Audiovisual Metadata Platform Pilot Development (Amppd), Final Project Report, Jon W. Dunn, Ying Feng, Juliet L. Hardesty, Brian Wheeler, Maria Whitaker, Thomas Whittaker, Shawn Averkamp, Bertram Lyons, Amy Rudersdorf, Tanya Clement, Liz Fischer

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the experience and findings of the Audiovisual Metadata Platform Pilot Development (AMPPD) project, which has worked to enable more efficient generation of metadata to support discovery and use of digitized and born-digital audio and moving image collections. The AMPPD project was carried out by partners Indiana University Libraries, AVP, University of Texas at Austin, and New York Public Library between 2018-2021.

Systematic Manipulation Of The Publication Process: Flowcharts And Infographics [English], Jigisha Patel, Simone Ragavooloo, Cat Chatfield

Copyright, Fair Use, Scholarly Communication, etc.

Includes definition of systematic manipulation of the publication process, suspicious submission patterns, suspicious patterns in the content of manuscripts/articles, suspicious patterns around peer review, how to investigate and prevent further publication manipulation, information on the COPE Publishers' Forum, tables and flow charts with recommended actions, and a list of further reading.

Open Research Toolkit List Of References, Christopher Eaker

Copyright, Fair Use, Scholarly Communication, etc.

The Open Research Toolkit was created by Christopher Eaker during Faculty Development Leave, Fall 2021. While this toolkit was designed for librarians for learning open research concepts and skills and teaching them at their institutions, it would be useful for anyone interested in learning more about open research. Any questions related to this content can be directed to the author.

Antitrust And Platform Monopoly, Herbert J. Hovenkamp

All Faculty Scholarship

Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.

Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …

Research Information Management In The United States: Part One, Findings And Recommendations, Rebecca Bryant, Jan Fransen, Pablo De Castro, Brenna Helmstutler, David Scherer

Copyright, Fair Use, Scholarly Communication, etc.

Research information management (RIM) is a rapidly growing area of investment in US research universities. RIM systems that support the collection and use of research outputs metadata have been in place for many years. Globally, the RIM ecosystem is quite mature in locales where national research assessment exercises like the United Kingdom’s Research Excellence Framework (REF) and the Excellence in Research for Australia (ERA) require institutions to collect and report on the outputs of institutional research. A pan-European community of practice is led by euroCRIS.

This report describes six discrete RIM use cases detailed in the companion report:

• Faculty …

Preparing For Sharing Your Research: Publishing And Copyright, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Publishing

• Selecting a journal or publisher

• Avoiding predatory journals

• How to write for publication

• How to endure peer review

• Publishers’ contracts

• Open access

• Preprints

• Your thesis/dissertation online

Copyright

• Basic copyright: Know your rights

• Rights transfer: Permissions, Licensing

• Use of your work: Fair use, Educational use

Join Scholarly Communications Librarian, Sue Gardner, and 40-year publishing veteran and Coordinator of Scholarly Communications, Paul Royster, to learn the ins and outs of publishing. Topics include where to publish or distribute your work, how to navigate publishing agreements, and how to maintain your …

Lessons Learned From The Hiv/Aids Pandemic And Access To Medicines For Covid-19 Treatment, Thalia Le

Independent Study Project (ISP) Collection

There is an imminent need to address the healthcare disparities in accessing all COVID-19 medicinal products in developing countries. While logistical issues like inadequate production facilities such as the lack of vaccines administration capacity, storage issues, gap between supply and demand as well as vaccine hesitancy can certainly play a part in impeding COVID19 medicines distribution, patent monopolies and intellectual property protection laws further exacerbated the problem, especially when vaccines were at its early stages of authorization. Historical and contemporary case studies of efforts to challenge patents on HIV AVRs treatment provide a useful lens through which we may glean …

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

All Faculty Scholarship

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …

Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais

Testimony and Submissions

We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.

Empirical research shows that more publication of citable research takes place in countries with “open” …

Small Claims Procedures For Library And Archives Opt-Outs And Class Actions, U.S. Copyright Office, Library Of Congress.

Copyright, Fair Use, Scholarly Communication, etc.

