Intellectual Property Law Commons^™

Open And Equitable Scholarly Communications: Creating A More Inclusive Future, Nancy Maron, Rebecca Kennison, Paul Bracke, Nathan Hall, Isaac Gilman, Kara Malenfant, Charlotte Roh, Yasmeen Shorish

Copyright, Fair Use, Scholarly Communication, etc.

For many years, the academic and research library workforce has worked to accelerate the transition to more open and equitable systems of scholarship. While significant progress has been made, barriers remain. The Association of College and Research Libraries (ACRL) seeks to stimulate further advances through this action- oriented research agenda, which is designed to provide practical, actionable information for academic librarians; include the perspectives of historically underrepresented communities in order to expand the profession’s understanding of research environments and scholarly communication systems; and point librarians and other scholars toward important research questions to investigate. This report represents a yearlong process …

The Future Of Open Access Books: Findings From A Global Survey Of Academic Book Authors, Ros Pyne, Christina Emery, Mithu Lucraft, Anna Sophia Pinck

Copyright, Fair Use, Scholarly Communication, etc.

This report presents the findings from an online survey conducted in February and March 2019 to gather author feedback on open access (OA) books. Survey questions were designed to build on previous studies of OA for journal authors, as well as previous research on OA books, to assess the current awareness, attitudes and behaviours of authors who have and have not previously published OA. The raw anonymised data has been made freely available under a CC BY licence.2 Of 5,509 responses, 2,542 book authors completed the survey, and only these responses have been analysed here. Of these, 407 authors had …

Coalition S: Accelerating The Transition To Full And Immediate Open Access To Scientific Publications, Science Europe

Copyright, Fair Use, Scholarly Communication, etc.

Part I: The Plan S Principles: “With effect from 2021, all scholarly publications on the results from research funded by public or private grants provided by national, regional and international research councils and funding bodies, must be published in Open Access Journals, on Open Access Platforms, or made immediately available through Open Access Repositories without embargo.”

Part II: Guidance on the Implementation of Plan S 1. Aim and Scope Plan S aims for full and immediate Open Access to peer-reviewed scholarly publications from research funded by public and private grants. cOAlition S, the coalition of research funders that have committed …

Always Already Computational: Collections As Data: Final Report, Thomas Padilla, Laurie Allen, Hannah Frost, Sarah Potvin, Elizabeth Russey Roke, Stewart Varner

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Scope Note

From 2016‑2018 Always Already Computational: Collections as Data documented, iterated on, and shared current and potential approaches to developing cultural heritage collections that support computationally‑driven research and teaching. With funding from the Institute of Museum and Library Services, Always Already Computational held two national forums, organized multiple workshops, shared project outcomes in disciplinary and professional conferences, and generated nearly a dozen deliverables meant to guide institutions as they consider development of collections as data.

This report documents the activities and impacts of the Always Already Computational project, delineates findings, and identifies areas for further inquiry.

Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer

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Excerpt (page 5):

The Data Community

This issue brief focuses on understanding what makes scholars willing to share their data – and on applying that understanding strategically in order to improve and increase sharing going forward. We recognize that this is only one aspect of the work that is needed in this area. Numerous professional organizations (CODATA, DCC, FORCE11, GO FAIR, RDA, and RDAP, to name just a few), in addition to a panoply of smaller projects and working groups, are making significant strides in defining standards and best practices in important technical areas such as metadata creation, discoverability, machine …

Towards User-Centric Evaluation Of Uk Non-Print Legal Deposit: A Digital Library Futures White Paper, Paul Gooding, Melissa Terras, Linda Berube

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This white paper reports on the findings of the Digital Library Futures project (2017-2019), which investigates the impact of Non-Print Legal Deposit (NPLD) on academic legal deposit libraries and their users in the United Kingdom. It argues that discussions of NPLD have paid too little attention to user behaviour and requirements, and that it is necessary to adopt an ongoing user-focused evaluation framework to inform NPLD planning and implementation.

Core research was carried out at the University of Glasgow, the University of Edinburgh, the University of East Anglia, and University College London. We are grateful to our project partners, Cambridge …

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

Copyright, Fair Use, Scholarly Communication, etc.

In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in Appendix …

Copyright: Preserve, Protect, And Promote Your Research, Supplemental Resources, Sue Ann Gardner, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

Supplemental sources handed out during a presentation given on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln.

Topics: Copyright, Fair Use, Educational use, UNL Digital Commons.

