Intellectual Property Law Commons^™

Federal Investigation Agency Against The Crime Of Book Piracy In Pakistan, Ghalib Khan Dr., Sobia Bashir, Faisal Shahzad, Saeed Ullah Jan Dr

Library Philosophy and Practice (e-journal)

The Federal Investigation Agency (FIA) is a counter-intelligence, criminal investigation and security agency of the Islamic Republic of Pakistan which was established in 1975. The Economic Crime Wing (ECW) of the FIA has the mandate to protect the Intellectual Property Rights (IPR) of the people of Pakistan. The main objective of this study is to investigate the role of FIA against the crime of book piracy in Pakistan. To achieve this objective, data was collected from the annual administration reports of FIA. The study found that FIA has been playing a vital role against the crime of book piracy …

The Oa Diamond Journals Study, Part 2: Recommendations, Arianna Becerril, Lars Bjørnshauge, Jeroen Bosman, Jan Erik Frantsvåg, Bianca Kramer, Pierre-Carl Langlais, Vanessa Proudman, Claire Redhead, Didier Torny, Pierre Mounier

Copyright, Fair Use, Scholarly Communication, etc.

Science Europe and cOAlition S publish an in-depth report and recommendations arising from a study of community-driven Open Access journals across the world that are free for readers and authors, usually referred to as 'OA diamond journals'.

The study examines the areas that are critical for OA diamond journals, from legal structures and governance to technical capabilities, editorial processes, and funding models. The recommendations made in the report are designed to help research funding organisations, institutions, scholarly societies, and infrastructures sustainably strengthen OA diamond journals in the context of Open Science.

The study was commissioned by cOAlition S and funded …

Code Of Best Practices In Fair Use For Open Educational Resources: A Guide For Authors, Adapters & Adopters Of Openly Licensed Teaching And Learning Materials, Meredith Jacob, Peter Jaszi, Prudence S. Adler, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

This code of best practices includes descriptions, hard cases, principles, and considerations for fair uses of materials in open educational resources with respect to United States copyright law, and with some discussion of copyright outside the United States context.

Open Educational Resources and Fair Use

Educators, librarians, and institutions have invested in the creation of openly licensed, freely distributed open educational resources (OER) to advance a wide range of goals within the educational system. Open educational resources enable flexible and open pedagogy; increase access to authorship and facilitate representation of different student experiences; and increase equity by reducing the barriers …

From Conceptualization To Implementation: Fair Assessment Of Research Data Objects, Anusuriya Devaraju, Mustapha Mokrane, Linas Cepinskas, Robert Huber, Patricia Herterich, Jerry De Vries, Vesa Akerman, Hervé L’Hours, Joy Davidson, Michael Diepenbroek

Copyright, Fair Use, Scholarly Communication, etc.

Funders and policy makers have strongly recommended the uptake of the FAIR principles in scientific data management. Several initiatives are working on the implementation of the principles and standardized applications to systematically evaluate data FAIRness. This paper presents practical solutions, namely metrics and tools, developed by the FAIRsFAIR project to pilot the FAIR assessment of research data objects in trustworthy data repositories. The metrics are mainly built on the indicators developed by the RDA FAIR Data Maturity Model Working Group. The tools’ design and evaluation followed an iterative process. We present two applications of the metrics: an awareness-raising self-assessment tool …

A Review Of Open Research Data Policies And Practices In China, Lili Zhang, Robert R. Downs, Jianhui Li, Liangming Wen, Chengzan Li

Copyright, Fair Use, Scholarly Communication, etc.

This paper initially conducts a literature review and content analysis of the open research data policies in China. Next, a series of exemplars describe data practices to promote and enable the use of open research data, including open data practices in research programs, data repositories, data journals, and citizen science. Moreover, the top four driving forces are identified and analyzed along with their responsible guiding work. In addition, the “landscape of open research data ecology in China” is derived from the literature review and from observations of actual cases, where the interaction and mutual development of data policies, data programs, …

Library Of Congress [Docket No. 2021-1] Announcement Of Copyright Public Modernization Committee, Carla D. Hayden

Copyright, Fair Use, Scholarly Communication, etc.

Action: Notice of convening of IT modernization public stakeholder committee.