The U.S. Copyright Office is proposing procedures for a library or archive to preemptively opt out of Copyright Claims Board (CCB) proceedings, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. Additionally, the Office is proposing procedures to address a party’s decision to participate in or opt out of a class action arising out of the same transaction or occurrence as a claim before the CCB.

The CASE Act directs the Register to establish regulations allowing a library or archives that does not wish to participate in proceedings before the CCB to preemptively opt out …

Consortial Cdl: Implementing Controlled Digital Lending As A Mechanism For Interlibrary Loan, Blc Controlled Digital Lending Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The Boston Library Consortium (BLC) was founded upon a shared commitment to promote cooperation in making resources more readily available. Consortial controlled digital lending (CDL) powerfully expands and reimagines resource sharing across the consortium.

In September 2020, the BLC Board of Directors convened a CDL Working Group charged with investigating delivery mechanisms, technology, workflows, policies, copyright and legal issues, shared storage solutions, and other actions related to a potential consortial implementation of CDL among interested BLC member libraries.

The Working Group consisted of fourteen representatives from eleven member libraries and the BLC’s Executive Director. For almost twelve months, the …

Academic Library As Scholarly Publisher Bibliography, Version 2, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The Academic Library as Scholarly Publisher Bibliography includes over 175 selected English-language articles, books, and technical reports that are useful in understanding the digital scholarly publishing activities of academic libraries since the late 1980's, especially their open access book and journal publishing activities. The bibliography covers the following subtopics: pioneering academic library publishing projects in the 1980's and 1990's, early digital journals and serials published by librarians (as distinct from libraries), library-based scholarly publishing since the Budapest Open Access Initiative, technical publishing infrastructure, and library and university press mergers/partnerships and other relevant works.

Here is the Library Publishing …

Combating Digital Piracy In China And Its Unintended Side Effects, Singapore Management University

Perspectives@SMU

Research shows a reduction in online piracy in China’s digital publishing sector boosted creative production but also reduced writers’ efforts in engaging with readers

Copyright And State Sovereign Immunity: A Report Of The Register Of Copyrights, Shira Perlmutter

Copyright, Fair Use, Scholarly Communication, etc.

In March 2020, the Supreme Court held in Allen v. Cooper that Congress had exceeded its constitutional authority when it enacted legislation authorizing copyright infringement suits for damages against states.1 The Court based its decision on the legal doctrine of sovereign immunity, which generally precludes a federal court from hearing a suit against a state without the state’s consent. The Court noted that Congress has the power to abrogate state immunity, including to prevent or remedy deprivations of property without due process in violation of the Constitution. To do so, however, Congress generally must develop a legislative record demonstrating a …

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

#Omg - Omissions As Media Gaffes: Endorsements In Social Media Advertisements And Influencers' Disclosure Obligations, Maximillian Plail

Chicago-Kent Journal of Intellectual Property

Court decisions in Germany tend to draw little media interest, but an exception to this comes in the form of decisions relating to disclosure obligations on social media, such as the recent case involving Cathy Hummels. Due to enforcement issues and the paucity of damages awarded to individual and companies, there is a significant lack of literature on this field of law. As a consequence, this study, which compares the U.S. and Germany while also proposing how, exactly, the law needs to change, is unique. Hardly any other area of law is home to this much ambiguity that affects such …

From Principles To Practices: Open Science At Europe’S Universities. 2020-2021 Eua Open Science Survey Results, Rita Morais, Bregt Saenen, Federica Garbuglia, Stephane Berghmans, Vinciane Gaillard

Copyright, Fair Use, Scholarly Communication, etc.

This report presents the outcomes of the 2020-2021 EUA Open Science Survey and provides evidencebased recommendations for institutions, researchers, research funders and policymakers on the transition towards Open Science. The 2020-2021 EUA Open Science Survey focused on the level of development of Open Science in Europe‘s universities, addressing the role of Open Science in institutions’ strategic priorities and its implementation in institutional practices. In addition, the survey transversally addressed both the established (Open Access, research data) and emerging (e.g. citizen science, open education) fields of Open Science. This survey was open to all interested European higher academic institutions from October …

What’S The Big Deal? How Researchers Are Navigating Changes To Journal Access, Danielle Cooper, Oya Y. Rieger

Copyright, Fair Use, Scholarly Communication, etc.

