Intellectual Property Law Commons^™

Printable Schedule, Texas Medical Center Library

Lecture Series on E-Science

No abstract provided.

In Support Of The Trips Agreement, Amanda Jakobsson, Paul S. Segerstrom

Research Collection School Of Economics

This paper challenges the conventional wisdom that the TRIPs agreement is bad for developing countries. We present a dynamic general equilibrium model of North-South trade that allows us to study the implications of stronger intellectual property rights (IPR) protection and simultaneous trade liberalization. In our model, stronger IPR protection in the South (TRIPs) leads to more innovation in the North, more technology transfer to the South and higher long-run southern consumer welfare. The South also benefits from trade liberalization but the welfare gains from TRIPs are considerably larger.

Expanding Public Access To The Results Of Federally Funded Research, Joan Giesecke

Copyright, Fair Use, Scholarly Communication, etc.

The complete collection of articles resulting from publicly funded research should be made freely accessible, so that the public can fully use them – (i.e. text mine, data mine, compute on them, create derivative works) without commercial restriction.

Public access policies can be successfully implemented by respecting and working within the current copyright framework.

The federal government is the appropriate entity to provide permanent stewardship of these articles, and is in a unique position to ensure that publicly funded articles are permanently preserved, made accessible, and useable.

Publishers are one player that might be encouraged to participate in public/private partnership …

Counterfeits, Copying And Class, Ann Bartow

Law Faculty Scholarship

Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) "knockoffs," in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible …

Review Essay, Property Outlaws: How Squatters, Pirates, And Protesters Improve The Law Of Ownership By Eduardo Moisés Peñalver And Sonia K. Katyal, Ann Bartow

Law Faculty Scholarship

[Excerpt] "This book challenges the notion that rigidly fostering stability in the private ownership of property is the only appropriate goal of the legal system. The authors assert that dynamic sociopolitical responses to civil disobedience by lawbreakers sometimes propel beneficial legal reforms in a wide array of contexts. Property outlaws with clean hands and good hearts, they argue, can productively draw attention to the need to reform ossified property laws. In the words sometimes attributed to the historical rock star of successful civil disobedience Mohandas Ghandi: “First they ignore you, then they ridicule you, then they fight you, and then …

Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino

FIMS Publications

In 2012, the British Columbia government announced a plan to fund a program that will result in the creation of open access textbooks for 40 lower-year university courses — the first such program in any of the provinces. This paper will argue that Ontario should follow British Columbia’s lead and invest in the development of a project to create and promote the use of open textbooks. The introduction will discuss the concept of open textbooks and the various initiatives and legislation that have been introduced in the United States, and British Columbia’s plan will be described in more detail. The …

Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler

UIC Law Open Access Faculty Scholarship

Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …

An Information-Gathering Approach To Copyright Policy, Peter Dicola, Matthew Sag

Faculty Articles

For over a century and with increasing frequency, major controversies have erupted between large distributors of copyrighted works (song publishers, movie studios, record labels, book publishers, etc.) and makers of new technologies for experiencing those works (player piano manufacturers, VCR manufacturers, the creators of file sharing software, Google Books, etc.). Usually, the copyright owners and the technology firms reach a licensing deal-but not without some form of government intervention. Various institutions within the federal government have become involved in these disputes, using a variety of different mechanisms. This Article is a theoretical investigation of government intervention in these content-technology copyright …

The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele

Library Staff Publications

The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom.

A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei

Research Collection Yong Pung How School Of Law

The purpose of this article is to review the development of copyright law in Singapore over the past 25 years and to examine how public policy considerations have shaped legislative and judicial development of copyright law principles. The article begins with a review of legislative activity and includes a brief survey of the public consultation exercises that have taken place on reform proposals. Included is a discussion of statutory amendments in respect of exhaustion of rights and fair dealing. This is followed by a discussion of some copyright case law, with a view to identifying judicial copyright policy approaches and …

Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema

Scholarship@WashULaw

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …

Amendment Of Articles 8, 9, 10, 21 And 78 Of The International Code Of Zoological Nomenclature To Expand And Refine Methods Of Publication, International Commission On Zoological Nomenclature

Copyright, Fair Use, Scholarly Communication, etc.

The International Commission on Zoological Nomenclature has voted in favor of a revised version of the amendment to the International Code of Zoological Nomenclature that was proposed in 2008. The purpose of the amendment is to expand and refine the methods of publication allowed by the Code, particularly in relation to electronic publication. The amendment establishes an Official Register of Zoological Nomenclature (with ZooBank as its online version), allows electronic publication after 2011 under certain conditions, and disallows publication on optical discs after 2012. The requirements for electronic publications are that the work be registered in ZooBank before it is …

Libguide For Copyright, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

I. Can I use this material in a paper/article/project ?

II. Can I use this material for teaching a course ?

III. How do I get/keep copyright protection for my work ?

Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

Taking the Singapore Court of Appeal’s Decision in RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd [2011] 1 SLR 830, this article seeks to argue that the copyright fair dealing defence would have been the more appropriate basis to exempt RecordTV, a digital recording service for recording television programmes, from primary copyright liability. This judicial approach towards legalising digital video recorder (“DVR”) services is more suitable taking into consideration the following: The role and objectives of copyright law in Singapore; the history and development of the fair dealing defence (including the latest amendments pursuant to the US-Singapore Free Trade …

United States Environmental Protection Agency Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

United States Environmental Protection Agency Scientific Integrity Policy (2012).