Summary: The Library of Congress is convening a public committee to enhance communication and provide a public forum for the technology-related aspects of the U.S. Copyright Office's modernization initiative. At this time, the Library is announcing that it will accept applications from qualified members of the public to serve on this committee. The scope of contributions made by the committee are limited to the specific topics set forth in this notice. Membership will be on a volunteer basis, with the expectation of in-person or virtual participation at two open forums …

Improving Opportunities For New Value Of Open Data: Assessing And Certifying Research Data Repositories, Robert R. Downs

Copyright, Fair Use, Scholarly Communication, etc.

Investments in research that produce scientific and scholarly data can be leveraged by enabling the resulting research data products and services to be used by broader communities and for new purposes, extending reuse beyond the initial users and purposes for which the data were originally collected. Submitting research data to a data repository offers opportunities for the data to be used in the future, providing ways for new benefits to be realized from data reuse. Improvements to data repositories that facilitate new uses of data increase the potential for data reuse and for gains in the value of open data …

Creating An Open Works Workshop, Jenelys Cox, Nicolas Parés

University Libraries: Staff Scholarship

Learn how to use Creative Commons licensing, choose a hosting platform, and remix open resources. This workshop explores open resource repositories, examines Creative Commons licenses, remixes materials into a group creative work, and walks participants through considerations when hosting works. This workshop supplies valuable, hands-on experience for participants.

Intellectual Property As A Determinant Of Health, Ana Santos Rutschman

All Faculty Scholarship

Public health literature has long recognized the existence of determinants of health, a set of socio-economic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …

Introducing The Copyright Anxiety Scale, Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu

Copyright, Fair Use, Scholarly Communication, etc.

Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with …

An Analysis Of Use And Performance Data Aggregated From 35 Institutional Repositories, Kenning Arlitsch, Jonathan Wheeler, Minh Thi Ngoc Pham, Nikolaus Nova Parulian

Copyright, Fair Use, Scholarly Communication, etc.

Purpose – This study demonstrates that aggregated data from the Repository Analytics and Metrics Portal (RAMP) have significant potential to analyze visibility and use of institutional repositories (IR) as well as potential factors affecting their use, including repository size, platform, content, device and global location. The RAMP dataset is unique and public.

Design/methodology/approach – The webometrics methodology was followed to aggregate and analyze use and performance data from 35 institutional repositories in seven countries that were registered with the RAMP for a five-month period in 2019. The RAMP aggregates Google Search Console (GSC) data to show IR items that surfaced …

Compendium Of U.S. Copyright Office Practices, Third Edition, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

The Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium” or “Third Edition”) is the administrative manual of the Register of Copyrights concerning Title 17 of the United States Code and Chapter 37 of the Code of Federal Regulations. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law.

The Compendium documents and explains the many technical requirements, regulations, and legal interpretations of the U.S. Copyright Office with a primary focus on the registration …

The Role Of Institutional Repositories In Advancing Open Scholarship: A Case Study From The United Arab Emirates University, Amina Itani, Linda Östlundh

Copyright, Fair Use, Scholarly Communication, etc.

The digitization of theses and dissertations at the United Arab Emirates University (UAEU) began five years ago with the Digital Commons institutional repository (IR) platform, ScholarWorks, employed for the purpose. The project, initiated by the University Library, exemplifies how academic libraries can take the lead in advocating for digital preservation and open access publishing of institutional research materials. This case study describes how the library’s Electronic Theses and Dissertations (ETD) initiative has provided an excellent model to the UAEU for it to start disseminating its research output and how the library’s copyright and open access policies have been crucial for …

Unesco Recommendation On Open Science

Copyright, Fair Use, Scholarly Communication, etc.

1. The aim of this Recommendation is to provide an international framework for open science policy and practice that recognizes disciplinary and regional differences in open science perspectives, takes into account academic freedom, gender-transformative approaches and the specific challenges of scientists and other open science actors in different countries and in particular in developing countries, and contributes to reducing the digital, technological and knowledge divides existing between and within countries.

2. This Recommendation outlines a common definition, shared values, principles and standards for open science at the international level and proposes a set of actions conducive to a fair and …

The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Since its inception, Copyright has had two purposes: the private interest of the author in being paid for her work and the public interest served by the dissemination of these works. Within the last two decades, though, some industries have systematically undermined both of those interests, redirecting the benefits of copyright towards themselves instead of the intended beneficiaries. This paper looks at the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction.

