Intellectual Property Law Commons^™

Next Generation Repositories: Behaviours And Technical Recommendations Of The Coar Next Generation Repositories Working Group, Confederation Of Open Access Repositories, Eloy Rodrigues, Kathleen Shearer

Copyright, Fair Use, Scholarly Communication, etc.

In April 2016, the Confederation of Open Access Repositories (COAR) launched the Next Generation Repository Working Group to identify new functionalities and technologies for repositories. In this report, we are pleased to present the results of the work of this group, including recommendations for the adoption of new technologies, standards, and protocols that will help repositories become more integrated into the web environment and enable them to play a larger role in the scholarly communication ecosystem.

At COAR, we believe the globally distributed network of more than 3000 repositories can be leveraged to create a more sustainable and innovative system …

Spec Kit 357 Libraries, Presses, And Publishing November 2017, Laurie N. Taylor, Brian W. Keith, Chelsea Dinsmore, Meredith Morris-Babb

Copyright, Fair Use, Scholarly Communication, etc.

Many Association of Research Libraries (ARL) members have robust and long-standing publishing activities, often in collaboration with or running parallel to the press of the larger institutional entity. As reported in the Association of American University Presses (AAUP) 2015–2016 annual report, 30 AAUP member presses are in libraries. Eighty-one institutions are both ARL and AAUP members, and at 21 of those institutions, the press reports to the library. Other libraries—including Amherst College Press and the University of Cincinnati Press—launched new presses within libraries. Most of the 123 ARL member libraries are engaged in publishing or publishing support activities such as …

Laws On Erasure Of Online Information: Canada, France, European Union, Germany, Israel, Japan, New Zealand, Norway, Portugal, Russia, Spain, United Kingdom, Luis Acosta

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary by Luis Acosta, Chief, Foreign, Comparative, and International Law Division II, Law Library of Congress (United States), Global Legal Research Center

This report describes the laws of twelve jurisdictions that have some form of remedy available enabling the removal of online data based on harm to individuals’ privacy or reputational interests, including but not limited to defamation. Six of the countries surveyed are within the European Union (EU) or the European Economic Area, and therefore have implemented EU law. Five non-EU jurisdictions are also surveyed.

Comparative analysis across jurisdictions presents terminological challenges, because legal language across jurisdictions seems …

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Faculty Scholarship

Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.

This article aims to provide a systematic analysis of the linkage …

Copyright For Publishing 2, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

For B. Rilett's Editing & Publishing class, August 28, 2017. Updated for Sept. 13, 2018.

The 2.5% Commitment, David W. Lewis

Copyright, Fair Use, Scholarly Communication, etc.

The commitment: Every academic library should commit to contribute 2.5% of its total budget to support the common infrastructure needed to create the open scholarly commons.

Recommended Versus Certified Repositories: Mind The Gap, Sean Edward Husen, Zoë G. De Wilde, Anita De Waard, Helena Cousijn

Copyright, Fair Use, Scholarly Communication, etc.

Researchers are increasingly required to make research data publicly available in data repositories. Although several organisations propose criteria to recommend and evaluate the quality of data repositories, there is no consensus of what constitutes a good data repository. In this paper, we investigate, first, which data repositories are recommended by various stakeholders (publishers, funders, and community organizations) and second, which repositories are certified by a number of organisations. We then compare these two lists of repositories, and the criteria for recommendation and certification. We find that criteria used by organisations recommending and certifying repositories are similar, although the certification criteria …

Connect Oer Annual Report 2016-2017, Brady Yano

Copyright, Fair Use, Scholarly Communication, etc.

Earlier this year, SPARC launched Connect OER—a platform to share and discover information about Open Educational Resources (OER) activities at campuses across North America. Through Connect OER, academic libraries create and manage profiles about their institution’s efforts on OER, producing valuable data that we use to populate a searchable directory and produce an annual report.