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who …

Copyright: Protect, Preserve, And Promote Your Research, Sue Ann Gardner, Paul Royster

University of Nebraska-Lincoln Libraries: Presentations

Copyright is a powerful tool to protect, preserve, and promote academic research. The slides duplicate a quiz given to workshop participants.

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research [Lunch And Learn Outline], Paul Royster, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Basic copyright: Know your rights; Copyright registration; Rights conferred; Length of term; Infringement

Licensing and contracts: Addenda to copyright that limit or extend your work; Permissions; Evaluating predatory journals; Creative Commons licenses; Gold Open Access/APCs

Fair use: How to fairly and legally use copyrighted materials in your own work; Plagiarism vs. copyright

Educational use: "Can I use this {image, quote, video clip, ...} in my {lecture, course materials, dissertation, ...}"

Copyright considerations, UNL Digital Commons: Publishing: books, journals; Green Open Access

Copyright: Preserve, Protect, And Promote Your Research: Quiz (Key), Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Answers to a quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.

Copyright: Preserve, Protect, And Promote Your Research: Quiz, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Quiz given during a presentation held on April 9, 2019 in the Cottonwood Room, East Union, University of Nebraska-Lincoln. Topic: Copyright for academic authors.

Initiatives To Counter Fake News In Selected Countries: Argentina, Brazil, Canada, China, Egypt, France, Germany, Israel, Japan, Kenya, Malaysia, Nicaragua, Russia, Sweden, United Kingdom, Peter Roudik, Graciela Rodriguez-Ferrand, Edouardo Soares, Tariq Ahmad, Laney Zhang, George Sadek, Nicolas Boring, Jenny Gesley, Ruth Levush, Sayuri Umeda, Hanibal Goitom, Kelly Buchanan, Norma C. Gutiérrez, Astghik Grigoryan, Elin Hofverberg, Clare Feikert-Ahalt

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary by Peter Roudik, Director of Legal Research

This report examines the legal approaches of fifteen countries, representing all regions of the world, to the emerging problem of manipulation with “fake news” using mass and social media, especially the impact of fake news on ongoing political processes and elections, and the legislative measures undertaken to counteract the dissemination of false information. Fake news as a phenomenon is not new and has been known since ancient times, but the present-day proliferation of digital and social media platforms, which allow for much broader distribution of information to a global audience, makes …

Sparc* Landscape Analysis: The Changing Academic Publishing Industry – Implications For Academic Institutions, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

Academic publishing is undergoing a major transition as some of its leaders are moving from a content-provision to a data analytics business. This is evidenced by a change in the product mix that they are selling across higher education institutions, which is expanding beyond journals and textbooks to include research assessment systems, productivity tools, online learning management systems – complex infrastructure that is critical to conducting the end-to-end business of the university. Through the seamless provision of these services, these companies can invisibly and strategically influence, and perhaps exert control, over key university decisions – ranging from student assessment to …

Ten Myths Around Open Scholarly Publishing, Jonathan P. Tennant, Harry Crane, Tom Crick, Jacinto Davila, Asura Enkhbayar, Johanna Havemann, Bianca Kramer, Ryan Martin, Paola Masuzzo, Andy Nobes, Curt Rice, Bárbara R. López, Tony Ross-Hellauer, Susanne Sattler, Paul Thacker, Marc Vanholsbeeck

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The changing world of scholarly communication and the emergence of ‘Open Science’ or ‘Open Research’ has brought to light a number of controversial and hotly-debated topics. Yet, evidence-based rational debate is regularly drowned out by misinformed or exaggerated rhetoric, which does not benefit the evolving system of scholarly communication. The aim of this article is to provide a baseline evidence framework for ten of the most contested topics, in order to help frame and move forward discussions, practices and policies. We address preprints and scooping, the practice of copyright transfer, the function of peer review, and the legitimacy of ‘global’ …

Bringing Citations And Usage Metrics Together To Make Data Count, Helena Cousijn, Patricia Feeney, Daniella Lowenberg, Eleonora Presani, Natasha Simons

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Over the last years, many organizations have been working on infrastructure to facilitate sharing and reuse of research data. This means that researchers now have ways of making their data available, but not necessarily incentives to do so. Several Research Data Alliance (RDA) working groups have been working on ways to start measuring activities around research data to provide input for new Data Level Metrics (DLMs). These DLMs are a critical step towards providing researchers with credit for their work. In this paper, we describe the outcomes of the work of the Scholarly Link Exchange (Scholix) working group and the …

