Intellectual Property Law Commons^™

Open Educational Resources: Policy, Costs And Transformation, Fengchun Miao, Sanjaya Mishra, Rory Mcgreal

Copyright, Fair Use, Scholarly Communication, etc.

Open Educational Resources (OER) — teaching, learning and research materials that their owners make free for others to use, revise and share — offer a powerful means of expanding the reach and effectiveness of worldwide education.

The Commonwealth of Learning (COL) and UNESCO co-organised the World OER Congress in 2012 in Paris. That Congress resulted in the OER Paris Declaration: a statement that urged governments around the world to release, as OER, all teaching, learning and research materials developed with public funds.

This book, drawing on 15 case studies contributed by 29 OER researchers and policy-makers from 15 countries across …

United States Geological Survey (Usgs) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (January 2016)

Copyright, Fair Use, Scholarly Communication, etc.

USGS response to OSTP memo, 2013: Public Access Plan (January 2016)

H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock

Copyright, Fair Use, Scholarly Communication, etc.

A bill put forth during the first Session of the 114th Congress to establish the United States Copyright Office as an independent agency, and for other purposes. This Act may be cited as the "Copyright Office for the Digital Economy Act."

Proposes enacting changes to Section 701 and Section 408 of Title 17 of the United States Code to remove the United States Copyright Office from the Legislative branch of the federal government and move it to the Executive branch of the federal government, along with proposals for associated transfer of administrative and technical functions.

Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn

Research Collection Yong Pung How School Of Law

There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean …

United States Veteran's Affairs Agency (Va) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (July 2015)

Copyright, Fair Use, Scholarly Communication, etc.

VA response to OSTP memo, 2013: Public Access Plan (July 2015)

Freedom In My Heart, Karen Sandler

Events

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Presentations

In this talk I discuss the results of a survey of Canadian university faculty members undertaken from October to December 2014. The survey sought to determine teaching faculty awareness of copyright law and institutional policy and training, and how they would respond in various scenarios.

Analysis of the results suggests that while faculty members are aware of the existence of their institution's copyright policy, much fewer know whether their institution offers training. Of those who do know about training, only one-third have attended. However, faculty who have attended copyright training find that their knowledge is enhanced by the experience.

It …

Integration Of Information Literacy Skills To Mechanical Engineering Capstone Projects, Farshid Zabihian, Mary L. Strife, Marian G. Armour-Gemmen

Faculty & Staff Scholarship

Searching for information and using that information appropriately is an essential part of every engineering design project. It has been reported that design engineers spend about 30% of their time searching for information. Experience shows that even senior level students have not received proper training, either directly or indirectly, in information literacy (IL). They usually search for information intuitively. For mechanical and aerospace engineering students at West Virginia University Institute of Technology (WVU Tech), the Mechanical Engineering System Design I and II courses (MAE 480 and 481) are probably the last chance to teach students about IL. In this project, …

10 Things You Should Know About...Scholarly Communication, Molly Keener, Joy Kirchner, Sarah Shreeves, Lee Van Orsdel

Copyright, Fair Use, Scholarly Communication, etc.

For its general concept, the authors are deeply indebted to the EDUCAUSE “Seven Things You Need to Know About…” reports.

United States National Science Foundation (Nsf) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (March 2015)

Copyright, Fair Use, Scholarly Communication, etc.

NSF response to OSTP memo, 2013: Public Access Plan (March 2015)

The Stm Report: An Overview Of Scientific And Scholarly Journal Publishing, Mark Ware, Michael Mabe

Copyright, Fair Use, Scholarly Communication, etc.

Contents

Executive summary ● Scholarly communication ● The research cycle ● Types of scholarly communication ● Changes in scholarly communication system ● The journal ● What is a journal? ● The journals publishing cycle ● Sales channels and models ● Journal economics and market size ● Journal and articles numbers and trends ● Global trends in scientific output ● Authors and readers ● Publishers ● Peer review. ● Reading patterns ● Disciplinary differences ● Citations and the Impact Factor ● Costs of journal publishing ● Authors’ behaviour, perceptions and attitudes ● Publishing ethics ● Copyright and licensing ● Long term …

Fair Use Fundamentals, Association Of Research Libraries, Yippa

Copyright, Fair Use, Scholarly Communication, etc.