As the first Connect OER Annual Report, this document summarizes insights from the Connect OER pilot, which ran from May - July 2017. The data encompass 65 SPARC member libraries spanning 31 U.S. states and five Canadian provinces who participated in the pilot. Our analysis …

Section 108 Of Title 17: A Discussion Document Of The Register Of Copyrights, Chris Weston, Aurelia J. Schultz, Emily M. Lanza, Michelle Choe, Karyn Temple Claggett

Copyright, Fair Use, Scholarly Communication, etc.

The objective of the discussion document is: to review the issues raised over the past decade of revision work; to outline the Office’s current views and proposals on the various revision issues; and to present and explain model statutory language for a new section 108. Although the model statutory language should not be seen as the Office’s final view on section 108, the Office believes that it is important to provide a more concrete framework for further discussion. Additionally, the Discussion Document includes copious illustrative examples of how the Office envisions the proposals might work in practice.

CONCLUSION

Libraries, archives, …

A Splendid Torch: Learning And Teaching In Today’S Academic Libraries, Jodi Reeves Eyre, John C. Maclachlan, Christa Williford

Copyright, Fair Use, Scholarly Communication, etc.

In the winter of 2015, a handful of current and former CLIR postdoctoral fellows gathered at a small restaurant in Washington, D.C., to celebrate publication of The Process of Discovery: The CLIR Postdoctoral Fellowship Program and the Future of the Academy. In typical CLIR fellowship alumni fashion, it took about an hour of relaxation before we began to look at one another and ask, “Now what?” Over fried pickles, barbecue brisket, and vegan spare ribs, we decided to recreate the Collaborative Writing Group (CWG) experience that fostered the collection of essays about what we had learned from our work in …

Information In The Ecosystem: Against The “Information Ecosystem”, Timothy B. Norris, Todd Suomela

Copyright, Fair Use, Scholarly Communication, etc.

The “information ecosystem” metaphor is widely used in academic libraries and has become nearly ubiquitous when speaking of the information systems that support scholarly communication and varied forms of data sharing and publication. The trending use of this language arises from non-academic applications — for example in big data (the Hadoop ecosystem) or software development (the node.js ecosystem) — and there remains little critical examination of the use of this metaphor. Indeed, the definition of ecosystem as the set of relations between living organisms and their surrounding non-living environment is apparently not directly a part of the metaphor. This paper …

Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton

Copyright, Fair Use, Scholarly Communication, etc.

The following Core Competencies for Scholarly Communication Librarians were developed out of research and discussion conducted by the NASIG Scholarly Communication Core Competencies Task Force. Scholarly communication is defined by ACRL as “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels, such as electronic listservs (Association of College & Research Libraries, “Principles and Strategies for the Reform of Scholarly Communication 1,” 2003). The specific duties of the scholarly …

Metadata And Copyright: Should Institutions License Their Data About Scholarship?, Krista L. Cox

Copyright, Fair Use, Scholarly Communication, etc.

Institutions have a number of options for how to treat metadata while encouraging widespread use and sharing. Some institutions may determine that no license is necessary to openly share metadata, taking the position that the metadata they produce is not copyrightable. Others might share it using a CC0 license or CC0 with additional guidelines. In determining how to share metadata, institutions should consider possible cross-border implications as well as the potential that what is defined as metadata could grow in breadth and raise additional copyright concerns. Additionally, institutions should take into account the benefit that clear and easy-to-understand policies provide …

Using Fair Use To Preserve And Share Disappearing Government Information, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Access to government information is a fundamental principle in a democratic society. Particularly in the digital environment, government information is a driver for economic and social progress as well as a predicate for an informed citizenry. From 2009 through 2016, open government was a hallmark of the Obama administration, which observed that, “openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth.” Libraries and archives have historically served as stewards of government documents, and in recent years, these institutions have paid special attention to the unique vulnerability of …

Making & Sharing Scholarship: Copyright Issues In Scholarly Communication (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

Today’s focus – not copyright generally, or copyright for things like library digitization, but copyright in the context of scholarly publishing.