United States Department Of Commerce Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US DOC SIP

Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger

Copley Library: Faculty Scholarship

Religion plays a major role in determining culture, and has an important effect on how laws are both written and enforced. The concept of intellectual property varies in different cultural traditions, and the dominant religion of a culture plays a major role in the how copyright is viewed and if it is respected or enforced. This paper briefly evaluates the cultures of three major religious and intellectual traditions to determine what, if any, effect their beliefs and values have on the respect for and enforcement of laws defending intellectual property and copyright.

Publishing Conference Proceedings And Events With Digitalcommons@Wsu, Jonathan Mcglone

Open Access Week

Learn how you can organize and present conference and event information on the web using DigitalCommons@WSU.

Publishing Open Access Journals With Digital Commons, Jonathan Mcglone

Open Access Week

Learn how the Library can help you launch an Open Access Journal using DigitalCommons publishing software.

Digitalcommons@Wsu: Visibility Of Your Scholarship Matters, Dave Stout

Open Access Week

Wayne State University Libraries is taking a leadership role in helping scholars at Wayne distribute their scholarship and creative works via the Digital Commons service. Why is this important to you? Because visibility of your academic output to other scholars and stakeholders, around the world, is important. Digital Commons helps to remove barriers (paywalls, access restrictions, etc...) to your scholarship that is a common aspect of traditional commercial publishing avenues, and increases the global reach of your scholarship. It's easy, effective, and it works!

Join Dave Stout, Director of Sales for Digital Commons at Berkeley Electronic Press, to learn more …

Readers' Copyright, Jessica Litman

Open Access Week

An open lecture on reclaiming copyright for readers, listeners, and viewers, given by University of Michigan Law professor Jessica Litman.

A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. Litman argues that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public …

What Is Open Access?, Jonathan Mcglone

Open Access Week

Come learn about the growing electronic publishing movement that seeks free access to scholarly materials -- Open Access. WSU Scholarly Communications Librarian Jon McGlone will introduce the topic, share examples of Open Access across North America and at Wayne State, and address some of the basic questions and issues Open Access raises.

Scholarly Communications Outreach: A Workshop For Librarians, Wsu Libraries Scholarly Communications Team

Open Access Week

This workshop will help liaison librarians in their scholarly communications and open access outreach efforts with faculty. Workshop will incorporate current videos created by BePress on outreach and discussion of these videos, and teach librarians the process behind adding faculty contributions to DigitalCommons@WSU, focusing on how to conduct permissions and rights checks for faculty publications that may be good additions to DigitalCommons@WSU and the deposit process.

Approaches To Open Data For Science In Spain, E Wulff-Barreiro

Copyright, Fair Use, Scholarly Communication, etc.

As observational data has attained new legal status, allowing their integration into open Internet systems, and experimental data continues to be assembled in common and free platforms, state of the art, easy to access data repositories have been designed in Spain. These repositories have removed many obstacles to re-utilization of GIS and other data. European legislation has also made advances in opening biodiversity data, including a European space in the Latin-American grid infrastructure. Open access biomedical repositories attract commercial attention while astronomical, meteorological, and oncological institutions promote data quality and access. This paper describes recent approaches to open access data …

Altmetrics: A Manifesto, Jason Priem, Dario Taraborelli, Paul Groth, Cameron Neylon

Copyright, Fair Use, Scholarly Communication, etc.

First paragraph:

No one can read everything. We rely on filters to make sense of the scholarly literature, but the narrow, traditional filters are being swamped. However, the growth of new, online scholarly tools allows us to make new filters; these alt-metrics reflect the broad, rapid impact of scholarship in this burgeoning eco-system. We call for more tools and research based on altmetrics.

Calling Bulls**T On The Lanham Act: The 2(A) Bar For Immoral, Scandalous, And Disparaging Marks, Megan M. Carpenter, Kathryn T. Murphy

Law Faculty Scholarship

As the Lanham Act approaches the age of 65, it is a good time to take stock of its application to, and place within, the object and purpose of trademark law. Trademark law seeks to promote fair competition by reducing consumer search costs and preventing confusion in the minds of consumers as to the source of goods and services. However, Section 2(a) of the Lanham Act prevents registration of marks that are “immoral,” “scandalous,” “disparaging,” “deceptive,” or which “create a false association” with persons, institutions, beliefs, or national symbols. The 2(a) bar expands trademark law well beyond its basic goals. …

Copyright And Democratization In Africa, John Mukum Mbaku

Brigham Young University International Law & Management Review

No abstract provided.

Mobilizing User-Generated Content For Canada’S Digital Content Advantage, Samuel E. Trosow, Jacquelyn Burkell, Nick Dyer-Witheford, Pamela J. Mckenzie, Michael B. Mcnally, Caroline Whippey, Lola Wong

Research Day (Arts & Humanities, FIMS, and Education)

The goal of the Mobilizing User-Generated Content for Canada’s Digital Content Advantage project is to define User-Generated Content (UGC) in its current state, identify successful models built for UGC, and anticipate barriers and policy infrastructure needed to sustain a model to leverage the further development of UGC to Canada's advantage.

This poster session is based on the report, Mobilizing User-Generated Content For Canada’s Digital Advantage (http://ir.lib.uwo.ca/fimspub/21/) and is related to the Brown Bag presentation also presented on March 23, 2011 (http://ir.lib.uwo.ca/fimspres/11/).

The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco

All Faculty Scholarship

No abstract provided.

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Librarian Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.