The dominant mode by which research libraries have provided maximum journal access as cheaply as possible—subscription bundles or “Big Deals”—is giving way to new approaches. This transition is taking place through a combination of negotiations, activism, business modeling, user needs research, and decision support, among other factors. To support these processes, Ithaka S+R partnered with 11 academic libraries to understand researcher perceptions to help inform their ongoing strategic decision making about Big Deal journal subscriptions.

Recognizing that libraries must also undertake case-by-case assessments prior to making decisions about any particular journal package, in this report we share findings from the …

The Curious Case Of Horseracing Data Caught In A Tangled Web Of Relationships – The Racing Partnership Ltd V. Sports Information Services Ltd [2020] Ewca Civ 1300, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

This paper comments on the recent split decision of the English Court of Appeal in The Racing Partnership Ltd v. Sports Information Services Ltd [2020] EWCA Civ 1300 concerning the common law action for misuse of confidential information. Although the majority overturned the decision of the trial judge and found in favour of the defendant, this author will explain why the conclusion reached by the dissenting judge is the more compelling.

Future Of Scholarly Communication: Forging An Inclusive And Innovative Research Infrastructure For Scholarly Communication In The Social Sciences And Humanities, Maciej Maryl, Marta Błaszczyńska, Operas

Copyright, Fair Use, Scholarly Communication, etc.

Authors: Karla Avanço • Ana Balula • Marta Błaszczyńska • Anna Buchner • Lorena Caliman • Claire Clivaz • Carlos Costa • Mateusz Franczak • Rupert Gatti • Elena Giglia • Arnaud Gingold • Susana Jarmelo • Maria João Padez • Delfim Leão • Maciej Maryl • Iva Melinščak Zlodi • Kajetan Mojsak • Agata Morka • Tom Mosterd • Elisa Nury • Cornelia Plag • Valérie Schafer • Mickael Silva • Jadranka Stojanovski • Bartłomiej Szleszyński • Agnieszka Szulińska • Erzsébet Tóth-Czifra • Piotr Wciślik • Lars Wieneke

This report discusses the scholarly communication issues in Social Sciences and …

Arbitration By Ssos As A Preferred Solution For Solving The Frand Licensing Of Seps?, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

In the last decade, the licensing of standard essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms has been a thorny issue for SEP holders in the US and Europe on the one hand, and major SEP implementers in major Asian economies on the other, such as Japan, Korea, the PRC, Taiwan and even India. With the rise of the Fourth Industrial Revolution, driven by the Internet of Things (IoT), 5G, driverless vehicles, and artificial intelligence (AI), which relies even more on interconnectivity, more and more new standards and SEPs will emerge, and the issue of FRAND licensing of …

Investing In The Open Access Book Infrastructure: A Call For Action, Pierre Mounier, Jeroen Sondervan, Graham Stone

Copyright, Fair Use, Scholarly Communication, etc.

Books play an essential role in scholarly communication, notably but not only within the Social Sciences and Humanities. Open science benefits the quality and value of research and scholarship. If open access is to benefit society as widely as possible, it is logical to include academic books. In a 2019 briefing paper, Science Europe reported that: “Open access to academic books must be considered in the wider open access policies developed by research institutions, funders, and governments.”

In recent years, Knowledge Exchange, a joint network of six key national organisations in Europe, has been working on gaining a better understanding …

Questioning Authority: Patents And Source Evaluation In An Era Of Misinformation, Jess O'Toole

Journal of the Patent and Trademark Resource Center Association

In the world of academic research, patents are classified as primary literature, and are recognized as “a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else” (World Intellectual Property Organization, 2015, p.4). Because of their status, patents are often left out of conversations surrounding source credibility and evaluation. Recent news relating to the conspiracy theories surrounding the COVID-19 pandemic and several patents, however, demonstrates the potential use of patents in spreading misinformation and disinformation. Through applying source evaluation techniques in keeping with the Association of College & Research Libraries’ …

