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Item Access to Knowledge in Brazil: New Research on Intellectual Property, Innovation and Development(Bloomsbury Academic, 2010) Shaver, LeaAccess to knowledge is a demand for democratic participation, for global inclusion and for economic justice. It is a reaction to the excessively restrictive international IP regime put in place over the last two decades, which seeks to reassert the public interest in a more balanced information policy. With sponsorship from the Ford Foundation, the Information Society Project at Yale Law School has embarked on a new series of access to knowledge research, in partnership with colleagues in Brazil, China, Egypt, Ethiopia, India, Russia and South Africa. The first book in this series, Access to Knowledge in Brazil, focuses on current issues in intellectual property, innovation and development policy from a Brazilian perspective. Each chapter is authored by scholars from the Fundação Getulio Vargas law schools in São Paolo and Rio de Janeiro and examines a policy area that significantly impacts access to knowledge in the country. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector.Item Access to Knowledge in Egypt: New Research on Intellectual Property, Innovation and Development(Bloomsbury Academic, 2010) Shaver, Lea; Rizk, NaglaThe conventional wisdom in Egypt examines the issue of intellectual property solely as a question of policing and enforcement. The high levels of protection indicated by the WTO Agreement on Trade Related Aspects of Intellectual Property Rights are unquestioningly assumed to be desirable. Policy debates - and all too often academic ones as well - focus only on the questions of how to more efficiently tighten IP protection and crack down on piracy. Yet a more critical examination is urgently needed, whereby IP law, policy, and practice are viewed from a development perspective, rather than from an enforcement perspective. This volume takes on this endeavor. It offers the first examination of IP issues in Egypt adopting a multidisciplinary bottom-up approach that aims at maximizing access and contribution to knowledge, and in turn, promoting development. Bringing rigorous empirical research to bear on unquestioned ideologies, the collaborating authors question the conventional wisdom that more IP protection is necessarily better for innovation and development.Item Access to Knowledge in India: New Research on Intellectual Property, Innovation and Development(Bloomsbury Academic, 2011) Subramanian, Ramesh; Shaver, LeaThis is the third volume in our Access to Knowledge series. India is a $1 trillion economy which nevertheless struggles with a very high poverty rate and very low access to knowledge for almost seventy percent of its population which lives in rural areas. This volume features four parts on current issues facing intellectual property, development policy (especially rural development policy) and associated innovation, from the Indian perspective. Each chapter is authored by scholars taking an interdisciplinary approach and affiliated to Indian or American universities and Indian think-tanks. Each examines a policy area that significantly impacts access to knowledge. These include information and communications technology for development; the Indian digital divide; networking rural areas; copyright and comparative business models in music; free and open source software; patent reform and access to medicines; the role of the Indian government in promoting access to knowledge internationally and domestically.Item Advising Faculty on Law Journal Publication Agreements(2012) Keele, Benjamin J.One of the primary areas of service for academic librarians is faculty support, and one of faculty‘s primary goals is to publish law journal articles. Librarians provide a lot of assistance in the pre-submission phase of an article‘s development — crafting searches, retrieving sources, and compiling statistics. We also help journal staff with cite-checking after an article has been submitted and accepted. An additional service librarians can offer faculty is reviewing journal publication agreements when articles are accepted.Item Authors' Rights to Share Scholarship: A Survey of IUPUI Faculty Attitudes(2014-04-11) Odell, Jere D.; Dill, Emily; Palmer, Kristi L.Faculty who take an active role in the dissemination of their research are more likely to make an impact on a field of scholarship. Online, full text archiving is a key component of being a self-advocate and for building a scholarly reputation. In fact, posting a version of a published article in an open access repository, such as IUPUI ScholarWorks, increases an author’s citation rate. Most journal publishers (72%) permit authors to upload a version of their article to IUPUI ScholarWorks; however, faculty may be unsure of how to exercise this right. Do IUPUI faculty self-archive their articles? Do they examine or negotiate the terms of their copyright transfer agreements? Would IUPUI faculty consider implementing a campus policy to maximize their