP Memorandum

● Clarification about the scope of the 2022 OSTP Memorandum

● Timeline for agency adoption of the 2022 OSTP Memorandum

● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)

● Questions and answers

Path Choice Of Algorithm Intellectual Property Protection, Yulu Jin, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms:it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly …

The Emerging Digital Infrastructure For Research In The Humanities, Donald J. Waters

Copyright, Fair Use, Scholarly Communication, etc.

This article advances the thesis that three decades of investments by national and international funders, combined with those of scholars, technologists, librarians, archivists, and their institutions, have resulted in a digital infrastructure in the humanities that is now capable of supporting end-to-end research workflows. The article refers to key developments in the epigraphy and paleography of the premodern period. It draws primarily on work in classical studies but also highlights related work in the adjacent disciplines of Egyptology, ancient Near East studies, and medieval studies. The argument makes a case that much has been achieved but it does not declare …

The Global Publishing Industry In 2021, World Intellectual Property Organization

Copyright, Fair Use, Scholarly Communication, etc.

Mixed forces shaped global publishing activity in 2021. The spread of different COVID-19 variants throughout the world still caused hardship and widespread social distancing. At the same time, the rollout of vaccines helped to contain the pandemic’s impact and enabled a recovery of the global economy, which grew by around 6 percent in 2021. The preliminary release of data from WIPO’s global survey of publishing activity shows that recovery extended to the publishing industry. Still, industry performance varies by country, reflecting the nature of book markets and other local economic forces.

The highest number of books published and deposited in …

White House Office Of Science And Technology (Ostp) Updated Its U.S. Public Access Policy Guidance (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

White House Office of Science and Technology (OSTP) updated its U.S. public access policy guidance (August 25, 2022)

Memorandum For The Heads Of Executive Departments And Agencies, August 25, 2022: Ensuring Free, Immediate, And Equitable Access To Federally Funded Research, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

This memorandum provides policy guidance to federal agencies with research and development expenditures on updating their public access policies. In accordance with this memorandum, OSTP recommends that federal agencies, to the extent consistent with applicable law:

1. Update their public access policies as soon as possible, and no later than December 31, 2025, to make publications and their supporting data resulting from federally funded research publicly accessible without an embargo on their free and public release;

2. Establish transparent procedures that ensure scientific and research integrity is maintained in public access policies; and,

3. Coordinate with OSTP to ensure equitable …

Strategies Used In Translating The Fantastic Events In Venus Dari Kota Ille, Ria Rizkya, Arif Budiman

International Review of Humanities Studies

The fantastic (le fantastique) is a literary genre that originated from France, which has a specific characteristic of an ambiguous event that cannot be found in other literary works from other countries that introduce similar genres. This study discusses the translation strategies used to translate these fantastic events in Venus dari Kota Ille, the Indonesian translation version of the fantastic story of La Vénus d'Ille by Mérimée (1837). The objective of this research is to see what strategies the translator use in translating the fantastic events that are present in the French version that contained uncanny elements and whether these …

Ptrc Customer Assessment Survey And Best Practices, John Schlipp, Christian Sheehy

Journal of the Patent and Trademark Resource Center Association

Assessment of customer activities in academic, public, and special libraries demonstrates their impact and value to library administrators and constituents. In turn, this assists in securing and maintaining advocacy and financial support. Although many formal and informal assessment best practices have evolved to measure the quantitative and qualitative impact of information literacy instruction, few if any best practices have been established to measure impact specific to Patent & Trademark Resource Center (PTRC) customers. This article reviews the results of a survey of PTRC Libraries and their customer assessment practices. Such analysis reveals best practices for other PTRCs to build upon …

Academic Brands And Cognitive Dissonance, Mark Bartholomew

Contributions to Books

Published as Chapter 7 in Academic Brands: Distinction in Global Higher Education (Mario Biagioli & Madhavi Sunder, eds., Cambridge University Press, 2022).

It is hard to reconcile the research university’s supposed reason for being – the reasoned pursuit of knowledge – with its methods for building brand awareness and equity. Just like pitches for other luxury goods, the selling of higher education depends on irrational appeals devoid of information and marketing missives meant to hug the line between legally protected puffery and outright fraud. Although universities have always borrowed from the selling strategies of the commercial sphere, in recent years, …

Patents And Market Research: Librarians Partnering To Assist Bioengineering Senior Design Teams, Jennifer L. Groff, Meredith Futral

Journal of the Patent and Trademark Resource Center Association

Clemson’s business and engineering librarians have partnered to create a two-step, efficient process to assist Bioengineering Senior Design students in understanding patents and patent searching and market research. Clemson University’s required two-semester Bioengineering Senior Design program matches teams of students with regional clinicians to develop biomedical devices that they research, design, prototype, and test. In the first semester of the program, in which the business and engineering librarians are involved, students take BioE4010-Bioengineering Design Theory. BioE4010 is offered in both the Fall and Spring semesters, but enrollment is significantly higher in the fall. For example, in the Fall of 2021 …

Ithaka S+R Us Faculty Survey 2021, Melissa Blankstein

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R US Faculty Survey has tracked the changing research, teaching, and publishing practices of faculty members within higher education triennially since early digital transformation at the turn of the century. This project has aimed to provide actionable findings to help colleges and universities, among other relevant stakeholders such as academic libraries, learned societies, and scholarly publishers, make evidence-based decisions for their planning and strategy. Against the backdrop of the global pandemic and its numerous impacts to many different facets of higher education, this eighth cycle of the survey once again queried faculty nationally on topics such as scholarly …

Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith

Buffalo Law Review

From comic conventions to disbanded dioceses, courts continue to struggle with a unique but puzzling question of trademark law. Federal law protects certain terms that refer to a product or service from a specific producer instead of to a product generally. Terms that refer to products are considered generic and cannot receive protection. Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. But, many marks were adopted decades or centuries ago. As a result, …

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Penn State Journal of Law & International Affairs (2012 - Present)

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory …

Paper Mills Research Report [English], Committee On Publication Ethics, Stm

Copyright, Fair Use, Scholarly Communication, etc.

