Intellectual Property Law Commons^™

Across The Great Divide: Findings And Possibilities For Action From The 2016 Summit Meeting Of Academic Libraries And University Presses With Administrative Relationships (P2l), Mary Rose Muccie, Joe Lucia, Elliott Shore, Clifford Lynch, Peter Berkery

Copyright, Fair Use, Scholarly Communication, etc.

The library-press relationship explored in P2L allows for transformative approaches in support and dissemination of scholarship. Effective exploitation of these partnerships is in the early stages and there is an opportunity to influence the outcomes to ensure they are as broadly applicable and scalable as possible. As Cliff Lynch (CNI) noted in his summary of the day’s conversation, we must do more exploration of both intra-institutional (library and press) and cross-institutional collaborations. He provided several compelling suggestions for partnerships, including new ways to promote and leverage library special collections as well as ideas for increasing discoverability of press content. (See …

United States Environmental Protection Agency Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (November 2016)

Copyright, Fair Use, Scholarly Communication, etc.

EPA response to OSTP memo, 2013: Public Access Plan (November 2016)

Finding The Public Domain: The Copyright Review Management System, Melissa Levine

Copyright, Fair Use, Scholarly Communication, etc.

Historically, copyright review has been uncoordinated and has taken place on a modest scale. The Copyright Review Management System (CRMS) changes that. 1 CRMS was supported by the Institute of Museum and Library Services over three National Leadership Grants. It was led by the University of Michigan in collaboration with 19 other highly dedicated research libraries. Together, we developed a system to train and coordinate reviewers to assess the copyright status of digitized books held in the HathiTrust Digital Library. Over the course of the three interrelated grants that make up the CRMS project, we developed expertise in managing a …

Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt

Charleston Library Conference

Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …

One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton

Charleston Library Conference

Thoroughly understanding what professors and instructors needed to accomplish their teaching goals with streaming video was the first step enabling one academic library to successfully manage a rapid increase in demand for streaming media. The second element was incorporating an expert understanding of copyright law and the nature of the video marketplace.

This paper will strive to educate librarians and other professional library staff on how they can best integrate media streaming into mainstream library services for their campus faculty, as well as how to provide a full range of streaming services. The paper also will address workflow, communication with …

Copyright: Walking The Tightrope, Bethany Kenyon, Elizabeth Dyer

Library Services Faculty Posters

Librarians often struggle with copyright questions from patrons. After winning a copyright consultation with copyright specialist Barbara Ingrassia during the 2015 North Atlantic Health Sciences Libraries (NAHSL) Scholarship Raffle, UNE librarians decided it was high time to conquer our fears and create a tool to help with the balancing act that is Fair Use. This poster describes the development and promotion of a Fair Use Checklist.

United States Office Of The Director Of National Intelligence (Odni) Response To The Office Of Science And Technology Poilcy Memo, 2013: Public Access Plan (September 2016)

Copyright, Fair Use, Scholarly Communication, etc.

The United States Office of the Director of National Intelligence (ODNI) Plan for Increased Public Access to Scientific Scholarly Publications and Research Data, September 30, 2016.

Publishing Information For Authors, Paul Royster, Sue Ann Gardner, Linnea Fredrickson

University of Nebraska-Lincoln Libraries: Presentations

Publishing: What Authors Ought to Know, by Paul Royster

Copyright for Scholarly Authors, by Sue Ann Gardner

Mechanics of the Manuscript: What Happens Next? by Linnea Fredrickson

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

Law Faculty Scholarship

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.

In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …

The Elife Sciences Annual Report 2015, Elife Sciences Publications Limited

Copyright, Fair Use, Scholarly Communication, etc.

Our rate of publishing almost doubled during 2015, reaching around 90 articles per month by the end of the year, and reflecting another strong year of growth in submissions. The significant and fascinating science published in 2015 covered the effects of moonlight on the reproductive biology of coral, the sensation of pain in human infants, the use of molecular tweezers in HIV control, and a project in drug discovery using a citizen science approach. However, there is still far too much important work being published behind subscription barriers, and our goal is to invest further in eLife to enable more …

Mdpi Annual Report 2015: Academic Open Access Publishing Since 1996, Multidisciplinary Digital Publishing Institute (Mdpi)

Copyright, Fair Use, Scholarly Communication, etc.

3 20 YEARS OF OPEN ACCESS PUBLISHING

5 2015 KEY FIGURES

5 Papers Published in MDPI Journals by

Region

5 Geographical Distribution of Authors and

Reviewers

5 Publication by Subject Area

5 Growth Based on Published Articles

6 Summary of Key Performance Indicators

6 Readership

6 Quality of Service

6 Papers Published in Flagship Journals

7 2015 FINANCIAL INFORMATION

7 Information on Article Processing Charges

7 Sources of Income

8 JOURNAL IMPACT FACTOR

DEVELOPMENT

8 Impact Factors

9 Journal Rankings by Quartile in Science

Citation Index Expanded ( SCIE )

10 NEW JOURNALS LAUNCHED IN 2015

11 SCIFORUM CONFERENCES IN …

The Grand Compromise Of U.S. Public Access Programs: Going Green, Jeffrey Salmon

Copyright, Fair Use, Scholarly Communication, etc.

We at the Department of Energy (DOE) Office of Scientific and Technical Information (OSTI) have found that providing full public access to the research DOE funds is simple in principle and complex in practice. ... [W]e can say that a great deal of progress has been made toward reaching the goal of free public access it sets out. And much of that progress is due to hard collaborative work by both the government and publishers. Following the February 2013 memo from the Office of Science and Technology Policy (OSTP) on “Increasing Access to the Results of Federally Funded Scientific Research …

Research Impact Of Paywalled Versus Open Access Papers, Éric Archambault, Grégoire Côté, Brooke Struck, Matthieu Voorons

Copyright, Fair Use, Scholarly Communication, etc.

