Intellectual Property Law Commons^™

Ithaka S+R Us Faculty Survey 2015, Christine Wolff, Alisa B. Rod, Roger C. Schonfeld

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The Ithaka S+R US Faculty Survey has tracked the changing research, teaching, and information usage practices of faculty members since the early days of the digital transformation. In this sixth triennial cycle, we survey a random sample of US higher education faculty members, adding medical scholars to our population to provide even more comprehensive coverage of US higher education.

Our first look at medical faculty members in the 2015 cycle shows that respondents sometimes have attitudes and practices that parallel their colleagues in the social sciences and physical sciences, but often are unique in the way that they discover and …

Us Agencies – Public Access Plans Details, Chorus

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23 US government agencies that fund scientific research and their public access plans details as of April 2016. Included are effective date for awards, embargo terms, repository names, and whether agency is a CHORUS participant.

CHORUS: Clearinghouse for the Open Research of the United States, is a publishers' organization and a project to enable public access to funded research by directing users to publishers' sites.

The Federal Big Data Research And Development Strategic Plan, The Networking And Information Technology Research And Development Program, Big Data Senior Steering Group

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This document was developed through the contributions of the NITRD Big Data SSG members and staff. A special thanks and appreciation to the core team of editors, writers, and reviewers: Lida Beninson (NSF), Quincy Brown (NSF), Elizabeth Burrows (NSF), Dana Hunter (NSF), Craig Jolley (USAID), Meredith Lee (DHS), Nishal Mohan (NSF), Chloe Poston (NSF), Renata Rawlings-Goss (NSF), Carly Robinson (DOE Science), Alejandro Suarez (NSF), Martin Wiener (NSF), and Fen Zhao (NSF).

A national Big Data1 innovation ecosystem is essential to enabling knowledge discovery from and confident action informed by the vast resource of new and diverse datasets that are rapidly …

Remanded Decision In Cambridge University Press, Oxford University Press, & Sage Publications Vs. Georgia State University Et Al., Orinda D. Evans

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Defendants' Motion to Strike Portions of Plaintiffs' Remand Brief and to Disregard Declaration [Doc. 502] is GRANTED. This case is currently before the Court for fair use analysis with respect to 48 infringement claims. Plaintiffs are entitled to prevail on the claims involving 7 works in Georgia State classes. With respect to the other infringement claims, Defendants are entitled to prevail.

Defendants are the prevailing side and are entitled to an award of costs and attorneys' fees.

Committee On Institutional Cooperation 2014-2015 Annual Report: The Power Of The Collective, Committee On Institutional Cooperation

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Launched in 1958 by the university presidents as the academic counterpart to the Big Ten Athletic Conference, the CIC connects faculty and staff across the fifteen campuses to increase opportunities, save money, and solve problems. Throughout the years, CIC leaders have developed a nationally recognized portfolio of effective programs and initiatives that leverage resources and expertise and amplify our collective impact in the wider world. With a focus on recruiting, retaining, and engaging faculty, the CIC’s academic leadership programs are considered to be among the best professional development opportunities in higher education. By enhancing the leadership capabilities of faculty and …

How Readers Discover Content In Scholarly Publications, Tracy Gardner, Simon Inger

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This report is the output of a large-scale survey of readers of scholarly publications (n=40439) and their behaviour in the discovery of journal articles and online books. The survey was conducted during October, November, and December of 2015. While usage statistics and analytics gathered by publishers, libraries and intermediaries can give us a partial view of discovery behaviour, there are many gaps in the knowledge that these can provide which we have endeavoured to fill by asking readers what tools they use in discovery.6

This survey builds upon previous surveys conducted by the authors in 2005, 2008 and 2012. For …

United States Administration For Community Living (Acl) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (February 2016)

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ACL response to OSTP memo, 2013: Public Access Plan (February 2016)

Research Software Sustainability: Report On A Knowledge Exchange Workshop, Simon Hettrick

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Without software, modern research would not be possible. Understandably, people tend to marvel at results rather than the tools used in their discovery, which means the fundamental role of software in research has been largely overlooked. But whether it is widely recognised or not, research is inexorably connected to the software that is used to generate results, and if we continue to overlook software we put at risk the reliability and reproducibility of the research itself. The adoption of software is accompanied by new risks - many of which are unknown to the majority of the research community. The practices …

Introductory Discussion, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Joy Kirchner, William Cross

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Scholarly communication: From understanding to engagement. "To set the tone for the day, introduce yourselves and start sharing!" Includes a list of four questions intended to get the conversation started.