Foundations For Open Scholarship Strategy Development, Version 2.1 [Pre-Print], Jonathan Tennant, Jennifer E. Beamer, Jeroen Bosman, Björn Brembs, Neo Christopher Chung, Gail Clement, Tom Crick, Jonathan Dugan, Alastair Dunning, David Eccles, Asura Enkhbayar, Daniel Graziotin, Rachel Harding, Johanna Havemann, Daniel S. Katz, Kshitiz Khanal, Jesper Norgaard Kjaer, Tim Koder, Paul Macklin, Christopher R. Madan, Paola Masuzzo, Lisa Matthias, Katja Mayer, David M. Nichols, Elli Papadopoulou, Thomas Pasquier, Tony Ross-Hellauer, Michael Schulte-Mecklenbeck, Dan Sholler, Tobias Steiner, Pawel Szczesny, Andy Turner

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This document aims to agree on a broad, international strategy for the implementation of open scholarship that meets the needs of different national and regional communities but works globally.

Scholarly research can be idealised as an inspirational process for advancing our collective knowledge to the benefit of all humankind. However, current research practices often struggle with a range of tensions, in part due to the fact that this collective (or “commons”) ideal conflicts with the competitive system in which most scholars work, and in part because much of the infrastructure of the scholarly world is becoming largely digital. What is …

Data Discovery Paradigms: User Requirements And Recommendations For Data Repositories, Mingfang Wu, Fotis Psomopoulos, Siri Jodha Khalsa, Anita De Waard

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As data repositories make more data openly available it becomes challenging for researchers to find what they need either from a repository or through web search engines. This study attempts to investigate data users’ requirements and the role that data repositories can play in supporting data discoverability by meeting those requirements. We collected 79 data discovery use cases (or data search scenarios), from which we derived nine functional requirements for data repositories through qualitative analysis. We then applied usability heuristic evaluation and expert review methods to identify best practices that data repositories can implement to meet each functional requirement. We …

Future Of Scholarly Publishing And Scholarly Communication: Report Of The Expert Group To The European Commission, Directorate-General For Research And Innovation (European Commission), Jean-Claude Guédon, Jubb Consulting, United Kingdom, Bianca Kramer, Mikael Laakso, Birgit Schmidt, Elena Šimukovič, Jennifer Hansen, Robert Kiley, Anne Kitson, Wim Van Der Stelt, Kamilla Markram, Mark Patterson,

Copyright, Fair Use, Scholarly Communication, etc.

The Expert Group on the Future of Scholarly Publishing and Scholarly Communication was set up to support the policy development of the European Commission on Open Science. The Expert Group was asked to assess the current situation with regard to scholarly communication and publishing and to establish general principles for the future. This report analyses the recent past and present states of scholarly communication and publishing. It proposes ten principles through which a vision for scholarly communication is shaped over the next 10-15 years. These principles also serve as a way to examine shortcomings of the current scholarly communication and …

Where Should I Publish? A Library Handout For Researchers, Elsevier

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5 warning signs of a predatory journal

7 essential questions to ask when evaluating a journal

Checklist to determine whether a journal is reputable

Tools to find journals based on various selection criteria

By reviewing and applying the dos and don’ts within these pages, you will increase the likelihood of publishing in the right journal for your work. Identifying the right title isn’t easy. In addition to using this guide, consider booking a consultation with a librarian to help you identify and apply your selection criteria.

The Need For Speed: How Quickly Do Preprints Become Published Articles?, Rachel Herbert, Kate Gasson, Alex Ponsford

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bioRxiv’s option for authors to submit biology preprints directly to journals typically speeds up publication of articles by nearly 2 weeks—an advantage for authors who are keen to get their work published quickly

Authors approach ‘preprinting’ in different ways: while most post a preprint before submitting to a journal, just over a third of preprints were submitted to and accepted by a journal before the preprint appeared on bioRxiv

Biology preprints with just one version are published 2 weeks more quickly than those with multiple versions

Regulation Of Artificial Intelligence In Selected Jurisdictions, Jenny Gesley, Tariq Ahmad, Edouardo Soares, Ruth Levush, Gustavo Guerra, James Martin, Kelly Buchanan, Laney Zhang, Sayuri Umeda, Astghik Grigoryan, Nicolas Boring, Elin Hofverberg, Clare Feikhert-Ahalt, Graciela Rodriguez-Ferrand, George Sadek, Hanibal Goitom

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary

This report examines the emerging regulatory and policy landscape surrounding artificial intelligence (AI) in jurisdictions around the world and in the European Union (EU). In addition, a survey of international organizations describes the approach that United Nations (UN) agencies and regional organizations have taken towards AI. As the regulation of AI is still in its infancy, guidelines, ethics codes, and actions by and statements from governments and their agencies on AI are also addressed. While the country surveys look at various legal issues, including data protection and privacy, transparency, human oversight, surveillance, public administration and services, autonomous vehicles, …

2019-2024 Strategic Plan: Canadian Research Knowledge Network, Canadian Research Knowledge Network

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Vision The world’s knowledge is accessible by all.

