Intellectual Property Law Commons^™

Complexities Behind The Javanese Shrounds: Unraveling Textile Symbolism For The Dead Through Mikhail Bakhtin’S Heteroglossia, Asha Kun Nayla Faizin, Ganang Dwi Kartika

International Review of Humanities Studies

The shroud, a textile used to wrap and accompany humans in death, is far from a simple object. Within Islamic traditions, the white cloth applied to the deceased's body takes on various changes, modifications, and deeper meanings when individuals contextualize their own beliefs and experiences through it. This study focuses on the shroud's role in Islamic death rituals in Java, revealing a multiplicity of meanings as theorized by Mikhail Bakhtin's concept of heteroglossia. By employing a pragmatic semiotic approach, this research interprets and analyses the symbols that emerge from the contextualization of these textiles within Javanese death rituals. The study’s …

Towards Resolution: Comparative Lessons For Advancing Peace And Justice In Papua, Tagor Hutapea, Alexander Evan

International Review of Humanities Studies

The conflict in Papua represents a complex interplay of identity, sovereignty, and historical grievances, shaped by structural violence and socio-political exclusion. This study explores strategies for advancing peace-building and justice in Papua, drawing on Johan Galtung’s theory of peace and conflict and comparative lessons from the Aceh conflict in Indonesia and the Irish Republican Army’s (IRA) struggle in South Ireland. The findings emphasize the importance of addressing root causes such as historical injustices, economic inequality, and cultural exclusion. Inclusive governance and dialogues that respect ethnic diversity and local identities are critical to creating sustainable solutions. Case studies reveal that effective …

Social Media Optimization Of Ramampa Resto & Bar As A Visual Strategy, Monique Pricilya Oei, Aniendya Christianna

International Review of Humanities Studies

In the digital era, social media has become an important marketing tool for businesses, including the culinary industry. This study examines the use of motion graphics to develop the social media presence of Rarampa Resto and Bar, a restaurant serving Manado cuisine and healthy MSG-free food, located in South Jakarta. Although the restaurant has a loyal customer base, particularly from the 40-60 age group, its social media content fails to attract younger audiences, especially millennials, who seek unique and authentic culinary experiences. This study suggests that Rarampa's social media content, which mainly focuses on event photography and the restaurant's ambiance, …

The Construction Of The Image Of The “Ideal Wife” In Intercultural Marriages: A Case Study On The Youtube Video “Younger Singapore Men Looking For Vietnam Brides, Li Jie

International Review of Humanities Studies

This study explores the process of constructing the image of the “ideal wife” in intercultural marriages, using the video Younger Singapore Men Looking for Vietnam Brides as a case study. It analyzes the economic and cultural motivations of Singaporean men in choosing Vietnamese wives. By applying Judith Butler’s theory of gender performativity and Henri Tajfel’s social identity theory, the study examines how Vietnamese brides are symbolized as the “ideal partner” and how this phenomenon reflects modern gender role conflicts and identity reconstruction. Through an analysis of interviews in the video and relevant comments, the research reveals the dynamic interaction between …

Exploring The Ontological Basis Of Law: Joseph Raz's Views On Normativity Within The Framework Of Legal Realism, Artha Debora Ads Silalahi, Rizal Mustansyir, Sindung Tjahyadi

International Review of Humanities Studies

This study explores the moral ontology of law within the framework of Legal Realism, contextualizing law as both a social institution and an institution of justice. Drawing on Joseph Raz's perspectives on practical reason, normativity, and the foundations of norms, the analysis examines how law, as a practical guide, inherently carries moral dimensions in regulating social interactions and pursuing justice. Legal Realism frames law as a dynamic product of human interaction within a social context, while Raz's philosophical insights illuminate the interplay between practical reasoning, normativity, and legal structures. By focusing on the moral underpinnings of legal norms, this paper …

The Intricate Relationship Between Parents, Teachers And Media In Their Context Of Nation-Building, Emmanuel Olumuji

International Review of Humanities Studies

This study examines the intricate relationship between parents, teachers, and media in the context of nation-building, emphasizing their collective role in shaping societal values and fostering holistic development. Drawing insights from scholarly literature and empirical studies, the study considers the influence of parents, teachers, and media on child development, moral education, and civic engagement. The study underscores the pivotal role of educators in instilling moral values, critical thinking skills, and civic responsibility among students, thereby contributing significantly to the development of a nation's human capital. Moreover, the study highlights the media's potential as a catalyst for social change, advocating for …

China's Cultural Diplomacy And Its Engagement With The Peranakan Community In Malacca, Kotchaphop Kornphetcharat, Lee Yuen Thien

