Owning and Using Scholarship: An IP Handbook for Teachers and Researchers
Kevin L. Smith
Computers & Technology
Owning and Using Scholarship: An IP Handbook for Teachers and Researchers
Free
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Contents
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Copyright and other types of laws regulating intellectual property create an increasing concern for contemporary scholarship. The digital environment has created exciting new opportunities and possibilities for scholars to work and distribute their work. But these new opportunities also create issues that did not arise in the analog world. Owning and Using Scholarship: An IP Handbook for Teachers and Researchers attempts to demystify intellectual property, and especially copyright law, for academic authors and independent scholars who face these dilemmas. It also can serve as a comprehensive resource for librarians who are asked to assist with these new and challenging decisions.



Throughout the book a clear explanation of the law is coupled with concrete examples drawn from actual issues encountered by scholars. This balance of theoretical background and practical application is designed to appeal to both those who want a quick discussion of potential approaches and those who prefer to know “why.” In addition to applying this approach to copyright issues that arise for research and teaching, the volume also discusses the options and obstacles that confront authors wishing to publish their work in new environment. Explanations and objective assessments of the different options available for disseminating scholarship are provided to assist authors and other creators in making their own decisions about the best choice for them.



Owning and Using Scholarship: An IP Handbook for Teachers and Researchers is essential for all academic libraries, disciplinary faculty, and for schools of library and information science professional collections and courses on copyright.



Print available via ALA Store

Language
English
ISBN
978-0-8389-8747-6
Owning and Using Scholarship: An IP Handbook for Teachers and Researchers
Contents
Chapter 1: Technology and the Growing Problem of Intellectual Property in Academia
A REVOLUTION IN COPYRIGHT LAW
THE DIGITAL REVOLUTION
LIVING IN REVOLUTIONARY TIMES
Chapter 2: What Is Intellectual Property Law and Why Does It Matter?
IS “INTELLECTUAL PROPERTY” THE RIGHT NAME?
COPYRIGHT
Purpose and Character
What Can Be Protected?
Exclusive Rights
How Protection Arises
Copyright Term and the Public Domain
Infringement and Exceptions
PATENTS
Purpose and Character
Scope of Patent Protection
Scholars and Patented Inventions
Obtaining a Patent
Duration and Enforcement of Patents
TRADEMARK
Purpose and Character
Scope of a Trademark
Obtaining and Maintaining a Trademark
Scholars and Trademark Use
TRADE SECRETS AND THE ROLE OF IP IN SCHOLARSHIP
Chapter 3: Who Owns Scholarly Work?
COPYRIGHTS AND PATENTS ON CAMPUS
OWNING COPYRIGHT
Joint Authorship
Research Example—Joint Authorship
Work Made for Hire
Research Example—Work Made for Hire
Work Made for Hire—The Common Law “Teacher Exception”
Work for Hire and New Forms of Scholarship
Teaching Example—Work Made for Hire
UNIVERSITY IP POLICIES
Copyright Policies
Teaching Example—The Rise of MOOCs
Research Example—Policy Application
Patent Policies
Trademark Policies
CONCLUSION
Chapter 4: Using Copyrighted Works in Scholarship
IS THE WORK I WANT TO USE SUBJECT TO COPYRIGHT PROTECTION?
Works Published before 1923
Teaching Example—Public Domain Works
Works Published in the United States between 1923 and 1963
Federal Government Works
Research Example—Government Work
Works Lacking Minimal Creativity
Teaching Example—Photographic Reproduction
The Internet Is NOT the Public Domain
Teaching Example—The Internet
IS THERE A LICENSE IN PLACE THAT GOVERNS MY PROPOSED USE?
Commercial and Online Licenses
Blanket Licenses
Teaching Example—Course Content
Creative Commons Licenses
Research Example—CC Licenses
IS THERE A SPECIFIC EXCEPTION IN THE COPYRIGHT LAW THAT ALLOWS MY PROPOSED USE?
Performances and Displays in Face-to-Face Teaching
Transmissions of Performances and Displays
Teaching Example—Hybrid Courses
IS MY PROPOSED USE A “FAIR USE”?
The Factor Analysis
The Second and Third Fair Use Factors
Fourth Factor: Effect on the Potential Markets for the Original
Controversial and Uncontroversial Fair Use
Uncontroversial Fair Use Examples
Fair Use Controversies
Fair Use Decisions in Academia
WHO SHOULD I ASK FOR PERMISSION?
Research Example—Permission
CONCLUSION
Chapter 5: Copyright Management and the Dissemination of Scholarship
TRADITIONAL SCHOLARLY PUBLISHING AND ITS DISCONTENTS
Advantages and Disadvantages—Traditional Publication in Subscription-Based Journal
COPYRIGHT AND CONTROL
MANAGING COPYRIGHTS
THE PUBLICATION CONTRACT
OPEN ACCESS DEFINED
Open Access Definitions
OPEN-ACCESS OPTIONS AND PEER REVIEW
Open-Access Journals
“Gold” Open Access—Publication in Wholly Open-Access Journal
Hybrid Publications
Hybrid Open-Access Publication with Traditional Publisher
SELF-ARCHIVING AND DIRECT WEB PUBLICATION
Self-Archiving
Green Open Access—Self-Archiving after Traditional Publication
Direct Web Publication
Direct Web Distribution—Blogs and Web-Based Discourse Spaces
CONCLUSION
Chapter 6: Beyond Copyright: Licensing and Technological Protection Measures
LICENSING
Licensing in General
Publication under License
Software Licenses and Terms of Use
Individual versus Enterprise-wide Licensing in Academia
Creative Commons Licensing
Creative Commons Licenses and Open-Access Journals
TECHNOLOGICAL PROTECTION MEASURES
TPMs and the Future
CONCLUSION
Text Mining—A Licensing Quandary
Chapter 7: Intellectual Property in a World without Borders
BOUNDED JURISDICTIONS IN AN UNBOUNDED ENVIRONMENT
INTERNATIONAL TREATIES
UNSETTLED QUESTIONS FOR THE BORDERLESS DIGITAL WORLD
Orphan Works and Copyright Reform
First Sale in Analog and Digital
CONCLUSION
Works Cited
Index
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