Copyright law is a carefully balanced system meant to encourage creativity as well as cultural and scientific progress. The law encourages authors by giving them limited control over certain uses of their works, and it encourages everyone (including authors) to use existing cultural and scientific material without permission, under certain circumstances, to engage in a wide variety of vital activities. Many parts of the law favor the freedom to use culture, but by far and away the most flexible, powerful, and universal user’s right is fair use. As you’ll see below: fair use is a right, fair use is vitally …

Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-in-residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.

Exploring the implications of one critically important case for research libraries, Jonathan Band, legal counsel to the …

United States National Oceanographic And Atmospheric Administration Plan For Increasing Public Access To Research Results: A Response To The White House Office Of Science And Technology Policy Memorandum 'Increasing Access To The Results Of Federal Funded Scientific Research,' Issued February 22, 2013

Copyright, Fair Use, Scholarly Communication, etc.

NOAA plan for increasing public access to research results : a response to the White House Office of Science and Technology Policy memorandum 'Increasing access to the results of Federal funded scientific research' issued February 22, 2013

United States Department Of Defense (Dod) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (February 2015)

Copyright, Fair Use, Scholarly Communication, etc.

DOD response to OSTP memo, 2013: Public Access Plan (February 2015)

Access To Scientific Data In The 21st Century: Rationale And Illustrative Usage Rights Review, James Campbell

Copyright, Fair Use, Scholarly Communication, etc.

Making scientific data openly accessible and available for re-use is desirable to encourage validation of research results and/or economic development. Understanding what users may, or may not, do with data in online data repositories is key to maximizing the benefits of scientific data re-use. Many online repositories that allow access to scientific data indicate that data is “open,” yet specific usage conditions reviewed on 40 “open” sites suggest that there is no agreed upon understanding of what “open” means with respect to data. This inconsistency can be an impediment to data re-use by researchers and the public.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Publications

This article describes the background, methodology, and results of a study undertaken in 2014 to determine university faculty awareness and perceptions of copyright as it affects their teaching. An online survey questionnaire was distributed to teaching faculty across Canada, seeking feedback about the copyright policies and training opportunities at their institutions, where they go for copyright assistance, and how they would respond to various copyright-related scenarios that may arise in the course of teaching.

Most of the respondents are aware of the copyright policies or guidelines at their universities, but much fewer know whether or not their institution offers copyright …

Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho

Library Faculty and Staff Publications

No abstract provided.

When Is Hacking Ethical?, Sharif Rezazadehsaber

Legacy Theses & Dissertations (2009 - 2024)

This thesis examines situations in which computer hacking might be considered ethical. It addresses fundamental questions regarding the motivation and consequences of ethical hacking. The paper is organized into three sections. The first section discusses the history of hackers, classifies them according to their motivational background. The second part of the paper comprehensively describes the features of the ethical or “white hat” hacker group, and explores the positive and negative behaviors of ethical hackers in relation to their ethical principles. In the final section of the paper, I discuss hacktivist groups, their unique ideologies, and the risks they face, including …

Promoting Innovation, Matthew Sag, Spencer Weber Waller

Faculty Articles

This Essay proceeds as follows. We briefly introduce the concept of creative destruction and its place in Schumpeter’s work in Part II. In Part III we explain why a truly Schumpeterian competition policy demands more than a laissez faire approach. We explain why the law must preserve opportunities and incentives for creative destruction at all stages of innovation and we review four key policy areas of antitrust law from this innovation-focused perspective: unilateral conduct cases (Part III.A), cases at the intersection of IP and antitrust (Part III.B), Sherman Act section 1 cases (Part III.C), and merger policy (Part III.D). In …