Current Market Rates For Scholarly Publishing Services, Alexander Grossman, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

For decades, the supra-inflation increase of subscription prices for scholarly journals has concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, the prices for open access publishing are also high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the …

Academic Libraries And Open Access Books In Europe: A Landscape Study, Agata Morka, Rupert Gatti

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The last fifteen years have witnessed the emergence of a new role for academic libraries. Besides fulfilling their fundamental task of providing access to knowledge, besides being called everything from temples of knowledge to disturbing heterotopias, libraries have become one of the crucial stakeholders in the open access book publishing space. They act as funders for OA book fees, they support collaborative funding schemes, and sometimes they assume the role of publishers themselves.

In an attempt to create a sustainable publishing environment, in which OA books could blossom, it is therefore necessary to gain a sound understanding of …

Scite: A Smart Citation Index That Displays The Context Of Citations And Classifies Their Intent Using Deep Learning, Josh M. Nicholson, Milo Mordaunt, Patrice Lopez, Ashish Uppala, Domenic Rosati, Neves P. Rodrigues, Peter Grabitz, Sean C. Rife

Copyright, Fair Use, Scholarly Communication, etc.

Citation indices are tools used by the academic community for research and research evaluation that aggregate scientific literature output and measure impact by collating citation counts. Citation indices help measure the interconnections between scientific papers but fall short because they fail to communicate contextual information about a citation. The use of citations in research evaluation without consideration of context can be problematic because a citation that presents contrasting evidence to a paper is treated the same as a citation that presents supporting evidence. To solve this problem, we have used machine learning, traditional document ingestion methods, and a network of …

Operationalizing The Care And Fair Principles For Indigenous Data Futures, Stephanie Russo Carroll, Edit Herzog, Maui Hudson, Keith Russell, Shelley Stall

Copyright, Fair Use, Scholarly Communication, etc.

As big data, open data, and open science advance to increase access to complex and large datasets for innovation, discovery, and decision-making, Indigenous Peoples’ rights to control and access their data within these data environments remain limited. Operationalizing the FAIR Principles for scientific data with the CARE Principles for Indigenous Data Governance enhances machine actionability and brings people and purpose to the fore to resolve Indigenous Peoples’ rights to and interests in their data across the data lifecycle.

The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton

Seattle Journal of Technology, Environmental, & Innovation Law

As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …

Role Of A Croatian National Repository Infrastructure In Promotion And Support Of Research Data Management, Kristina Posavec, Draženko Celjak, Ljiljana Jertec Musap

Copyright, Fair Use, Scholarly Communication, etc.

The paper will give an overview of national infrastructure for digital repositories, Digital Academic Archives and Repositories (DABAR), and its role as technology steward in raising awareness about research data management (RDM) and promoting good practices in the Croatian A&R community. The University of Zagreb, University Computing Centre (SRCE) is providing national infrastructure DABAR suitable for storing and dissemination of different types of digital objects. Through DABAR, all Croatian higher education and research institutions can establish their digital repository. A strong collaboration between SRCEs DABAR team and institutions repository managers has proven to be important in the process of disseminating …

Implementing The Rda Research Data Policy Framework In Slovenian Scientific Journals, Janez Štebe, Maja Dolinar, Sonja Bezjak, Ana Inkret

Copyright, Fair Use, Scholarly Communication, etc.

The paper aims to present the implementation of the RDA research data policy framework in Slovenian scientific journals within the project RDA Node Slovenia. The activity aimed to implement the practice of data sharing and data citation in Slovenian scientific journals and was based on internationally renowned practices and policies, particularly the Research Data Policy Framework of the RDA Data Policy Standardization and Implementation Interest Group. Following this, the RDA Node Slovenia coordination prepared a guidance document that allowed the four pilot participating journals (from fields of archaeology, history, linguistics and social sciences) to adjust their journal policies regarding data …

Open Access: “Information Wants To Be Free”?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

The main points made in this document:

- Internet mantras like information wants to be free misled OA advocates about what is possible in an online world. Amongst other things, these mantras led to the mistaken belief that publishing would be very much cheaper on the internet.

- BOAI was intended to achieve three things: to resolve the longstanding problems of affordability, accessibility, and equity that have long dogged scholarly communication.

- It now seems unlikely that the affordability and equity problems will be resolved, which will impact disproportionately negatively on those in the Global South. And if the geopolitical …

Economic Analyses Of Federal Scientific Collections: Methods For Documenting Costs And Benefits, David E. Schindel, Economic Study Group Of The Interagency Working Group On Scientific Collections

Copyright, Fair Use, Scholarly Communication, etc.

