Intellectual Property Law Commons^™

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 …

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.

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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

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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.

The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary

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The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

The DMCA is divided into five titles:

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain …