Intellectual Property Law Commons^™

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)

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 …

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.

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)

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 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)

Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi

Copyright, Fair Use, Scholarly Communication, etc.

The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …

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

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.

The Oligopoly Of Academic Publishers In The Digital Era, Vincent Larivière, Stefanie Haustein, Philippe Mongeon

Copyright, Fair Use, Scholarly Communication, etc.

The consolidation of the scientific publishing industry has been the topic of much debate within and outside the scientific community, especially in relation to major publishers’ high profit margins. However, the share of scientific output published in the journals of these major publishers, as well as its evolution over time and across various disciplines, has not yet been analyzed. This paper provides such analysis, based on 45 million documents indexed in the Web of Science over the period 1973-2013. It shows that in both natural and medical sciences (NMS) and social sciences and humanities (SSH), Reed-Elsevier, Wiley Blackwell, Springer, and …

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.

Where Is The Evidence? Realising The Value Of Grey Literature For Public Policy & Practice, A Discussion Paper, Amanda Lawrence, John Houghton, Julian Thomas, Paul Weldon

Copyright, Fair Use, Scholarly Communication, etc.

The internet has profoundly changed how we produce, use and collect research and information for public policy and practice, with grey literature playing an increasingly important role. The authors argue that grey literature (i.e. material produced and published by organisations without recourse to the commercial or scholarly publishing industry) is a key part of the evidence produced and used for public policy and practice. Through surveys of users, producing organisations and collecting services a detailed picture is provided of the importance and economic value of grey literature. However, finding and accessing policy information is a time-consuming task made harder by …

Leveraging Bibliographic Rdf Data For Keyword Prediction With Association Rule Mining (Arm), Nidhi Kushwaha, O P. Vyas

Copyright, Fair Use, Scholarly Communication, etc.

The Semantic Web ( Web 3.03.0) has been proposed as an efficient way to access the increasingly large amounts of data on the internet. The Linked Open Data Cloud project at present is the major effort to implement the concepts of the Seamtic Web, addressing the problems of in homogeneity and large data volumes. RKBExplorer is one of many repositories implementing Open Data and contains considerable bibliographic information. Th is paper discusses bibliographic data data, an important part of cloud data. Effective searching of bibliographic datasets can be a challenge as many of the papers residing in these databases do …

Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster

University of Nebraska-Lincoln Libraries: Presentations

Copyright is a battlefield, and an author’s control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish. In this session you will learn more about U.S. Copyright Law, Author’s Rights, and protecting your Intellectual Property. Faculty members Paul Royster and Sue Gardner will speak on Copyright, Fair Use, and Author Rights. You …

United States Department Of Agriculture (Usda) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (November 2014)

Copyright, Fair Use, Scholarly Communication, etc.

USDA response to OSTP memo, 2013: Public Access Plan (November 2014)

The Interinter-University Consortium For Political And Social Research And The Data Seal Of Approval: Accreditation Experiences , And Opportunities, M Vardigan, J Lyle

Copyright, Fair Use, Scholarly Communication, etc.

The Inter Inter-university Consortium for Political and Social Research (ICPSR), a domain repository with a 50 50-year track record of archiving social and behavioural science data, applied for for—and acquired acquired—the Data Seal of Approval (DSA) in 2010. DSA is a non non-intrusive, straightforward approach to assessing organizational, technical, and operational infrastructure infrastructure, and signifies a basic level of accreditation . DSA assessment helped ICPSR become more transparent , monitor and improve archival processes and procedures , and raise awareness within the organization and beyond about best practice practices for repositories repositories. We relate our experience experiences with the DSA …

Building On The International Polar Year : D Iscovering Interdisciplinary Data Through Federated Search, L. Yarmey, S.J. Khalsa

Copyright, Fair Use, Scholarly Communication, etc.