Federal object-based scientific collections have been created to serve agency missions and, in a few cases, to comply with legislative and regulatory mandates. “Project collections” (those managed by the researchers who obtained them for restricted use) and their costs and benefits were considered too varied for standard methodologies that assess costs and benefits. In a few cases, departments and agencies are required by legislation or regulations to retain objects in long-term “institutional collections.” In most cases, decisions to retain objects are based on long-term costs relative to the perceived potential for benefits to taxpayers. Federal collections vary in their philosophies …

The Care Principles For Indigenous Data Governance, Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, Maui Hudson

Copyright, Fair Use, Scholarly Communication, etc.

Concerns about secondary use of data and limited opportunities for benefit-sharing have focused attention on the tension that Indigenous communities feel between (1) protecting Indigenous rights and interests in Indigenous data (including traditional knowledges) and (2) supporting open data, machine learning, broad data sharing, and big data initiatives. The International Indigenous Data Sovereignty Interest Group (within the Research Data Alliance) is a network of nation-state based Indigenous data sovereignty networks and individuals that developed the ‘CARE Principles for Indigenous Data Governance’ (Collective Benefit, Authority to Control, Responsibility, and Ethics) in consultation with Indigenous Peoples, scholars, non-profit organizations, and governments. The …

Fashion Design Piracy: An Issue Of Intellectual Property Or Economic Impact?, Vendela Dente

Fordham Undergraduate Law Review

Currently, United States law offers no fashion design protection against design piracy. The fashion industry profits from pioneering creative content; yet, this content lies outside the domain of intellectual property law. Fashion designs are inevitably undervalued by consumers and the industry due to the lack of protection of original designs for the benefit of the industry's monetary value. Fashion design can be protected under copyright, trademark and patent law but these laws provide ambiguity and strict requirements for fashion labels. This Note will discuss the effects of fashion piracy both on innovation and the fashion industry’s bottom line.

Oddpub – A Text-Mining Algorithm To Detect Data Sharing In Biomedical Publications, Nico Riedel, Miriam Kip, Evgeny Bobrov

Copyright, Fair Use, Scholarly Communication, etc.

Open research data are increasingly recognized as a quality indicator and an important resource to increase transparency, robustness and collaboration in science. However, no standardized way of reporting Open Data in publications exists, making it difficult to find shared datasets and assess the prevalence of Open Data in an automated fashion.

We developed ODDPub (Open Data Detection in Publications), a text-mining algorithm that screens biomedical publications and detects cases of Open Data. Using English-language original research publications from a single biomedical research institution (n = 8689) and randomly selected from PubMed (n = 1500) we iteratively developed a …

Copyright, Andrea Wallace

Copyright, Fair Use, Scholarly Communication, etc.

Copyright is intended to incentivize the production of new creative works and protect authors’ connection to them. In return, the author receives exclusive rights over the creative work and can commercialize or release them for various uses. Once the copyright expires, these works pass into the public domain and can be used by anyone to produce new creative works and knowledge.

GLAMs (Galleries, Archives, Libraries, and Museums) protect, preserve, and extend access to these works (and many other materials) for the appreciation of current and future generations. This is often facilitated today by digitizing collections and making them available online. …

The State Of Altmetrics: A Tenth Anniversary Celebration, Kathy Christian, Euan Adie, Gemma Derrick, Fereshteh Didegah, Paul Groth, Cameron Neylon, Jason Priem, Shenmeng Xu, Zohreh Zahedi, Yin-Leng Theng, Saeed-Ul Hassan, Naif R. Aljohani, Timothy D. Bowen, Vanesh M. Patel, Robin Haunschild, Lutz Bornmann, Mike Taylor, Liesa Ross, Stacy Konkiel

Copyright, Fair Use, Scholarly Communication, etc.

Altmetric’s mission is to help others understand the influence of research online.We collate what people are saying about published research in sources such as the mainstream media, policy documents, social networks, blogs, and other scholarly and non-scholarly forums to provide a more robust picture of the influence and reach of scholarly work. Altmetric works with some of the biggest publishers, funders, businesses and institutions around the world to deliver this data in an accessible and reliable format.

Contents

Altmetrics, Ten Years Later, Euan Adie (Altmetric (founder) & Overton)

Reflections on Altmetrics, Gemma Derrick (University of Lancaster), Fereshteh Didegah (Karolinska Institutet …

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus, …