rights as authors? To explore attitudes related to these questions, we conducted a campus-wide survey of IUPUI faculty in the Fall semester of 2013. The survey adapted an instrument used in similar campus-wide research conducted in 2006 at the University of California and in 2010 at the University of Toronto. This broad survey addressed attitudes regarding many factors relevant to publishing, peer review and scholarly communications. Here we report preliminary results pertaining to author’s rights, self-archiving practices and open access policies. Results: Complete responses (n=248); Partial responses (n=90). Author’s Rights: Most faculty (54%) consider the right to self-archive as a factor in selecting a journal for publication. A few have refused to sign a copyright transfer agreement (n=16) and a few have modified contracts (n=10). Most (68%) support a campus discussion of copyright management. Likewise, faculty would appreciate instructions and models for copyright negotiations (65%) as well as more formal institutional support for retaining rights (61%). Self-Archiving: Although nearly half had heard of IUPUI ScholarWorks (45%), only 25% of the respondents reported submitting a work to an institutional repository. Faculty were most influenced to self-archive by the motivation to support the dissemination of academic research in general (n=151), by increased exposure (n=149), and by the norms of their academic unit (n=102). Open Access Policies: The majority of faculty (72%) were unfamiliar with institutional open access policies such as those at Harvard, MIT, Duke and Kansas. When asked, however, if IUPUI should consider implementing a similar policy, 52% were unsure, 39% were supportive and only 9% disagreed.Item Copyright and Research in Google Book Search(2011) Keele, Benjamin J.Many researchers—even trained professionals—often use the Google search engine to begin searches for information. Google’s many products enable researchers to search public websites, scholarly articles, and even patents. One vast area of information not yet thoroughly indexed by Google is print books. Google Book Search (also at times referred to as Google Books, Google Print and Google Library Project) is the company’s effort to digitize and index the world’s print literature.Item Copyright Law for Botanical Artists(American Society of Botanical Artists (ASBA), 2024-03) Hook , Sara AnneThis article discusses the application of copyright law to botanical art/botanical illustration, including the history of copyright law, the rights of copyright owners, the fair use exception and how botanical artists can protect their own artwork and teaching materials.Item Copyright Provisions in Law Journal Publication Agreements(2010) Keele, Benjamin J.Mr. Keele examined copyright provisions of law journal publication agreements and found that a minority of journals ask authors to transfer copyright. Most journals also permit authors to self-archive articles. He recommends journals make their agreements publicly available and use licenses instead of copyright transfers.Item From Ashes to Fire: Trademark and Copyright in Transition(North Carolina Law Review, 2004) Magliocca, Gerard N.This Article explores the parallels between current developments in copyright law and the evolution of unfair competition doctrine in the early twentieth century. In each case, influential segments of the legal establishment responded to a major technological upheaval by rejecting gradual reform. They argued that the existing regulatory framework was so obsolete that only a radical overhaul could address the new paradigm. In the unfair competition context, that impulse led to the creation of misappropriation, dilution, and the right of publicity, all of which reshaped intellectual property even though they did not supplant traditional principles. In copyright, a similar process is underway in the wake of the Internet Revolution that may have profound consequences. The analysis concludes by examining the relationship between the three radical unfair competition proposals and their counterparts in copyright in order to project the future of the law.Item Oversharing? Copyright, Open Access, and Managing Risks in ILL(2016-09-08) Baich, Tina; Dethloff, NoraILL staff must be familiar with a network of copyright laws and guidelines to determine whether they can legally fill an ILL copy request with the material in hand. An important factor in making such determinations is a risk assessment. While the CONTU guidelines can be a measuring stick, there has been much discussion recently about their applicability in our current environment and whether or not they restrict our application of the fair use restriction. The answer to these copyright questions may appear to be open access, but widespread sharing through social media channels makes risk assessment a requirement in this arena as well. This presentation will discuss the safe harbors created by the CONTU guidelines and open access publishing and how to mitigate institutional risk in the sharing of journal content.