Intellectual Property Law Commons^™

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

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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

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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

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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

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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

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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

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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 …

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

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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

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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

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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

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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 …

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

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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

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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)

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

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

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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 …

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

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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

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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

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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

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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

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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)

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

Biodiversity Heritage Library, Smithsonian Institution Libraries, Deanna Marcum

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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

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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

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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

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

Libguide For Copyright, Paul Royster

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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

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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

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US DOC SIP

Approaches To Open Data For Science In Spain, E Wulff-Barreiro

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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

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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

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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 …