Owning and Using Scholarship: An IP Handbook for Teachers and Researchers
Free

Owning and Using Scholarship: An IP Handbook for Teachers and Researchers

By Kevin L. Smith
Free
Book Description

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.



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Table of Contents
  • 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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