Intellectual Property Law Commons^™

Aaron Swartz’S Fbi Files

United States Department of Justice: Publications

Aaron Hillel Swartz (November 8, 1986 – January 11, 2013) was an American computer programmer, writer, political organizer and Internet Hacktivist.

Swartz was involved in the development of the web feed format RSS, the organization Creative Commons, the website framework web.py and the social news site, Reddit, in which he became a partner after its merger with his company, Infogami. Swartz's later work focused on sociology, civic awareness and activism.

He helped launch the Progressive Change Campaign Committee in 2009 to learn more about effective online activism. In 2010 he became a research fellow at Harvard University's Safra Research Lab …

Aaron Swartz’S Secret Service Files

United States Department of Justice: Publications

These documents concern the indictment in Massachusetts for downloading JSTOR content from MIT library network.

Parts 1 & 2 are included in the main document.

Additional files are linked below, as follows:

Part 3 (3 files) -- 379 pages, 4067 pages (spreadsheet), & 190 pages (photos)

Part 4 -- 1 page

Part 5 -- 1 page

Part 6 -- 1 page

Part 7 -- 7 pages

Part 8 -- 237,397 pages (yes)

Part 9 -- 90 pages

Part 10 -- 259 pages

Part 11 -- 17 pages

Part 12 -- (not released as of 9/29/2014)

Part 13 -- 254 pages …

Brief Of Digital Humanities And Law Scholars As Amici Curiae In Support Of Defendant-Appellees And Affirmance, (The Authors Guild, Inc., Et Al., V. Google, Inc., Et Al.), Matthew L. Jockers, Matthew Sag, Jason Schultz

Copyright, Fair Use, Scholarly Communication, etc.

Amici are over 150 professors and scholars who teach, write, and research in computer science, the digital humanities, linguistics or law, and two associations that represent Digital Humanities scholars generally.2 Amici have an interest in this case because of its potential impact on their ability to discover and understand, through automated means, the data in and relationships among textual works. Legal Scholar Amici also have an interest in the sound development of intellectual property law. Resolution of the legal issue of copying for non-expressive uses has far-reaching implications for the scope of copyright protection, a subject germane to Amici’s professional …

Institutional Repository Software Comparison, Jean-Gabriel Bankier, Kenneth Gleason

Copyright, Fair Use, Scholarly Communication, etc.

A comparison of the five most widely adopted IR platforms: Digital Commons, Dspace, Eprints, Fedora, and Islandora.

Conclusion

After more than a decade of expanding the reach of scholarship, the institutional repository continues to develop and offer modern tools for libraries and researchers. While the foundational elements of collection, preservation, and dissemination remain intact, the repository platform options continue to offer new and exciting ways to expand readership. Library-led publishing efforts and the desire to represent the entire breadth of an institution's research through journals, image collections, and books have made the repository a destination rather than a holding place …

Copyright Small Claims, U.S. Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

It appears beyond dispute that under the current federal system small copyright claimants face formidable challenges in seeking to enforce the exclusive rights to which they are entitled. The Copyright Office therefore recommends that Congress consider the creation of an alternative forum that will enable copyright owners to pursue small infringement matters and related claims arising under the Copyright Act. In light of the state court tradition of referring to claims of modest economic value as “small claims,” many have adopted that term to reference the nature of the claims that are the focus of this Report, as does the …

How To Obtain Permission, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

How to obtain permission to use or adapt a copyrighted work in the United States. One way to make sure your intended use of a copyrighted work is lawful is to obtain permission or a license from the copyright owner.

First step: Research copyright status

Next step: Contact copyright owner

Connecting Scientific Articles With Research Data: New Directions In Online Scholarly Publishing, Ijsbrand Jan Aalbersberg, Judson Dunham, Hylke Koers

Copyright, Fair Use, Scholarly Communication, etc.

Researchers across disciplines are increasingly utilizing electronic tools to collect, analyze, and organize data. However, when it comes to publishing their work, there are no common, well-established standards on how to make that data available to other researchers. Consequently, data are often not stored in a consistent manner, making it hard or impossible to find data sets associated with an article – even though such data might be essential to reproduce results or to perform further analysis. Data repositories can play an important role in improving this situation, offering increased visibility, domain-specific coordination, and expert knowledge on data management. As …

Increasing Access To The Results Of Federally Funded Scientific Research (February 22, 2013)

Copyright, Fair Use, Scholarly Communication, etc.

Increasing Access to the Results of Federally Funded Scientific Research (February 22, 2013)

Biodiversity Heritage Library, Smithsonian Institution Libraries, Deanna Marcum

Copyright, Fair Use, Scholarly Communication, etc.