The legacy of the International Polar Year 2007 2007–2008 (IPY) includes advances in open data and meaningful progress toward towards interoperability of data, systems, and standards. Enabled by metadata brokering technologies and by the growing adoption of international metadata standards, federated data search welcomes diversity in Arctic data and recognizes the value of expertise in community data repositories repositories. Federated search enables specialized data holdings to be discovered by broader audiences and complements the role of metadata registries such as the Global Change Master Directory, providing interoperability across the Arctic web-of -repositories.

Proportion Of Open Access Papers Published In Peer-Reviewed Journals At The European And World Levels—1996–2013, Éric Archambault, Didier Amyot, Philippe Deschamps, Aurore Nicol, Françoise Provencher, Lise Rebout, Guillaume Roberge

Copyright, Fair Use, Scholarly Communication, etc.

This study report assesses the free availability of scholarly publications during the 1996 to 2013 period. It is the largest scale measurement of open access availability performed to date: a sample of one-quarter of a million records was used to study the historical evolution of open access (OA) between 1996 and 2013 and a larger, one million records sample was used to perform an in-depth assessment of the proportion and scientific impact of OA between 2008 and 2013 in different types of OA, for different scientific fields of knowledge, and for 44 countries, the EU28, ERA, and the world.

Compared …

Copyright, Fair Use, And Author Rights, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

From the promotional flyer for this talk:

Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.

In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …

Goodbye To Berlin –Where Is Oa Heading?, Claudio Aspesi

Copyright, Fair Use, Scholarly Communication, etc.

The Facts: Perhaps 10 to 20% of all peer-reviewed articles are published in OA. Almost 10,000 journals listed in the DOAJ.Reed Elsevier and Wiley’s share prices are doing well. Subscription publishing seems in great health.

What is Going On? Full Gold OA is a major threat to the economics of subscription publishers...with significant possible repercussions on the company’s overall performance.

But OA Implementation is Failing: Definition remains vague, probably because objectives are vague. "Europeans are from Mars, Americans are from Venus”. Hybrid model is effectively impossible to monitor. Expectations that OA will address the serial costs crisis are fading away …

Reproduction Of Copyrighted Works By Educators And Librarians, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

Many educators and librarians ask about the fair use and photocopying provisions of the copyright law. The United States Copyright Office cannot give legal advice or offer opinions on what is permitted or prohibited. However, we have published in this circular basic information on some of the most important legislative provisions and other documents dealing with reproduction by librarians and educators.

The Subjects Covered in This Booklet

The documentary materials collected in this circular deal with reproduction of copyrighted works by educators, librarians, and archivists for a variety of uses, including:

• Reproduction for teaching in educational institutions at all …

United States Department Of Energy (Doe) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (July 2014)

Copyright, Fair Use, Scholarly Communication, etc.

DOE response to OSTP memo, 2013: Public Access Plan (July 2014)

Ownership Of Intellectual Property, Policy Of The University Of Nebraska Board Of Regents, University Of Nebraska Board Of Regents

Institutional Repository Information

The prompt and open dissemination of the results of research undertaken at the University of Nebraska and the free exchange of information among scholars are essential to the fulfillment of the University's obligations as an institution committed to excellence in research, education, and service. Matters of ownership, distribution, and commercial development nonetheless arise in the context of technology transfer, which is also an important aspect of the University's commitment to public service. The University of Nebraska as a public institution has a responsibility to recognize the State’s contribution of tax support for research and creative activity by devoting an appropriate …

The Number Of Scholarly Documents On The Public Web, Madian Khabsa, C. Lee Giles

Copyright, Fair Use, Scholarly Communication, etc.

The number of scholarly documents available on the web is estimated using capture/recapture methods by studying the coverage of two major academic search engines: Google Scholar and Microsoft Academic Search. Our estimates show that at least 114 million English-language scholarly documents are accessible on the web, of which Google Scholar has nearly 100 million. Of these, we estimate that at least 27 million (24%) are freely available since they do not require a subscription or payment of any kind. In addition, at a finer scale, we also estimate the number of scholarly documents on the web for fifteen fields: Agricultural …