Copyright Trolling, An Empirical Study, Matthew Sag

Faculty Articles

This Article proceeds as follows: Part II locates MDJD suits within the broader context of the IP troll debate. It explains why attempts to define copyright trolls in terms of status—i.e., in terms of the plaintiff’s relationship to the underlying IP—are ultimately flawed and suggests a conduct-focused approach based on identifying systematic opportunism. Part II explains why MDJD lawsuits have all of the hallmarks of copyright trolling, and it explores the basic economics of MDJD litigation. It then presents empirical data documenting the astonishing rise of MDJD lawsuits over the past decade. Part III explores the role of statutory damages …

Framing The Question, "Who Governs The Internet?", Robert J. Domanski

Publications and Research

There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …

Impact Of Intellectual Property Promotion For Small And Medium Sized Enterprises (Smes) In South Korea: An Examination Of Ip Star Program Impact, Jongseok Yoon

MPA/MPP/MPFM Capstone Projects

The creation of new processes and technology - in a word, innovation - is a powerful factor that determine s the progress of economies. The creation of new processes and technology can be accelerated by Intellectual Property Rights (IPRs).

However, many Small and Medium-sized Enterprises (SMEs) do not get the most out of their use of the intellectual property, even though they represent over 90 percent of enterprise s in South Korea. As a result, the Korean Intellectual Property Office (KIPO) has initiated support services for Small and Medium-sized Enterprises.

This study 's main focus is to examine the impact …

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.

Understanding Rights Reversion: When, Why, & How To Regain Copyright And Make Your Book More Available, Nicole Cabrera, Jordyn Ostroff, Brianna Schofield

Copyright, Fair Use, Scholarly Communication, etc.

Are you an author who would like to increase your book’s availability? Have you already entered into a publishing agreement for your book? If you answered “yes” to both of these questions, then read on! This guide addresses the needs of authors who wish to make their works available to a wider audience in ways that may be prohibited by the terms of their existing publishing agreements.

For example, this guide will help authors who want to do things like: • Bring their out-of-print books back into print • Publish digital versions of their books • Make their books openly …

Mapping The Future Of Scholarly Publishing, Open Science Initiative Working Group

Copyright, Fair Use, Scholarly Communication, etc.

The Open Science Initiative (OSI) is a working group convened by the National Science Communication Institute (nSCI) in October 2014 to discuss the issues regarding improving open access for the betterment of science and to recommend possible solutions. The following document summarizes the wide range of issues, perspectives and recommendations from this group’s online conversation during November and December 2014 and January 2015. The 112 participants who signed up to participate in this conversation were drawn mostly from the academic, research, and library communities. Most of these 112 were not active in this conversation, but a healthy diversity of key …

The Mcdonaldization Of Academic Libraries?, Brian Quinn

Copyright, Fair Use, Scholarly Communication, etc.

George Ritzer, a sociologist at the University of Maryland, has proposed an influential thesis that suggests that many aspects of the fast food industry are making their way into other areas of society. This article explores whether his thesis, known as the McDonaldization thesis, is applicable to academic libraries. Specifically, it seeks to determine to what extent academic libraries may be considered McDonaldized, and if so, what effect McDonaldization may be having on them. It also investigates some possible alternatives to McDonaldization, and their implications for academic libraries.

The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew

Contributions to Books

This Essay, a chapter published in the book Hollywood and the Law (Palgrave Macmillan / British Film Institute, 2015), explores how courts have sought to balance the competing interests at stake when filmmakers make unauthorized uses of trademarks in their work and brand owners threaten liability for infringement. Using the seminal Rogers v. Grimaldi decision as a key pivot point, the Essay traces the remarkable change in approaches that courts have taken to First Amendment defenses in trademark cases in the past few decades. In presenting case studies of two opinions -- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. …

Abc V. Aereo And The Humble Judge, James Y. Stern

Faculty Publications

No abstract provided.

China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson

Research Collection Yong Pung How School Of Law

China is the key emerging market for international technology companies. Smart, well-informed IP and business strategies are required if companies are to make the most of what the country has to offer.