Mission CRKN advances interconnected, sustainable access to the world’s research and to Canada’s documentary heritage content.

About For our member organizations and the diverse communities they serve, CRKN empowers researchers, educators, and society with greater access to the world’s research and Canada’s preserved documentary heritage, now and for future generations. We deliver value to academic libraries, heritage organizations, and knowledgeseekers within Canada in the following ways: > Represent our membership in large-scale licensing and content acquisition activities; >Collaborate to expand and enrich the digital knowledge ecosystem in Canada and the world; >Advocate for …

A Cope Study (2019): Exploring Publication Ethics Issues In The Arts, Humanities, And Social Sciences, Committee On Publication Ethics

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COPE (Committee on Publication Ethics) is a non-statutory body which aims to provide practical publication ethics guidance for journal editors working in all research disciplines. COPE was first conceived by an editor of a specialist medical journal at the BMJ Publishing Group but has since grown to become a fully multidisciplinary organisation. As a result of perceptions within COPE that some members not in Science Technology and Medicine (STM) disciplines might not consider COPE to be as relevant, in early 2019 COPE, with the support of Routledge (part of the Taylor & Francis Group), commissioned primary research to better understand …

The Care Principles For Indigenous Data Governance, Global Indigenous Data Alliance

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The CARE Principles for Indigenous Data Governance

The current movement toward open data and open science does not fully engage with Indigenous Peoples rights and interests. Existing principles within the open data movement (e.g. FAIR: findable, accessible, interoperable, reusable) primarily focus on characteristics of data that will facilitate increased data sharing among entities while ignoring power differentials and historical contexts. The emphasis on greater data sharing alone creates a tension for Indigenous Peoples who are also asserting greater control over the application and use of Indigenous data and Indigenous Knowledge for collective benefit.

This includes the right to create value …

Rp-4.4.2 Patent And Technology Transfer Policy [University Of Nebraska Board Of Regents Policies], University Of Nebraska Board Of Regents

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This Patent and Technology Transfer Policy is adopted for the purpose of providing general policy regulations to implement Section 3.10 of the University of Nebraska Bylaws of the Board of Regents.

Copyright Term And The Public Domain In The United States, Peter B. Hirtle

Copyright, Fair Use, Scholarly Communication, etc.

Footnote 1:

1. This chart was first published in Peter B. Hirtle, "Recent Changes To The Copyright Law: Copyright Term Extension," Archival Outlook, January/February 1999. This version is current as of 1 January 2019. The most recent version is found at https://copyright.cornell.edu/publicdomain. For some explanation on how to use the chart and complications hidden in it, see Peter B. Hirtle, "When is 1923 Going to Arrive and Other Complications of the U.S. Public Domain," Searcher (Sept 2012). The chart is based in part on Laura N. Gasaway's chart, "When Works Pass Into the Public Domain," at <http://www.unc.edu/~unclng/public-d.htm>, and similar …

Assessing The Size Of The Affordability Problem In Scholarly Publishing, Alexander Grossman, Björn Brembs

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For many decades, the hyperinflation of subscription prices for scholarly journals have concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, also the prices for open access publishing are high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the …

Digital CommonsTm: 10 Strategies To Expand Your Institution’S Global Research Visibility With A Next-Generation Ir, Elsevier

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This short paper explores 10 themes of next generation repositories, elevating what is possible, and giving competitive advantage to forward-thinking institutions who are ready to take the next step in their IR strategy.

Since the concept was first launched in 2003, over 5,200 institutions worldwide have adopted an Institutional Repository (IR) to store and manage all their academic research and archival content, publish and manage journals, and more.

In November 2017, the global Confederation of Open Access Repositories (COAR) published the report, Behaviours and Technical Recommendations of the COAR Next Generation Repositories Working Group¹. This sets out a framework positioning …