Copyright’s purpose and higher education’s purpose have a lot in common. We as a society all benefit if people can build on the discoveries that came before them, while having an incentive to create new things.

Article I, Section 8, where the authority for US copyright law comes from, reads "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective …

Understanding Scholarly Communication: Framing The Issues (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello, William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

This is the (simple) big overview of the SC system. Within this system exist participants, pressures and intersections, which lead to the opportunities that we’re seeing now.

Participants: Researchers, authors, administrators, students, editors, peer reviewers, and others. Including libraries. Flow in and out and according to processes.

A system of systems: Higher education, publishing industry, disciplinary practice, scholarly societies, internet culture, research industry, IP/legal system, funders, AND OF COURSE faculty rewards system (P&T).

Open Education (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the slides:

“Open educational resources are teaching and learning materials that are freely available online for everyone to use, whether you are an instructor, student or self-learner.”

Open Textbooks: Traditional textbooks with lessons, exercises, and reference materials.

Many instructors also want better materials:

➢ So all students can participate.

➢ So their voice can shine through.

➢ So their discipline can be represented.

➢ So they can use new technologies and pedagogies.

Reflection & Next Steps (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth Brown

Copyright, Fair Use, Scholarly Communication, etc.

How can we sustain our library community? Ideas for reaching out to your institution - students, faculty, administration, other library personnel.

Scholarly Communication: From Understanding To Engagement (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

“The goal of the program is to empower participants to help accelerate the transformation of the scholarly communication system.” From www.ala.org/acrl/issues/scholcomm/roadshow.

Measuring Impact (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt from the slides and presenter's notes:

Helps us see the lifecycle of research - why and how We have a lot of knowledge in this space because we know the resources and systems impact is based on -- we can act as thought leaders.

Scholarly communication cycle involves “evaluating research and other scholarly writings for quality” (ARL, 2013).

Librarians have always been part of the “impact” conversation from the perspective of the ways in which we help people. We provide budding researchers with access to seminal ideas in the field and help established researchers keep current with new information …

From Creativity To Classification: A Logical Approach To Patent Searching, Marian G. Armour-Gemmen

Faculty & Staff Scholarship

Engineering students and professors need to understand and search intellectual property. In the past, librarians have instructed them on using the United States Patent Classification (USPC). In 2015, after a period of transition, the United States Patent and Trademark Office phased out the USPC and began exclusively classifying in the Cooperative Patent Classification (CPC). This adoption presented librarians a challenge of instructing students and professors in the easiest and most effective patent search. By tying patent searching to an example and presenting classification in an understandable fashion using CPC in conjunction with USPC, this writer presents a logical directed search …

Research Data Management In Research Institutions In Zimbabwe, Josiline Chigwada, Blessing Chiparausha, Justice Kasiroori

Copyright, Fair Use, Scholarly Communication, etc.

The research was aimed at evaluating how research data are being managed in research institutions in Zimbabwe. The study also sought to assess the challenges that are faced in research data management by research institutions in Zimbabwe. Twenty five institutions of higher learning and other organisations that deal with research were selected using purposive sampling to participate in the study. An online questionnaire on SurveyMonkey was sent to the selected participants and telephone interviews were done to follow up on participants who failed to respond on time. Data that were collected using interviews were entered manually into SurveyMonkey for easy …

Changing Publishing Ecologies: A Landscape Study Of New University Presses And Academic-Led Publishing: A Report To Jisc, Janneke Adema, Graham Stone, Chris Keene

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

A new wave of university presses is emerging. Common characteristics are that they are open access (OA), digital first, library-based, and they often offer a smaller set of services than a traditional publisher, blurring the line between publisher and platform. In tandem, a small but notable number of academics and researchers have set up their own publishing initiatives, often demonstrating an innovative or unique approach either in workflow, peer review, technology or business model.