Executive summary

The subject of paper mills is currently being widely discussed by many stakeholders across the research publishing landscape. This report aims to give an overview of this topic, to explain how paper mills work, why they work and what we can collectively do about it. We have also undertaken a study of data submitted from a variety of investigations by leading publishers to get a sense of the scale of the problem. This paper concludes that the submission of suspected fake research papers, also often associated with fake authorship, is growing and threatens to overwhelm the editorial processes …

Defensive Industrial Policy: Cybersecurity Interventions To Reduce Intellectual Property Theft, Dr. Chad Dacus, Dr. Carl (Cj) Horn

Military Cyber Affairs

Through cyber-enabled industrial espionage, China has appropriated what Keith Alexander, the former Director of the National Security Agency, dubbed “the largest transfer of wealth in history.” Although China disavows intellectual property (IP) theft by its citizens and has set self-sustained research and development as an important goal, it is unrealistic to believe IP theft will slow down meaningfully without changing China’s decision calculus. China and the United States have twice agreed, in principle, to respect one another’s IP rights. However, these agreements have lacked any real enforcement mechanism, so the United States must do more to ensure its IP is …

University Of Washington Faculty Senate Resolution Regarding Support For The Uw Libraries’ Principles In Licensing Scholarly Resources

Copyright, Fair Use, Scholarly Communication, etc.

WHEREAS, a healthy and sustainable scholarly ecosystem is one where knowledge is openly discoverable and openly shared, where there is a diversity of options for researchers to publish and disseminate their work, and where investments made by the University prioritize advancing broader impacts of research and teaching for the public good; therefore BE IT RESOLVED, that the UW Faculty Senate endorses the UW Libraries principles in licensing scholarly resources as follows:

SUSTAINABILITY:

ACCESS AND EQUITY:

SUPPORT OF SCHOLARSHIP AND TEACHING:

(Includes FAQ)

When Your Data Is My Grandparents Singing: Digitisation And Access For Cultural Records, The Pacific And Regional Archive For Digital Sources In Endangered Cultures (Paradisec), Nick Thieberger, Amanda Harris

Copyright, Fair Use, Scholarly Communication, etc.

In this paper we discuss the Pacific and Regional Archive for Digital Sources in Endangered Cultures (PARADISEC), a research repository that explicitly aims to act as a conduit for research outputs to a range of audiences, both within and outside of academia. PARADISEC has been operating for 19 years, and has grown to hold over 390,000 files currently totaling 150 terabytes and representing 1,312 languages, many of them from Papua New Guinea and the Pacific. Our focus is on recordings and transcripts in the many small languages of the world, the songs and stories that are unique cultural expressions. While …

Reimagine Descriptive Workflows: A Community-Informed Agenda For Reparative And Inclusive Descriptive Practice, Rachel L. Frick, Merrilee Proffitt

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The Reimagine Descriptive Workflows project convened a group of experts, practitioners, and community members to determine ways of improving descriptive practices, tools, infrastructure, and workflows in libraries and archives. The result, this community agenda, is offered to the broad library and archives community of practice. The agenda draws together insights from the convening, related research, and operational work that is ongoing in the field. All institutions hold power to make meaningful changes in this space, and all share collective responsibility.

The agenda is not a “how-to guide,” but it is constructed to instruct and chart a path toward …

Global Community Guidelines For Documenting, Sharing, And Reusing Quality Information Of Individual Digital Datasets, Ge Peng, Carlo Lacagnina, Robert R. Downs, Anette Ganske, Hampapuram K. Ramapriyan, Ivana Ivánová, Lesley Wyborn, Dave Jones, Lucy Bastin, Chung-Lin Shie, David F. Moroni

Copyright, Fair Use, Scholarly Communication, etc.

Open-source science builds on open and free resources that include data, metadata, software, and workflows. Informed decisions on whether and how to (re)use digital datasets are dependent on an understanding about the quality of the underpinning data and relevant information. However, quality information, being difficult to curate and often context specific, is currently not readily available for sharing within and across disciplines. To help address this challenge and promote the creation and (re) use of freely and openly shared information about the quality of individual datasets, members of several groups around the world have undertaken an effort to develop international …

Recommendations For Discipline-Specific Fairness Evaluation Derived From Applying An Ensemble Of Evaluation Tools, Karsten Peters-Von Gehlen, Heinke Höck, Andrej Fast, Daniel Heydebreck, Andrea Lammert, Hannes Thiemann

Copyright, Fair Use, Scholarly Communication, etc.

From a research data repositories’ perspective, offering research data management services in line with the FAIR principles is becoming increasingly important. However, there exists no globally established and trusted approach to evaluate FAIRness to date. Here, we apply five different available FAIRness evaluation approaches to selected data archived in the World Data Center for Climate (WDCC). Two approaches are purely automatic, two approaches are purely manual and one approach applies a hybrid method (manual and automatic combined).

The results of our evaluation show an overall mean FAIR score of WDCC-archived (meta) data of 0.67 of 1, with a range of …