International Review of Humanities Studies

China's cultural diplomacy utilizes a range of strategies, including cultural exchange programs, media outreach, and people-to-people interactions, to further its national interests and enhance its international image. The primary aims are to foster a positive perception of China, build mutual understanding and trust with other nations, and expand China's cultural and economic influence. The overseas Chinese community in Southeast Asia has been recognized as a crucial conduit for advancing Chinese cultural policy globally. Recently, the Chinese government has conducted official visits to the Baba & Nyonya Heritage Museum in Malacca, Malaysia, exemplifying its efforts to engage with the local community. …

Plurality Of Countable Nouns In Chinese And Indonesian: Morphological And Syntactic Perspectives With Pedagogical Implications, Hatmi Idris

International Review of Humanities Studies

This study investigates the plural meaning and expression of countable nouns in Chinese and Indonesian from morphological and syntactic perspectives and explores implications for language pedagogy. Although both languages encode plurality, they employ distinct mechanisms, which may pose challenges for Indonesian learners of Chinese. Using a qualitative, literature-based approach, data were drawn from scholarly studies, Chinese teaching materials, and reference sources such as dictionaries. Analysis focused on morphological markers, including affixation and reduplication, as well as syntactic structures, such as numeral–classifier phrases and quantifiers constructions. The findings show that Chinese expresses plurality through the suffix –men, classifier-based syntactic patterns, …

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

A New Framework For Drug Pricing Law And Policy, Rachel Sachs

Scholarship@WashULaw

Scholars and policymakers have expressed concern about the impact of high prescription drug costs on patients and healthcare budgets. This Article presents a new theoretical framework for evaluating both the problem to be addressed by drug pricing reforms as well as the efficacy of potential solutions. In seeking to solve “the drug pricing problem,” our legal system has given primacy to competition rather than regulation to drive down drug prices. This Article disaggregates the broader concept of “the drug pricing problem” into four steps, each of which must be addressed and each of which elevates different institutional actors to key …

Copyright And Artificial Intelligence, Part 2: Copyrightability

Copyright, Fair Use, Scholarly Communication, etc.

This report by the United States Copyright Office addresses the legal and policy issues related to artificial intelligence (AI) and copyright as outlined in the Office’s August 2023 Notice of Inquiry (NOI).

The report will be published in several parts each one addressing a different topic. This part addresses the copyrightability of works created using generative AI. The first part, published in 2024, addresses the topic of digital replicas—the use of digital technology to realistically replicate an individual’s voice or appearance. A subsequent part will turn to the training of AI models on copyrighted works, licensing considerations, and allocation of …

United States Environmental Protection Agency Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US EPA SIP

Going Generic: A Linguistics Approach To Genericide In Trademark Law, James A. Heilpern, William G. Eggington, Earl Kjar Brown, Zachary D. Smith

BYU Law Review

This Article examines the phenomenon of trademark genericide—the process by which once-protected brand names like “escalator” and “trampoline” lose their legal status by becoming synonymous with entire product categories. Traditional methods used by courts to assess genericide, such as consumer surveys and dictionary definitions, are often criticized for their subjectivity and lack of scientific rigor. In response, this Article introduces corpus linguistics as a more reliable, data-driven alternative for determining whether a trademark has become generic.

By analyzing real-world language usage through large corpora, corpus linguistics can track the public’s shifting perceptions of a trademark over time. Using case studies …

Legal Chefs’ Appetizing Taglines To Engage Consumers In The Age Of Social Media: The Struggle Against Trademark Genericide, Emily Mcdonald

Journal of Food Law & Policy

Many have heard the phrases “raisin bran,” “escalator,” “nylon,” and “aspirin,” all of which are “old” trademarks that have undergone genericide. Genericide occurs when a trademark has become common from the customer’s perspective concerning specific goods or services rather than associated with the source, which is usually the company that registered the trademark. In short, businesses are no longer able to use the trademark exclusively. Another common trademark phrase that became generic was “Taco Tuesday.” In light of the prolific use of social media today, recent data and statistics show that “food” has become a predominant category and trend on …

Intellectual Property, Global Inequality, And Subnational Policy Variations, Peter K. Yu

Faculty Scholarship

This chapter criticizes the oversimplification of the binary North–South debate on intellectual property, innovation, and global inequality and highlights the wide geographic, sectoral, and income inequalities within middle-income countries. It begins by explaining why the arrival of these countries has called into question the North–South debate. The chapter then moves from the widely studied subject of global inequality to the underexplored topic of national inequality. Focusing on the intellectual property context, the discussion highlights the considerable subnational variations in the economic and technological conditions of middle-income countries. To combat national inequality, this chapter concludes by recommending interventions in three areas: …

Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu, Francis Gurry, Keun Lee

Faculty Scholarship

While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles …

United States Fish And Wildlife Service Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

FWS response to OSTP memo, 2022: Public Access Plan (December 2024)

United States Environmental Protection Agency Response To The Ofiice Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

EPA response to OSTP memo, 2022: Public Access Plan (December 2024)

United States Department Of Defense Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

DOD response to OSTP memo, 2022: Public Access Plan (December 2024)

Acf Response To Ostp Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

ACF response to OSTP memo, 2022: Public Access Plan (December 2024)

Introduction To Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu

Faculty Scholarship

This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.

