Intellectual Property Law Commons^™

The Impact Of State And Federal Policies On Academic Researchers: Findings From A National Survey, Dylan Ruediger, Chelsea Mccracken, Jonathan Barefield

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Key findings

● State and federal policies targeting divisive concepts or DEI are shaping research agendas at scale and across disciplines. Twenty percent of all respondents, and 29 percent of researchers working in states with divisive concepts or similar laws, reported having avoided certain research topics because of state laws and policies.

● Eight percent of respondents representing a wide range of disciplines reported having had a federal grant cancelled in 2025.

● Eleven percent of respondents reported that federal and state policies restricting research activities are compelling them to seek employment out of state, to leave the academy, or …

Addressing Legal Uncertainties In Article Versions And Institutional Copyright Policies To Support Immediate Public Access To Federal Grant-Funded Publications, Yuanxiao Xu

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New federal public access policies—mandated by the 2022 OSTP Memo and already adopted by several key federal grant-making agencies—require authors funded by federal grants to deposit peer-reviewed publications for immediate public access. This paper explains how grant- receiving institutions and their affiliated authors can dispel legal uncertainties and comply with the new public access policies. Section I delineates how valid prior licenses enable public deposit of manuscripts notwithstanding later publishing agreements transferring copyright to the journals. Section II discusses the different versions of a manuscript created during the publication process. Section III describes the different types of third-party contributions incorporated …

Futurescape Libraries Ai Toolkit, Keith Webster

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A toolkit developed to explore scenario-specific strategies and activities that research libraries can undertake to prepare for various possible AI-influenced futures. The toolkit integrates the ARL/CNI AI Scenarios published in spring 2024 along with priorities trialed and refined by strategic thinkers working directly in, or adjacent to, the research library field during a Strategic Implications forum held December 7–8, 2024, in Washington, DC.

The Impact Of Ai Bots And Crawlers On Open Repositories: Results Of A Coar Survey, April 2025, Kathleen Shearer, Paul Walk

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There are a growing number of AI bots crawling repositories. These automated bots, or crawlers, navigate the internet, gathering data and indexing information for search engines, AI and large language models, and other purposes. While some bots are rather innocuous, others are sufficiently aggressive that they are increasingly causing service disruptions in repositories (and other scholarly communications infrastructures). To learn more about the current state and gain a better understanding about the impact of bots and crawlers on repositories, COAR distributed a survey to members in April 2025. The survey received 66 responses from repositories around the world (22 from …

Ensuring Free, Immediate, And Equitable Access To Federally Funded Research (August 25, 2022)

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Ensuring Free, Immediate, and Equitable Access to Federally Funded Research (August 25, 2022)

United States Environmental Protection Agency Scientific Integrity Policy

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US EPA SIP

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

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DOD 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)

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

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

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

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

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

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

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

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The comprehensive report is the outcome of a National Science Foundation-funded workshop, identifying critical issues in open access publishing and how to address them

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 …

United States Centers For Disease Control And Prevention Scientific Integrity Policy

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US CDC SIP

The Evolution Of Irs: A Brief History, Paul Royster

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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

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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

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United States Department of Homeland Security Scientific Integrity Policy

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

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

Antitrust Class Action To Challenge Collusion Among The World’S Six Largest For-Profit Publishers Of Peer-Reviewed Scholarly Journals, Lucina Uddin, Dean M. Harvey, Jallé H. Dafa, Benjamin A. Trouvais, Emily N. Harwell, Benjamin D. Elga, Janet Herold

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Scholar and scientist Dr. Lucina Uddin (the “Scholar Plaintiff”) brings this antitrust class action to challenge collusion among the world’s six largest for-profit publishers of peer-reviewed scholarly journals: (1) Elsevier B.V.; (2) Wolters Kluwer N.V.; (3) John Wiley & Sons, Inc.; (4) Sage Publications, Inc.; (5) Taylor and Francis Group, Ltd.; and (6) Springer Nature AG & Co. KGaA (collectively, the “Publisher Defendants”). In violation of Section 1 of the Sherman Act, the Publisher Defendants conspired to unlawfully appropriate billions of dollars that would have otherwise funded scientific research (the “Scheme”).

The Publisher Defendants’ Scheme has three primary components. First, …

United States National Aeronautics And Space Administration (Nasa) Scientific Integrity Policy

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US NASA Scientific Integrity Policy

Centering Relationality And Care For Stewardship Of Indigenous Research Data, Miranda Belarde-Lewis, Sandra Littletree, Iisaaksiichaa Ross Braine, Kaitlin Srader, Nestor Guerrero, Carole L. Palmer

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The CARE Principles for Indigenous Data Governance are a seminal advance in the stewardship of Indigenous data. The Data Services for Indigenous Scholarship and Sovereignty (DSISS) project is working to guide how research libraries and data repositories can apply the CARE principles to support scholars of Indigenous culture and language. Building on a set of foundational case studies of Indigenous scholarship, this paper reports on analysis of formal engagement activities with scholars, Indigenous community members, and information and data professionals. We discuss three prominent themes—ownership, trust, and relational accountability—and their implications for concrete steps toward implementation of the CARE principles …

Unrestricted Versus Regulated Open Data Governance: A Bibliometric Comparison Of Sars-Cov-2 Nucleotide Sequence Databases, Nathanael Sheehan, Federico Botta, Sabina Leonelli

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Two distinct modes of data governance have emerged in accessing and reusing viral data pertaining to COVID-19: an unrestricted model, espoused by data repositories part of the International Nucleotide Sequence Database Collaboration and a regulated model promoted by the Global Initiative on Sharing All Influenza data. In this paper, we focus on publications mentioning either infrastructure in the period between January 2020 and January 2023, thus capturing a period of acute response to the COVID-19 pandemic. Through a variety of bibliometric and network science methods, we compare the extent to which either data infrastructure facilitated collaboration from different countries around …

Are Researchers Citing Their Data? A Case Study From The U.S. Geological Survey, Grace C. Donovan, Madison L. Langseth

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Data citation promotes accessibility and discoverability of data through measures carried out by researchers, publishers, repositories, and the scientific community. This paper examines how a data citation workflow has been implemented by the U.S. Geological Survey (USGS) by evaluating publication and data linkages. Two different methods were used to identify data citations: examining publication structural metadata and examining the full text of the publication. A growing number of USGS researchers are complying with publisher data sharing policies aimed to capture data citation information in a standardized way within associated publications. However, inconsistencies in how data citation information is documented in …

Road To A Chemistry-Specific Data Management Plan, Daniela Adele Hausen, Ann-Christin Andres, Jochen Ortmeyer, Sonja Herres-Pawlis

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In order to develop a discipline-specific data management plan (DMP) template, it is important to obtain information from researchers. For a chemistry-specific template, NFDI4Chem conducted a series of interviews with 27 participants and used data from the RDA WG Discipline-specific Guidance for DMP online survey.

The interviews showed that the implementation of research data management in everyday work is a big challenge. Key findings from the interview series highlight challenges in implementing FAIR principles, with a focus on “Findability” and “Reusability.” The importance of linking physical samples and data in chemistry is emphasised, with discussions on storage, archiving, and the …

Five Suggestions Towards User-Centred Data Repositories In The Social Sciences, Elias Herman Kruithof, Christophe Vanroelen, Laura Van Den Borre

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Data repositories for the social sciences are facing some discipline-specific challenges. This essay provides an overview of the four key challenges. In addition, five suggestions are made to strengthen domain-specific online data repositories in the social sciences, supported by good practices. Using a user-centred approach, these suggestions aim to further open up the social sciences data landscape. The essay first addresses insights regarding the sharing of quantitative and qualitative data in light of the specific needs and issues regarding these two types of data. Thereafter, we suggest (i) ‘data labs’ for novice data re-users, (ii) advocate for the repository as …

United States Centers For Medicare And Medicaid Services (Cms) Plan To Enhance Public Access To The Results Of Cms-Supported Research Frequently Asked Questions (Faqs)

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CMS Public Access Policy Frequently Asked Questions (PDF)

United States Centers For Medicare And Medicaid Services (Cms) Plan To Enhance Public Access To The Results Of Cms-Supported Research

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CMS Public Access Plan and Policy (PDF)

Icolc Statement On Ai In Licensing, International Coalition Of Library Consortia

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The International Coalition of Library Consortia (ICOLC) statement on artifical intelligence in licensing.

Usaid Response To Ostp Memo, 2022: Public Access Plan (March 2024)

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USAID response to OSTP memo, 2022: Public Access Plan (March 2024)

United States National Science Foundation (Nsf) Scientific Integrity Policy

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United States National Science Foundation (NSF) Scientific Integrity Policy