These new publishing initiatives have a potentially disruptive effect on the scholarly communication environment, providing new avenues for the dissemination of research outputs and acting …

Publication Agreement Comparison Exercise, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Molly Keener, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly communication: From understanding to engagement. Asks the questions:

Once each agreement is signed:

 Who owns copyright?

 What does the publisher promise they will do?

 How can you share your article? o With colleagues? o With students? o At conferences?

 What can you archive? Where?

 What would you change?

"The Engine Of Free Expression": The Political Economy Of Copyright In The Colonial British Atlantic And Early National United States, Nora Slonimsky

Dissertations, Theses, and Capstone Projects

In 1985, the Supreme Court of the United States concluded that copyright was included in the Constitution in order to serve as the “engine of free expression.” By providing economic incentive to drive artistic and scientific innovation, the nation received essential information and other tools of learning necessary to make sound political decisions. However, transnational copyright disputes, then and now, frequently resulted in complex and often contradictory understandings of free expression. The formation of copyright in America was thus a far more complex story, and it is that story that forms the basis of this project.

Amidst the many moving …

Enclave Of Ingenuity: The Plan And Promise Of The Beijing Intellectual Property Court, Max Goldberg

Student Work

A 2016-2017 William Prize for best essay in East Asian Studies was awarded to Max Goldberg (Pierson College '17) for his essay submitted to the Ethics, Politics, & Economics Program, "Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court.” (Frances Rosenbluth, Damon Wells Professor of Political Science, and Paul Gewirtz, Potter Stewart Professor of Law, advisors.)

Max Goldberg’s thesis, Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court, examines in depth one of the most interesting institutions in today’s China – an experimental court that stands at the intersection of …

Looking Into Pandora's Box: The Content Of Sci-Hub And Its Usage, Bastian Greshake

Copyright, Fair Use, Scholarly Communication, etc.

Despite the growth of Open Access, potentially illegally circumventing paywalls to access scholarly publications is becoming a more mainstream phenomenon. The web service Sci-Hub is amongst the biggest facilitators of this, offering free access to around 62 million publications. So far it is not well studied how and why its users are accessing publications through Sci-Hub. By utilizing the recently released corpus of Sci-Hub and comparing it to the data of ~28 million downloads done through the service, this study tries to address some of these questions. The comparative analysis shows that both the usage and complete corpus is largely …

Workshop Agenda, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Joy Kirchner, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly communication: From understanding to engagement. Agenda for the day. 2017 Nebraska ACRL (Association of College & Research Libraries) Scholarly Communication Roadshow, July 12, 2017, 8:00 am - 4:30 pm CDT, University of Nebraska-Lincoln, Jackie Gaughan Multicultural Center, Unity Room.

Rethinking Institutional Repository Strategies, Cni Executive Roundtable, Clifford Lynch

Copyright, Fair Use, Scholarly Communication, etc.

At the spring 2017 CNI meeting in Albuquerque, New Mexico, we held an Executive Roundtable on the topic of Rethinking Institutional Repository Strategies. We knew this was a timely topic for many of our member institutions, and we anticipated that many CNI member institutions would seek to attend this roundtable. To meet the demand, we offered two sessions of the roundtable (with different institutions participating in each) on sequential days, and even then had to turn away many who expressed interest. At the main CNI meeting, CNI’s executive director Clifford Lynch offered a summary of the roundtables during one of …

Developing Criteria To Establish Trusted Digital Repositories, John Faundeen

Copyright, Fair Use, Scholarly Communication, etc.

This paper details the drivers, methods, and outcomes of the U.S. Geological Survey’s quest to establish criteria by which to judge its own digital preservation resources as Trusted Digital Repositories. Drivers included recent U.S. legislation focused on data and asset management conducted by federal agencies spending $100M USD or more annually on research activities. The methods entailed seeking existing evaluation criteria from national and international organizations such as International Standards Organization (ISO), U.S. Library of Congress, and Data Seal of Approval upon which to model USGS repository evaluations. Certification, complexity, cost, and usability of existing evaluation models were key considerations. …