Construction Of Data Factor Circulation Law System In The United States And Its Reflection For China, Zihan Lin, Youmei Ma, Feng Guo

Bulletin of Chinese Academy of Sciences (Chinese Version)

As a pioneer country in the global digital economy, the United States has established a relatively complete system for the circulation of data elements. The focus is on government data openness, with the United States forming a legislative system for data openness at both federal and state levels to ensure data freedom and openness. In the field of personal data trading, the United States has established a relatively relaxed legal environment and data brokers to promote data circulation and trading. At present, China is actively promoting the market-oriented allocation reform of data elements, building a multi-level data element market, and …

Feasibility Of Technical Solutions For The Detection Of Falsified Images In Research, Phill Jones, Hylke Koers

Copyright, Fair Use, Scholarly Communication, etc.

In this report, we discuss the findings of an investigation into the feasibility of developing a research image integrity system. The focus was primarily on immunohistochemistry blots and microscopy images, although the findings are relevant to other types of research images such as gel blots and spectroscopy, geophysical, or astronomical images, as well as to any digital data type. The investigation comprised a mix of desk research and semi-structured (anonymized) interviews with nine stakeholders representing publishers, researchers, technologists, and microscopy companies.

We found that it would be possible to implement a system to assert image integrity and that the technology …

Review: Copyright For Scholars: Osmosis Doesn’T Do The Trick Anymore, Janet Brennan Croft

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Reviews of:

Kevin L. Smith. Owning and Using Scholarship: An IP Handbook for Teachers and Researchers. American Library Association, 2014. 240 pages. ISBN: 978-083898747-6.

Kenneth Crews. Copyright Law for Librarians and Educator: Creative Strategies and Practical Solutions, 3rd edition. American Library Association, 2012. 192 pages. ISBN: 978-0-8389-1092-4.

Rebecca P. Butler. Copyright for Academic Librarians and Professionals. American Library Association, 2014. 278 pages. ISBN: 978-0-8389-1214-0.

Russell, Carrie. Complete Copyright for K-12 Librarians and Educators. American Library Association, 2012. 172 pages. ISBN: 978-0-8389-1083-2.

Access To Science And Scholarship: Building An Evidence Base To Support The Future Of Open Research Policy, Clarke & Esposito

Copyright, Fair Use, Scholarly Communication, etc.

Today, the MIT Press is releasing a comprehensive report that addresses how open access policies shape research and what is needed to maximize their positive impact on the research ecosystem.

The report, entitled “Access to Science & Scholarship 2024: Building an Evidence Base to Support the Future of Open Research Policy,” is the outcome of a National Science Foundation-funded workshop held at the D.C. headquarters of the American Association for the Advancement of Science on September 20, 2024.

While open access aims to democratize knowledge, its implementation has been a factor in the consolidation of the academic publishing industry, an …

United States Centers For Disease Control And Prevention Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US CDC SIP

The Evolution Of Irs: A Brief History, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

A history of institutional (and other) repositories 1980-2022: precursors and preconditions, environmental survey, 1990s the groundwork, 2000s the beginnings, 2010s expansion and rise of metrics, mergers and acquisitions, growth, features, nay-sayers and hesitations, the download button, Dear Author messages, progression of strategies, expert advice, what happened and what didn't, evolutionary radiation, advantages and opportunities.

A video of the preentation is at

https://www.youtube.com/watch?v=XFGjcrD-r64&list=PLO_aItZ7W0896xPLSSeq8nRcxZVMyd-ag

Classifying Open Access Business Models, Tasha Mellins-Cohen

Copyright, Fair Use, Scholarly Communication, etc.

The proliferation of open access (OA) business models has been rapid, presenting challenges for stakeholders in communicating and working effectively with one another. This article aims to clarify terminologies and address the inconsistencies and gaps in previous attempts to categorize OA models, supporting informed decision-making. It presents five core types, each with distinct characteristics and implications for funding, equity, and implementation. Operating at the level of individual pieces of content, transactional models expose authors to the financial implications of their decisions to make content OA; they often must pay out of their own funds. Driven by negotiations between libraries or …

United States Department Of Homeland Security Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

United States Department of Homeland Security Scientific Integrity Policy

United States Department Of Health And Human Services Scientific Integrity Policy (September 16, 2024)

Copyright, Fair Use, Scholarly Communication, etc.

United States Department of Health and Human Services Scientific Integrity Policy (September 16, 2024)