This note presents data from the 1science OAIndx on the average of relative citations (ARC) for 3.3 million papers published from 2007 to 2009 and indexed in the Web of Science (WoS). These data show a decidedly large citation advantage for open access (OA) papers, despite them suffering from a lag in availability compared to paywalled papers.

There is an abundant literature on the citation advantage of OA papers, starting with a succinct communication by Lawrence (2001). Several studies have been listed by SPARC, the majority of which support the idea that when papers are openly available, they are more …

How Open Science Helps Researchers Succeed, Erin Mckiernan, Philip E. Bourne, C. Titus Brown, Stuart Buck, Amye Kenall, Jennifer Lin, Damon Mcdougall, Brian A. Nosek, Karthik Ram, Courtney K. Soderberg, Jeffrey R. Spies, Kaitlin Thaney, Andrew Updegrove, Kara H. Woo, Tal Yarkoni

Copyright, Fair Use, Scholarly Communication, etc.

Open access, open data, open source, and other open scholarship practices are growing in popularity and necessity. However, widespread adoption of these practices has not yet been achieved. One reason is that researchers are uncertain about how sharing their work will affect their careers. We review literature demonstrating that open research is associated with increases in citations, media attention, potential collaborators, job opportunities, and funding opportunities. These findings are evidence that open research practices bring significant benefits to researchers relative to more traditional closed practices.

Institutional Strategies For Open Educational Resources (Oers): Report Of A Cni Executive Roundtable Held April 3 & 4, 2016, Coalition For Networked Information

Copyright, Fair Use, Scholarly Communication, etc.

At the Spring 2016 CNI Membership Meeting in San Antonio, Texas, we held an Executive Roundtable on the topic of Institutional Strategies for Open Educational Resources (OERs). While this is clearly a topic of growing interest in higher education institutions, we did not anticipate the overwhelming response by CNI member institutions seeking to attend this roundtable. To meet the demand, we offered two sessions of the roundtable (with different institutions participating in each) on Sunday, April 3, and Monday, April 4. We were fortunate to have a student OER advocate from one of our participating institutions join one of the …

Authenticity Key To Success In Life And In Legal Information, Susan Drisko Zago

Law Faculty Scholarship

[Excerpt] "Authenticity is defined as something that is not false or an imitation. Savvy consumers pay a premium for an authentic product and treat with suspicion a product that does not ring true.

We have a system of trademark and copyright protections that protect a company’s intellectual property rights and brands and consumer protections to protect the consumer from counterfeit and unsafe products. Now, there is model legislation that will provide a systematic way to protect, preserve and provide better electronic access to the bread and butter of our legal profession: our official state legal documents."

Intellectual Property, Paul Royster

University of Nebraska-Lincoln Libraries: Presentations

Copyrights, trademarks, & patents

Registration of copyright

What copyright gives you

Requirements for copyright

What you can and cannot copyright

Transfer of copyright

Exceptions to copyright exclusives

Fair use

Instructional exemption

Open access licenses

Ownership by UNL

Strategic Thinking And Design Initiative: Extended And Updated Report, Association Of Research Libraries

Copyright, Fair Use, Scholarly Communication, etc.

Introduction 11 This report1 documents the Strategic Thinking and Design work that the Association of Research Libraries (ARL) engaged in from the fall of 2013 through the end of 2015. Fueled by the deep desire of the ARL membership to rise to the challenges facing higher education in the 21st century, and with grants from the Institute of Museum and Library Services and the Andrew W. Mellon Foundation, the Association engaged in an unprecedented project to reimagine the future of the research library and then reshape ARL, its organization, to help bring that future into being.

This report is a …

From Library To Liability—Importing Trade Secret Doctrines To Erase Unfair Copyright Risks Lurking In Youtube’S Creative Commons Library, Adam Balinski

BYU Law Review

No abstract provided.

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Are Scientific Data Repositories Coping With Research Data Publishing?, Massimiliano Assante, Leonardo Candela, Donatella Castelli, Alice Tani

Copyright, Fair Use, Scholarly Communication, etc.

Research data publishing is intended as the release of research data to make it possible for practitioners to (re)use them according to “open science” dynamics. There are three main actors called to deal with research data publishing practices: researchers, publishers, and data repositories. This study analyses the solutions offered by generalist scientific data repositories, i.e., repositories supporting the deposition of any type of research data. These repositories cannot make any assumption on the application domain. They are actually called to face with the almost open ended typologies of data used in science. The current practices promoted by such repositories are …

The Open Access Interviews: Sir Timothy Gowers, Mathematician, Richard Poynder, Timothy Gowers K.B.

Copyright, Fair Use, Scholarly Communication, etc.

As the use of green open access policies looks increasingly like a failed strategy, and as universities, research funders, and governments in Europe seek to engineer a mass “flipping” of subscription journals to gold OA, has the open access movement reached a watershed moment? If so, how will it develop from here, is it headed in the right direction, and who should be leading the way? One remarkable thing about the OA movement is that it has primarily been driven by people other than researchers. The President of the Royal Netherlands Academy of Arts and Sciences, José van Dijck drew …

Ithaka S+R Us Faculty Survey 2015, Christine Wolff, Alisa B. Rod, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R US Faculty Survey has tracked the changing research, teaching, and information usage practices of faculty members since the early days of the digital transformation. In this sixth triennial cycle, we survey a random sample of US higher education faculty members, adding medical scholars to our population to provide even more comprehensive coverage of US higher education.

Our first look at medical faculty members in the 2015 cycle shows that respondents sometimes have attitudes and practices that parallel their colleagues in the social sciences and physical sciences, but often are unique in the way that they discover and …