Tag: copyright (page 1 of 3)

Articles of Interest: January-June 2019

This post highlights articles published in the first half of 2019 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Bow, C. & Hepworth, P.  (2019). Observing and Respecting Diverse Knowledge Traditions in a Digital Archive of Indigenous Language Materials. Journal of Copyright in Education and Librarianship, 3(1), 1-36. doi.org/10.17161/jcel.v3i1.7485 [OA full text]

Bunker, M. (2019) Decoding Academic Fair Use: Transformative Use and the Fair Use Doctrine in Scholarship. Journal of Copyright in Education and Librarianship, 3(1), 1-24. doi.org/10.17161/jcel.v3i1.6481 [OA full text]

Katz, R. (2019). A Pilot Study of Fan Fiction Writer’s Legal Information Behavior. Journal of Copyright in Education and Librarianship, 3(1), 1-29. doi.org/10.17161/jcel.v3i1.7697 [OA full text]

Harbeson, E. (2019). Thinking Globally About Copyright: ARSC at the World Intellectual Property Organization. ARSC Journal50(1), 100–107. [OSU full text]

Mallalieu, R. (2019). The elusive gold mine? The finer details of Creative Commons licences – and why they really matter. Insights: The UKSG Journal32, 1–7. doi.org/10.1629/uksg.448 [OSU full text] / [OA full text]

Rosenblatt, B. (2019). Blockchain: The Hype and the Reality. Publishers Weekly266(12), 26. [OSU full text]

Russell, C. (2019). Librarian of Congress appoints new Register of Copyrights. College & Research Libraries News80(5), 298. [OSU full text] / [OA full text]

Schumacher, S. (2019). Unlocking the Public Domain. Visual Resources Association Bulletin46(1), 1–11. [OSU full text] / [OA full text]

Weeramuni, L. (2019). How to Fight Fair Use Fear, Uncertainty, and Doubt: The Experience of One Open Educational Resource. Journal of Copyright in Education and Librarianship, 3(1), 1-21. doi.org/10.17161/jcel.v3i1.9751 [OA full text]

Legislation & Policy Developments

Abbott, N. (2019). Marrakesh Treaty in Action. Library Journal144(4), 32–34. [OSU full text]

Libraries

Coates, J. (2019). Copyright: More Copyright Reform for Libraries in 2019. InCite40(1/2), 22–23.  [OSU full text]

Lipinski, T. A., & Henderson, K. A. (2019). Legal Issues Surrounding the Collection, Use and Access to Grey Data in the University Setting: How Data Policies Reflect the Political Will of Organizations. Grey Journal (TGJ)15(2), 77–90. [OSU full text]

Reed, J. B., & Jahre, B. (2019). Reviewing the Current State of Library Support for Open Educational Resources. Collection Management44(2–4), 232–243. doi.org/10.1080/01462679.2019.1588181 [OSU full text]

Schmidt, L. (2019). Library VHS in Danger: Media Preservation in Academic Libraries. Journal of Copyright in Education and Librarianship, 3(1), 1-23. doi.org/10.17161/jcel.v3i1.7109 [OA full text]

Towery, S., Price, A. N. & Cowen, K. E. (2019).  Video Streaming Licenses: Using a Decision Tree and Workflow Chart. Journal of Copyright in Education and Librarianship, 3(1), 1-32.  doi.org/10.17161/jcel.v3i1.7483 [OA full text]

Publishing & Scholarly Communications

Gumb, L. (2019). An open impediment: Navigating copyright and OER publishing in the academic library. College & Research Libraries News80(4), 202–215. doi.org/10.5860/crln.80.4.202 [OSU full text] / [OA full text]

Heaton, R., Burns, D., & Thoms, B. (2019). Altruism or Self-Interest? Exploring the Motivations of Open Access Authors. College & Research Libraries80(4), 485–507. [OSU full text] / [OA full text]

Prosser, D. (2019). Researchers: stop signing away your copyright. Research Information, (101), 36. [OSU full text]

Willinsky, J. & Rusk, M. (2019). If Research Libraries and Funders Finance Open Access: Moving beyond Subscriptions and APCs. College & Research Libraries80(3), 340–355. [OSU full text] / [OA full text]

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries.