Stalking The Wild X Patent, Barbara J. Hampton

Journal of the Patent and Trademark Resource Center Association

For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated in a …

Intellectual Property, Secrets, And Declassified Information. Mastering United States Government Information: Sources And Services, Christopher C. Brown, Libraries Unlimited, 2020., Suzanne Reinman

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Copyright Alternative In Small-Claims Enforcement (‘‘Case’’) Act Regulations, U.S. Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

SUMMARY: The U.S. Copyright Office is issuing a notification of inquiry regarding its implementation of the Copyright Alternative in Small-Claims Enforcement (‘‘CASE’’) Act. The CASE Act establishes the Copyright Claims Board (‘‘CCB’’), an alternative forum in which parties may voluntarily seek to resolve certain copyright infringement and other claims. The Office must establish regulations to govern the CCB and its procedures, including rules addressing service of notice and other documents, waiver of personal service, notifications that parties are opting out of participating in the forum, discovery, a mechanism for certain claims to be resolved by a single CCB Officer, review …

Dataset Search In Biodiversity Research: Do Metadata In Data Repositories Reflect Scholarly Information Needs?, Felicitas Löffler, Valentin Wesp, Brigitta König-Ries, Friederike Klan

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

The increasing amount of publicly available research data provides the opportunity to link and integrate data in order to create and prove novel hypotheses, to repeat experiments or to compare recent data to data collected at a different time or place. However, recent studies have shown that retrieving relevant data for data reuse is a time-consuming task in daily research practice. In this study, we explore what hampers dataset retrieval in biodiversity research, a field that produces a large amount of heterogeneous data. In particular, we focus on scholarly search interests and metadata, the primary source of data in …

Federal Investigation Agency Against The Crime Of Book Piracy In Pakistan, Ghalib Khan Dr., Sobia Bashir, Faisal Shahzad, Saeed Ullah Jan Dr

Library Philosophy and Practice (e-journal)

The Federal Investigation Agency (FIA) is a counter-intelligence, criminal investigation and security agency of the Islamic Republic of Pakistan which was established in 1975. The Economic Crime Wing (ECW) of the FIA has the mandate to protect the Intellectual Property Rights (IPR) of the people of Pakistan. The main objective of this study is to investigate the role of FIA against the crime of book piracy in Pakistan. To achieve this objective, data was collected from the annual administration reports of FIA. The study found that FIA has been playing a vital role against the crime of book piracy …

The Oa Diamond Journals Study, Part 2: Recommendations, Arianna Becerril, Lars Bjørnshauge, Jeroen Bosman, Jan Erik Frantsvåg, Bianca Kramer, Pierre-Carl Langlais, Vanessa Proudman, Claire Redhead, Didier Torny, Pierre Mounier

Copyright, Fair Use, Scholarly Communication, etc.

Science Europe and cOAlition S publish an in-depth report and recommendations arising from a study of community-driven Open Access journals across the world that are free for readers and authors, usually referred to as 'OA diamond journals'.

The study examines the areas that are critical for OA diamond journals, from legal structures and governance to technical capabilities, editorial processes, and funding models. The recommendations made in the report are designed to help research funding organisations, institutions, scholarly societies, and infrastructures sustainably strengthen OA diamond journals in the context of Open Science.

The study was commissioned by cOAlition S and funded …

Code Of Best Practices In Fair Use For Open Educational Resources: A Guide For Authors, Adapters & Adopters Of Openly Licensed Teaching And Learning Materials, Meredith Jacob, Peter Jaszi, Prudence S. Adler, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

This code of best practices includes descriptions, hard cases, principles, and considerations for fair uses of materials in open educational resources with respect to United States copyright law, and with some discussion of copyright outside the United States context.

Open Educational Resources and Fair Use

Educators, librarians, and institutions have invested in the creation of openly licensed, freely distributed open educational resources (OER) to advance a wide range of goals within the educational system. Open educational resources enable flexible and open pedagogy; increase access to authorship and facilitate representation of different student experiences; and increase equity by reducing the barriers …