Intellectual Property Law Commons^™

Us Agencies – Public Access Plans Details, Chorus

Copyright, Fair Use, Scholarly Communication, etc.

23 US government agencies that fund scientific research and their public access plans details as of April 2016. Included are effective date for awards, embargo terms, repository names, and whether agency is a CHORUS participant.

CHORUS: Clearinghouse for the Open Research of the United States, is a publishers' organization and a project to enable public access to funded research by directing users to publishers' sites.

A Borrowed Language, Yvonne Osei

Graduate School of Art Theses

Art has the potency of mediation: bridging human differences, questioning voids in historical trajectories, negotiating spaces of relevance, and most importantly, being signifiers that embody the absent. I speak in a borrowed language, a multilingual visual tongue, inspired by a culmination of Western and African Art modes of practices to create charged platforms for multicultural communication.

My art presents visual portals that allow for intercultural and interracial mingling as issues of colorism, present-day colonialism, gender inequality and the politics of dress are foregrounded for collective deliberation. The essence of the work is often activated and brought to its full potential …

The Federal Big Data Research And Development Strategic Plan, The Networking And Information Technology Research And Development Program, Big Data Senior Steering Group

Copyright, Fair Use, Scholarly Communication, etc.

This document was developed through the contributions of the NITRD Big Data SSG members and staff. A special thanks and appreciation to the core team of editors, writers, and reviewers: Lida Beninson (NSF), Quincy Brown (NSF), Elizabeth Burrows (NSF), Dana Hunter (NSF), Craig Jolley (USAID), Meredith Lee (DHS), Nishal Mohan (NSF), Chloe Poston (NSF), Renata Rawlings-Goss (NSF), Carly Robinson (DOE Science), Alejandro Suarez (NSF), Martin Wiener (NSF), and Fen Zhao (NSF).

A national Big Data1 innovation ecosystem is essential to enabling knowledge discovery from and confident action informed by the vast resource of new and diverse datasets that are rapidly …

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Remanded Decision In Cambridge University Press, Oxford University Press, & Sage Publications Vs. Georgia State University Et Al., Orinda D. Evans

Copyright, Fair Use, Scholarly Communication, etc.

Defendants' Motion to Strike Portions of Plaintiffs' Remand Brief and to Disregard Declaration [Doc. 502] is GRANTED. This case is currently before the Court for fair use analysis with respect to 48 infringement claims. Plaintiffs are entitled to prevail on the claims involving 7 works in Georgia State classes. With respect to the other infringement claims, Defendants are entitled to prevail.

Defendants are the prevailing side and are entitled to an award of costs and attorneys' fees.

Committee On Institutional Cooperation 2014-2015 Annual Report: The Power Of The Collective, Committee On Institutional Cooperation

Copyright, Fair Use, Scholarly Communication, etc.

Launched in 1958 by the university presidents as the academic counterpart to the Big Ten Athletic Conference, the CIC connects faculty and staff across the fifteen campuses to increase opportunities, save money, and solve problems. Throughout the years, CIC leaders have developed a nationally recognized portfolio of effective programs and initiatives that leverage resources and expertise and amplify our collective impact in the wider world. With a focus on recruiting, retaining, and engaging faculty, the CIC’s academic leadership programs are considered to be among the best professional development opportunities in higher education. By enhancing the leadership capabilities of faculty and …

How Readers Discover Content In Scholarly Publications, Tracy Gardner, Simon Inger

Copyright, Fair Use, Scholarly Communication, etc.

This report is the output of a large-scale survey of readers of scholarly publications (n=40439) and their behaviour in the discovery of journal articles and online books. The survey was conducted during October, November, and December of 2015. While usage statistics and analytics gathered by publishers, libraries and intermediaries can give us a partial view of discovery behaviour, there are many gaps in the knowledge that these can provide which we have endeavoured to fill by asking readers what tools they use in discovery.6

This survey builds upon previous surveys conducted by the authors in 2005, 2008 and 2012. For …

Real Resources For Researching Ip Law, Anne Burnett

Presentations

A presentation on strategies for researching intellectual property law in classroom I.

Research Software Sustainability: Report On A Knowledge Exchange Workshop, Simon Hettrick

Copyright, Fair Use, Scholarly Communication, etc.

Without software, modern research would not be possible. Understandably, people tend to marvel at results rather than the tools used in their discovery, which means the fundamental role of software in research has been largely overlooked. But whether it is widely recognised or not, research is inexorably connected to the software that is used to generate results, and if we continue to overlook software we put at risk the reliability and reproducibility of the research itself. The adoption of software is accompanied by new risks - many of which are unknown to the majority of the research community. The practices …

The Rise And Fall Of The Patent Trolls: How They Lost The Public Relations Battle, Liz Weber

Journalism

Patent trolls gained notoriety in the early 2000s as many nine- and even 10-digit patent infringement settlements made headlines. Trolls claim they are helping inventors get the compensation they deserve for their inventions, while opponents claim trolls are parasites on successful businesses who want glittering pots of gold in exchange for doing absolutely nothing. As the debate continues and parties on both sides continue to call for patent reform, the question arises: what is best of the IP overall market? And how can patent trolls utilize communications best practices to ensure their message is convincingly conveyed to key influencers who …

United States Administration For Community Living (Acl) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (February 2016)

Copyright, Fair Use, Scholarly Communication, etc.

ACL response to OSTP memo, 2013: Public Access Plan (February 2016)

Introductory Discussion, 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. "To set the tone for the day, introduce yourselves and start sharing!" Includes a list of four questions intended to get the conversation started.

Copyrightx: Harvard University Law School, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.

Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi

Law Faculty Scholarship

[Excerpt] The UNH School of Law Intellectual Property Library celebrates its twentieth anniversary this year. It is a fortuitous time for this look back and for strategic considerations for the future. This anniversary comes at a time in the history of legal education when conditions over the past few years have intensified the analysis of mission and resources for law school libraries. This article is a retrospective review of the history and dynamics surrounding the founding and first twenty years of growth. It is also an analysis of the future growth and mission of the IP Library during times that …

Altmetrics Data Quality Code Of Conduct, National Information Standards Organization

Copyright, Fair Use, Scholarly Communication, etc.

Altmetrics are increasingly being used and discussed as an expansion of the tools available for measuring the scholarly impact of research in the knowledge environment. The NISO Alternative Assessment Metrics Project was begun in July 2013 with funding from the Alfred P. Sloan Foundation to address several areas of limitations and gaps that hinder the broader adoption of altmetrics. This document is one output from this project, intended to help organizations that wish to use altmetrics to ensure their consistent application across the community. “Working Group C” studied and discussed issues of data quality in the altmetrics realm, an essential …

The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, David Fagundes

Faculty Articles

This Article presents a novel view of the complex moral psychology of infringement. It does so both to complement extant critiques of copyright’s incentivist story and to provide a realistic account of owners’ motivations for infringement on which a more effective copyright regime may be built. We elaborate these claims as follows. Part I highlights the contrast between the robust critiques of copyright’s theory of creation and the paucity of attention to its theory of litigation, and illustrates the social costs produced by increasingly common infringement suits animated by nonfinancial concerns. Part II develops a psychology of infringement, rooted in …

The Supreme Court's Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook

Faculty Articles

The Supreme Court over the last decade or so has reengaged with patent law. While much attention has been paid to the Court’s reworking of what constitutes patent-eligible subject matter and enhancing tools to combat “patent trolls,” what many have missed is the Court’s reworking of the contours of active inducement of patent infringement under 35 U.S.C. § 271(b). The Court has taken the same number of § 271(b) cases as subject matter eligibility cases—four. Yet this reworking has not garnered much attention in the literature. This Article offers the first comprehensive assessment of the Court’s efforts to define active …

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

Faculty Scholarship

No abstract provided.

What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros

Library Staff Publications

No abstract provided.

How Should The Law Think About Robots?, Neil M. Richards, William D. Smart

Scholarship@WashULaw

The robots are coming. We don’t mean this in a scary, apocalyptic way, like in The Terminator or Battlestar Galactica, or in a tongue-in-cheek way, like in the Flight of the Conchords song “The Humans are Dead.” What we mean is this: Robots and robotic technologies are now mature enough to leave the research lab and come to the consumer market in large numbers. These early technologies are just the start, and we might soon be witnessing a personal robotics revolution. These systems have the potential to revolutionize our daily lives and to transform our world in ways even more …

Finding The Public Domain: Copyright Review Management System Toolkit, Richard C. Adler, Justin Bonfiglio, Kristina Eden, Brian S. Hall, Melissa Levine, University Of Michigan Library Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. In CRMS- US (2008– 11), CRMS reviewed over 170,000 volumes in the HathiTrust Digital Library that were published in the United States between 1923 and 1963 (“CRMS- US”). That first project team— which included reviewers from the University of Michigan, the University of Wisconsin, the University of Minnesota, and Indiana University— identified nearly 87,000 volumes …

Intellectual Freedom For Authors: A Very Brief Overview Of United States Copyright, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

VIII: Intellectual Freedom for Authors: A Very Brief Overview of United States Copyright

What Can Be Copyrighted and What Rights Are Conferred?

Who Owns Copyright in a Work?

Copyright Formalities

Transfer of Copyright

Length of Term of Copyright

Permissions and Licensing

Fair Use

Consequences of Infringement

Final Report: Eunis – Eurocris Joint Survey On Cris And Ir, Lígia Ribeiro, Pablo De Castro, Michele Mennielli

Copyright, Fair Use, Scholarly Communication, etc.

The rising strategic importance of Current Research Information Systems (CRISs) and Institutional Repositories (IRs) for higher education and research institutions relates to the need to foster research and innovation and to provide a faster and broader technology transfer to industry and society. These are critical factors for global competitiveness, and the increasing competition among institutions to increase and disseminate excellence in research is another area where these systems provide a key contribution. Additional important elements with a strong impact on such strategic evolution are the new policies on Open Access, National Research Assessment and Research Funding. It is indeed from …

Altmetrics Definitions And Use Cases, National Information Standards Organization (Niso)

Copyright, Fair Use, Scholarly Communication, etc.

The NISO Alternative Assessment Metrics Initiative was begun in July 2013 with funding from the Alfred P. Sloan Foundation, and divided into two phases. Phase II of the Project, which began in late 2014, set out to develop standards covering particular action items identified in Phase I through the creation of three NISO working groups. This document represents the output of the working group tasked with the following action items:

1. To come up with specific definitions for the terms commonly used in alternative assessment metrics, enabling different stakeholders to talk about the same thing; and

2. To identify the …

Food For Thought: Should Libraries Partner With Nonlibrary Search Engine Providers For Their Opacs And Discovery Layers?, Michelle Wu

Georgetown Law Faculty Publications and Other Works

Since the development of integrated library systems (ILS) in the 1970s, the focus of developers and librarians has been on the “integrated” aspect, but with the advances in technology, the time has come for libraries to consider whether a disaggregated system would better benefit their users. This article seeks to make the argument that the design of a user-friendly public interface to library systems is ideal for partnerships with the broader search engine industry; such an approach would enable participants to harness their respective strengths while simultaneously limiting the effect of their deficiencies

Procrastination In The Workplace: Evidence From The U.S. Patent Office, Michael D. Frakes, Melissa F. Wasserman

Faculty Scholarship

Despite much theoretical attention to the concept of procrastination and much exploration of this phenomenon in laboratory settings, there remain few empirical investigations into the practice of procrastination in real world contexts, especially in the workplace. In this paper, we attempt to fill these gaps by exploring procrastination among U.S. patent examiners. We find that nearly half of examiners’ first substantive reports are completed immediately prior to the operable deadlines. Moreover, we find a range of additional empirical markers to support that this “end-loading” of reviews results from a model of procrastination rather than various alternative time-consistent models of behavior. …

The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, David Fagundes

Faculty Scholarship

Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no economic harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-economic harms tend to stifle rather than encourage creative production. While much scholarship has critiqued copyright’s economic theory from the perspective of authors’ incentives to create, ours is the first to explore this issue from the perspective of owners’ motivations to sue for infringement. We turn to moral psychology, and in particular to moral …

Strengthening Research Through Data Sharing, Elizabeth Warren

Copyright, Fair Use, Scholarly Communication, etc.

Data sharing has incredible potential to strengthen academic research, the practice of medicine, and the integrity of the clinical trial system. Some benefits are obvious: when researchers have access to complete data, they can answer new questions, explore different lines of analysis, and more efficiently conduct large-scale analyses across trials. Other advantages, such as providing a guardrail against conflicts of interest in a clinical trial system in which external sponsorship of research is common and necessary, are less visible yet just as critical. I appreciate that there are many policy, privacy, and practical issues that need to be addressed in …

Converting Scholarly Journals To Open Access: A Review Of Approaches And Experiences, David J. Solomon, Mikael Laakso, Bo-Christer Björk, Peter Suber Editor

Copyright, Fair Use, Scholarly Communication, etc.

This report identifies ways through which subscription-based scholarly journals have converted their publishing models to open access (OA). The major goal was to identify specific scenarios that have been used or proposed for transitioning subscription journals to OA so that these scenarios can provide options for others seeking to “flip” their journals to OA. The report is based on the published literature as well as “gray” literature such as blog posts and press releases. In addition, interviews were conducted with eight experts in scholarly publishing. The report identifies a variety of goals for converting a journal to OA. While there …

Recommendations For Standardized International Rights Statements, Rightsstatements.Org, International Rights Statements Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Europeana, the Digital Public Library of America (DPLA), and many other 1 2 libraries, archives and other cultural heritage institutions believe that everyone should be able to engage with their cultural heritage online. We can help achieve this by giving cultural heritage institutions simple and standardized terms to summarize the copyright status of Works in their collection and how they may be used. These simple and standardized terms we call “Rights Statements.” Providing this information is essential for those who wish to actively engage with the Works they find online. Can they use it in a school report? Print it …