The Biodiversity Heritage Library (BHL), created in 2006, is the result of a collaboration of ten natural history museum and botanical garden libraries seeking to digitize core taxonomic literature and to make it free and openly available throughout the world. Today, the BHL includes fifteen member institutions whose efforts have shaped a collection of over 60,000 titles. It is supported through a combination of membership dues, in-kind support from member institutions, contributions from the user community, and direct support from the Smithsonian Institution Libraries, and it reaches tens of thousands of users each year. While managing the complex partnership has …

San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology

Copyright, Fair Use, Scholarly Communication, etc.

There is a pressing need to improve the ways in which the output of scientific research is evaluated by funding agencies, academic institutions, and other parties.To address this issue, a group of editors and publishers of scholarly journals met during the Annual Meeting of The American Society for Cell Biology (ASCB) in San Francisco, CA, on December 16, 2012. The group developed a set of recommendations, referred to as the San Francisco Declaration on Research Assessment. We invite interested parties across all scientific disciplines to indicate their support by adding their names to this Declaration. The outputs from scientific research …

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 …

United States Environmental Protection Agency Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

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

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 ?

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 …

United States Department Of Commerce Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US DOC SIP

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.

Using A Cris For E-Infrastructure: E-Infrastructure For Scholarly Publications, E Dijk, M Van Meel

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly publications are a major part of the research infrastructure. One way to make output available is to store the publications in Open Access Repositories (OAR). A Current Research Information System (CRIS) that conforms to the standard CERIF (Common European Research Information Format) could be a key component in the e-infrastructure. A CRIS provides the structure and makes it possible to interoperate the CRIS metadata at every stage of the research cycle. The international DRIVER projects are creating a European repository infrastructure. Knowledge Exchange has launched a project to develop a metadata exchange format for publications between CRIS and OAR …

Cris And Institutional Repositories, A Asserson, K Jeffery

Copyright, Fair Use, Scholarly Communication, etc.

CRIS (Current Research Information Systems) provide researchers, research managers, innovators, and others with a view over the research activity of a domain. IRs (institutional repositories) provide a mechanism for an organisation to showcase through OA (open access) its intellectual property. Increasingly, organizations are mandating that their employed researchers deposit peer-reviewed published material in the IR. Research funders are increasingly mandating that publications be deposited in an open access repository: some mandate a central (or subject-based) repository, some an IR. In parallel, publishers are offering OA but replacing subscription-based access with author (or author institution) payment for publishing. However, many OA …

Grey Literature In Library And Information Studies, Dominic J. Farace, Joachim Schöpfel

Copyright, Fair Use, Scholarly Communication, etc.

CONTENTS

Introduction Grey Literature (Farace and Schöpfel)

Part I – Producing, Processing, and Distributing Grey Literature

Section One: Producing and Publishing Grey Literature

Chapter 1 Grey Publishing and the Information Market: A New Look at Value Chains and Business Models (Roosendaal)

Chapter 2 How to assure the Quality of Grey Literature: the Case of Evaluation Reports (Weber)

Chapter 3 Grey Literature produced and published by Universities: A Case for ETDs (Južni)

Section Two: Collecting and Processing Grey Literature

Chapter 4 Collection building with special Regards to Report Literature (Newbold and Grimshaw)

Chapter 5 Institutional Grey Literature in the University Environment …

Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently

Copyright, Fair Use, Scholarly Communication, etc.

Includes sixteen essays on the origins of copyright.

First paragraph:

What is Copyright History?

History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …

Journals' Policies On Compliance With The Nih Public Access Policy, Carolina Population Center, Unc

Copyright, Fair Use, Scholarly Communication, etc.

This resource provides information about select journals' policies related to the NIH Public Access Policy. Many of these journals are based in the social sciences and publish population research articles. Authors who publish in a journal listed below can quickly determine whether the publisher has a policy, who must submit the manuscript and which version to submit to PubMed Central, as well as the embargo period. Journal titles were gathered from the ISI Journals Citation Reports in the subject categories of Demography, Sociology, Economics, and Gerontology. Additional titles were supplied by members of the Association for Population/Family Planning Libraries and …

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …

Nucleic Acids Encoding Pseudomonas Hop Proteins And Use Thereof, Alan Collmer, James R. Alfano, Xiaoyan Tang, C. Robin Buell, Gregory B. Martin