Categories of Protected Works

The most current federal copyright statute includes eight categories of copyrightable works for both published and unpublished materials. But these eight categories weren’t added all at once, rather these broad classifications were added gradually over time as new technologies gave rise to new works.

When the first federal copyright statute was enacted in the United States, the Act only extended protection to “maps, charts, and books”, what we now generally categorize as literary works. The first addition came in 1802 when the 1790 Act was amended to include “engraving, and etching historical and other prints”, and also included the first instance of formalities that required creators to include a prescribed copyright notice on every work distributed to the public.

David L. Richardson and I.T. Norton registered the first musical work, “Maid of My Love” in 1831 after a revision of the general copyright law. Under current copyright law, Section 102(a)(2) provides protection in “musical works, including any accompanying words” that are fixed in a tangible medium of expression. Dramatic works received protection in 1856 which included for the first time, the right of public performance.

In 1865, just a few weeks before his death, Lincoln signed a new law that granted copyright protection to photographs and photographic negatives. Many speculate that the work of famous Civil War photographer Mathew Brady had a strong influence on the bill.

Twenty six years later, U.S. copyright law was amended again when President Benjamin Harrison signed the International Copyright Act of 1891 which was the first US copyright law authorizing the establishment of copyright relations with foreign countries. It was the first U.S. congressional act that offered US copyright protection to citizens of other countries. The first foreign work registered was the play Saints and Sinners by British author Henry Arthur Jones.

Public performance rights for musical compositions were formally established in 1897. In 1903, the Supreme Court extended protection to commercial art after Bleistein v. Donaldson Lithographing Co. sought protection for circus advertisements.

Before motion pictures were formally protected in 1912, copyright owners were required to register the works as a series of still photographs. “Edison Kinetoscopic Record of a Sneeze” from 1894 is the oldest surviving motion picture deposited as still photos. The first motion picture registered under this new category was “Black Sheep’s Wool” from the Republic Film Company.

The last two additions to the categories of copyrightable works came in in the late 20th century. In 1980 the law was amended to affirm the copyrightability of computer programs, which falls under the broad category of literary works. Ten years later, architecture works were added in 1990, though they unofficially been protected since the 1909 Copyright Act as “[d]rawings or plastic works of a scientific or technical nature”, which were commonly interpreted as blueprints. In 1976, “an architect’s plans and drawings” were included as pictorial, graphic, or sculptural works, but the protection was limited by the concept of useful articles. When the U.S. joined the Berne Convention in 1989, architectural works were formally added a requirement of the agreement.

Are you ready to test what you’ve learned above? Check out the interactive tool to put the categories of copyrightable works in the order they were added to law.

Do you want to learn more about copyright history in the United States? Visit the interactive Copyright Timeline available through the US Copyright Office.

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By Allison DeVito, Copyright Services Specialist at Copyright Services, The Ohio State University Libraries.

Articles of Interest: July-December 2018

This post highlights articles published in the second half of 2018 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided when available; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Boettcher, J. C. & Dames, K. M. (2018). Government Data as Intellectual Property: Is Public Domain the same as Open Access? Online Searcher42(4), 42–48. [OSU full text]

Charlton, J. (2018). New European Copyright Directive Courts Controversy. Information Today35(9), 15. [OSU full text]

Christou, C. (2018). Where to Learn About Copyright. Information Today35(7), 1–27. [OSU full text] / [OA full text]

Courtney, K. K. (2018). The state copyright conundrum: What’s your state government’s rule on copyright? College & Research Libraries News79(10), 571–574. [OSU full text] / [OA full text]

Ensign, D. (2018). Copyright Corner: Blockchain and Copyright. Kentucky Libraries82(3), 4–5. [OSU full text]

Pike, G. H. (2018). Who Owns the Law? Information Today, 35(6), 18. [OSU full text]