Final Report: Eunis – Eurocris Joint Survey On Cris And Ir, Lígia Ribeiro, Pablo De Castro, Michele Mennielli

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The rising strategic importance of Current Research Information Systems (CRISs) and Institutional Repositories (IRs) for higher education and research institutions relates to the need to foster research and innovation and to provide a faster and broader technology transfer to industry and society. These are critical factors for global competitiveness, and the increasing competition among institutions to increase and disseminate excellence in research is another area where these systems provide a key contribution. Additional important elements with a strong impact on such strategic evolution are the new policies on Open Access, National Research Assessment and Research Funding. It is indeed from …

Recommendations For Standardized International Rights Statements, Rightsstatements.Org, International Rights Statements Working Group

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Europeana, the Digital Public Library of America (DPLA), and many other 1 2 libraries, archives and other cultural heritage institutions believe that everyone should be able to engage with their cultural heritage online. We can help achieve this by giving cultural heritage institutions simple and standardized terms to summarize the copyright status of Works in their collection and how they may be used. These simple and standardized terms we call “Rights Statements.” Providing this information is essential for those who wish to actively engage with the Works they find online. Can they use it in a school report? Print it …

Converting Scholarly Journals To Open Access: A Review Of Approaches And Experiences, David J. Solomon, Mikael Laakso, Bo-Christer Björk, Peter Suber Editor

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This report identifies ways through which subscription-based scholarly journals have converted their publishing models to open access (OA). The major goal was to identify specific scenarios that have been used or proposed for transitioning subscription journals to OA so that these scenarios can provide options for others seeking to “flip” their journals to OA. The report is based on the published literature as well as “gray” literature such as blog posts and press releases. In addition, interviews were conducted with eight experts in scholarly publishing. The report identifies a variety of goals for converting a journal to OA. While there …

Altmetrics Definitions And Use Cases, National Information Standards Organization (Niso)

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The NISO Alternative Assessment Metrics Initiative was begun in July 2013 with funding from the Alfred P. Sloan Foundation, and divided into two phases. Phase II of the Project, which began in late 2014, set out to develop standards covering particular action items identified in Phase I through the creation of three NISO working groups. This document represents the output of the working group tasked with the following action items:

1. To come up with specific definitions for the terms commonly used in alternative assessment metrics, enabling different stakeholders to talk about the same thing; and

2. To identify the …

Altmetrics Data Quality Code Of Conduct, National Information Standards Organization

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Altmetrics are increasingly being used and discussed as an expansion of the tools available for measuring the scholarly impact of research in the knowledge environment. The NISO Alternative Assessment Metrics Project was begun in July 2013 with funding from the Alfred P. Sloan Foundation to address several areas of limitations and gaps that hinder the broader adoption of altmetrics. This document is one output from this project, intended to help organizations that wish to use altmetrics to ensure their consistent application across the community. “Working Group C” studied and discussed issues of data quality in the altmetrics realm, an essential …

Finding The Public Domain: Copyright Review Management System Toolkit, Richard C. Adler, Justin Bonfiglio, Kristina Eden, Brian S. Hall, Melissa Levine, University Of Michigan Library Copyright Office

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Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. In CRMS- US (2008– 11), CRMS reviewed over 170,000 volumes in the HathiTrust Digital Library that were published in the United States between 1923 and 1963 (“CRMS- US”). That first project team— which included reviewers from the University of Michigan, the University of Wisconsin, the University of Minnesota, and Indiana University— identified nearly 87,000 volumes …

Strengthening Research Through Data Sharing, Elizabeth Warren

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Data sharing has incredible potential to strengthen academic research, the practice of medicine, and the integrity of the clinical trial system. Some benefits are obvious: when researchers have access to complete data, they can answer new questions, explore different lines of analysis, and more efficiently conduct large-scale analyses across trials. Other advantages, such as providing a guardrail against conflicts of interest in a clinical trial system in which external sponsorship of research is common and necessary, are less visible yet just as critical. I appreciate that there are many policy, privacy, and practical issues that need to be addressed in …

Intellectual Freedom For Authors: A Very Brief Overview Of United States Copyright, Sue Ann Gardner

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VIII: Intellectual Freedom for Authors: A Very Brief Overview of United States Copyright

What Can Be Copyrighted and What Rights Are Conferred?

Who Owns Copyright in a Work?

Copyright Formalities

Transfer of Copyright

Length of Term of Copyright

Permissions and Licensing

Fair Use

Consequences of Infringement

United States Geological Survey (Usgs) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (January 2016)

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USGS response to OSTP memo, 2013: Public Access Plan (January 2016)

Open Educational Resources: Policy, Costs And Transformation, Fengchun Miao, Sanjaya Mishra, Rory Mcgreal

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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

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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)

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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

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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)

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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

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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

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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

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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)

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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

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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

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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

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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.