Department of Plant Pathology: Faculty Publications

The present invention relates to isolated nucleic acid molecules encoding a type III—secreted bacterial protein capable of modifying a cell death pathway in a plant cell. One aspect of the present invention involves an isolated nucleic acid molecule having a nucleotide sequence that encodes the HopPtoD2 protein of Pseudomonas syringae pv. syringae DC 3000. Expression vectors, host cells, and transgenic plants which include the DNA molecules of the present invention are also disclosed. The nucleic acid mol ecules of the present invention can be used to impart disease resistance to a plant and to make a plant hypersusceptible to colonization …

Data Publication In The Open Access Initiative, Jens Klump, Roland Bertelmann, Jan Brase, Michael Diepenbroek, Hannes Grobe, Heinke Höck, Michael Lautenschlager, Uwe Schindler, Irina Sens, Joachim Wächter

Copyright, Fair Use, Scholarly Communication, etc.

The ‘Berlin Declaration’ was published in 2003 as a guideline to policy makers to promote the Internet as a functional instrument for a global scientific knowledge base. Because knowledge is derived from data, the principles of the ‘Berlin Declaration’ should apply to data as well. Today, access to scientific data is hampered by structural deficits in the publication process. Data publication needs to offer authors an incentive to publish data through long-term repositories. Data publication also requires an adequate licence model that protects the intellectual property rights of the author while allowing further use of the data by the scientific …

Bound By Law? Trapped In A Struggle She Didn't Understand, By Day A Filmmaker, By Night She Fought For Fair Use! [Tales From The Public Domain], Keith Aoki, James Boyle, Jennifer Jenkins

Copyright, Fair Use, Scholarly Communication, etc.

A graphic novel about fair use with respect to United States copyright law.

Synopsis:

A documentary is being filmed. A cell phone rings, playing the "Rocky" theme song. The filmmaker is told she must pay $10,000 to clear the rights for the song. Can this be true? "Eyes on the Prize," the great civil rights documentary, was pulled from circulation because the filmmakers' rights to music and footage had expired.

What's going on here? It's the collision of documentary filmmaking and intellectual property law, and it's the inspiration for this comic book. Follow its heroine Akika as she films her …

Intelligent Resource Discovery Using Ontologybased Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran

Copyright, Fair Use, Scholarly Communication, etc.

Successful resource discovery across heterogeneous repositories is highly dependent on the semantic and syntactic homogeneity of the associated resource descriptions in each repository. Ideally, consistent resource descriptions are easily extracted from each repository, expressed using standard syntactic and semantic structures, and managed and accessed within a distributed, flexible, and scalable software framework. In practice however, seldom do all three of these elements exist. To help address this situation, the Object Oriented Data Technology (OODT) project at the Jet Propulsion Laboratory has developed an extensible, standards-based resource description scheme that provides the necessary description and management facilities for the discovery of …

Intelligent Resource Discovery Using Ontology-Based Resource Profiles, J. Steven Hughes, Dan Crichton, Sean Kelly, Chris A. Mattmann, Jerry Crichton, Thuy Tran

Copyright, Fair Use, Scholarly Communication, etc.

Successful resource discovery across heterogeneous repositories is highly dependent on the semantic and syntactic homogeneity of the associated resource descriptions in each repository. Ideally, consistent resource descriptions are easily extracted from each repository, expressed using standard syntactic and semantic structures, and managed and accessed within a distributed, flexible, and scalable software framework. In practice however, seldom do all three of these elements exist. To help address this situation, the Object Oriented Data Technology (OODT) project at the Jet Propulsion Laboratory has developed an extensible, standards-based resource description scheme that provides the necessary description and management facilities for the discovery of …

Open Access Bibliography: Liberating Scholarly Literature With E-Prints And Open Access Journals, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Scope of the Bibliography

The Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals presents over 1,300 selected English-language books, conference papers (including some digital video presentations), debates, editorials, e-prints, journal and magazine articles, news articles, technical reports, and other printed and electronic sources that are useful in understanding the open access movement’s efforts to provide free access to and unfettered use of scholarly literature. Most sources have been published between 1999 and August 31, 2004; however, a limited number of key sources published prior to 1999 are also included. Where possible, links are provided to sources …

Towards A Continuum Of Scholarship: The Eventual Collapse Of The Distinction Between Grey And Non-Grey Literature, Marcus A. Banks

Copyright, Fair Use, Scholarly Communication, etc.

Abstract (from University of Arizona Campus Repository)

This paper argues that the distinction between grey and non-grey (or white) literature will become less relevant over time, as online discovery options proliferate. In the meantime, the political success of the open access publishing movement has valuable lessons for proponents of increasing access to grey literature.