Teixeira da Silva, J. A. (2018). The Issue of Comment Ownership and Copyright at PubPeer. Journal of Educational Media & Library Sciences55(2), 1–15. [OSU full text] / [OA full text]

Wingo, R. S., Logsdon, A., & Schommer, C. (2018). Going viral: Copyright lessons from Max the Cat. College & Research Libraries News, 79(7/8), 350–353. [OSU full text] / [OA full text]

Libraries

Capell, L. and Williams, E., 2018. Implementing RightsStatements.org at the University of Miami Libraries. Journal of Librarianship and Scholarly Communication, 6(1), p.eP2254. doi.org/10.7710/2162-3309.2254 [OA full text]

Ensign, D. (2018). Copyright Corner: Public Lending Rights. Kentucky Libraries82(4), 2–3. [OSU full text]

Hansen, D. R., & Courtney, K. K. (2018, September 24). A White Paper on Controlled Digital Lending of Library Books. doi.org/10.31228/osf.io/7fdyr [OA full text]

Radniecki, T. (2018). Intellectual Property in the Makerspace. Journal of Library Administration58(6), 545–560. doi.org/10.1080/01930826.2018.1491178 [OSU full text] / [OA full text]

Publishing & Scholarly Communication

Bolick, J. (2018). Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargoes. Journal of Copyright in Education and Librarianship, 2(2), 1-19. doi.org/10.17161/jcel.v2i2.7415 [OA full text]

Herr, M., 2018. The Rights Provisions of a Book Publishing Contract. Journal of Librarianship and Scholarly Communication, 6(1), p.eP2273. doi.org/10.7710/2162-3309.2273 [OA full text]

Kohn, A. and Lange, J., 2018. Confused about copyright? Assessing Researchers’ Comprehension of Copyright Transfer Agreements. Journal of Librarianship and Scholarly Communication, 6(1), p.eP2253. doi.org/10.7710/2162-3309.2253 [OA full text]

Lewis, C. (2018). The Open Access Citation Advantage: Does It Exist and What Does It Mean for Libraries? Information Technology & Libraries, 37(3), 50–65. doi.org/10.6017/ital.v37i3.10604 [OSU full text] / [OA full text]

Xu, H. (2018). Obstacles for Faculty using Open Educational Resources and Solutions. Texas Library Journal, 94(3), 85–87. [OSU full text]

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries.

Back to the Basics with Copyright Law

Today is the 9th anniversary of the Copyright Corner blog, with the first post (Why Copyright Education?) published back in August of 2009. Since then, we’ve had posts covering a wide-range of issues; from copyright protection for patterns and DMCA exemptions to copyright issues faced by units across OSU Libraries and tips on finding a copyright owner. For this post, we are going back to the basics and looking at some of the fundamentals of copyright law in the United States.

Why do we have copyright?

There are a number of theories on the purpose of copyright. Countries may have laws that encompass one or more of these theories.

One common theory for the purpose of copyright is utilitarian. Under this theory, we provide authors a copyright in the works they create as an incentive to create and disseminate new works. The law is organized to promote the collective welfare of society, but recognizes that unless creators can recoup the costs involved in the creation and dissemination of their works, they won’t produce the works. Copyright gives to authors and creators exclusive rights in the works they create, which in turn allows them to suppress competition for a limited time.

Much of U.S. copyright law seems to align with this theory, with Article I, Section 8, Clause 8 of the U.S. Constitution granting Congress the power “to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries.”

Another theory for the purpose of copyright is the author’s rights theory. Under this theory, the primary purpose of copyright is to recognize and protect the emotional bond between artists and their creations, acknowledging creative works as manifestations and extensions of their author’s personality. Countries whose laws are influenced by this theory may provide moral rights for authors and creators that exist separately from economic rights.

What exactly is copyright and how do you get it?

Copyright is a legal right that allows creators and authors the ability to control certain uses of their works. The owner of a copyright has a number of exclusive rights that are provided under the law (these rights are discussed below).

In the U.S., copyright protects original works of authorship that are fixed in a tangible medium of expression and copyright exists at the moment of fixation. In other words, copyright protection is automatic.

Including a copyright notice (e.g., © 2018 The Ohio State University) is optional for works created today but there can be some advantages to including a notice on your copyrighted work. And registration with the U.S. Copyright Office? That’s also an optional step that provides some important benefits to copyright holders.

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Articles of Interest: January-June 2018

This post highlights articles published in the first half of 2018 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided when available; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Benson, S. R.  (2018).  Sports  uniforms  and  copyright:  Implication for applied  art  educators  from  the  Star  Athletica  decision. Journal of Copyright in Education and Librarianship, 2(1), 1–7. doi:10.17161/jcel.v2i1.6575 [OA full text]

Carlstone, J., Stein, A., Norman, M., & Wilkin, J. (2018) Copyright renewal of U.S. books published in 1932: Re-analyzing Ringer’s study to determine a more accurate renewal rate for books. College & Research Libraries, [S.l.], v. 79, n. 5, p. 697. doi:10.5860/crl.79.5.697. [OA full text]

Harbeson, E. J. (2018). Bridge over Bridgeport: An incremental change in case law of sampling. ARSC Journal 49(1), 41–46. [OA full text]

Pike, G. H. (2018). Legal limits to linking challenge social media. Online Searcher42(3), 36-38. [OSU full text] / [OA full text]

Willi Hooper, M. (2018). Copyright for movie night: Film screenings on campus. Journal of Copyright in Education and Librarianship, 2(1), 1–17. doi:10.17161/jcel.v2i1.6576 [OA full text]

Legislation & Policy Developments

Hines, S., & Russell, C. (2018). Washington Hotline: Music copyright legislation proceeding. College & Research Libraries News79(4), 205. [OSU full text] / [OA full text]

Peet, L. (2018). Marrakesh Treaty Act introduced. Library Journal143(7), 10-11. [OSU full text] / [OA full text]

Libraries

Algenio, E. (2018). Making the transition as the new copyright librarian. Journal of Copyright in Education and Librarianship, 2(1), 1–24. doi:10.17161/jcel.v2i1.6579 [OA full text]

Ensign, D. (2018). Copyright Corner: Library reproduction and distribution of older copyrighted materials. Kentucky Libraries82(1), 2-3. [OSU full text]

Goben, A., & Doubleday, A.F. (2018).  Copyright in the health sciences literature: A narrative review. Journal of Copyright in Education and Librarianship, 2(2), 1-26 . doi:10.17161/jcel.v2i2.6654 [OA full text]

Lewin-Lane, S., Dethloff, N., Grob, J, Townes, A., & Lierman, A. (2018). The search for a service model of copyright best practices in academic libraries. Journal of Copyright in Education and Librarianship, 2(2), 1-25. doi:10.17161/jcel.v2i2.6713 [OA full text]

Thomas, C. (2018). In depth: Interactive copyright education for 3D objects. Journal of Copyright in Education and Librarianship, 2(1), 1–17. doi:10.17161/jcel.v2i1.6577 [OA full text]

Publishing & Scholarly Communication

Charlton, J. (2018). Elsevier negotiations still in limbo. Information Today35(2), 8. [OSU full text] / [OA full text]

Greco, A. N. (2018). The scholarly publishing community should support changes to US copyright law. Journal of Scholarly Publishing49(2), 248-259. doi:10.3138/jsp.49.2.248 [OSU full text]

Lipinski, T. A., & Kritikos, K. C. (2018). How open access policies affect access to grey literature in university digital repositories: A case study of iSchools. Grey Journal (TGJ)14(1), 6-20. [OSU full text]

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By Maria Scheid, Copyright Services Coordinator at Copyright Services, The Ohio State University Libraries.

Articles of Interest: July-December 2017

This post highlights articles published in the second half of 2017 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided when available; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Bailey, J. (2017). How Copyright Law Works for YouTube. Copyright & New Media Law21(4), 5-7. [OSU full-text]

Christou, C. (2017). Copyright in 2018. Information Today34(10), Cover-29. [OSU full-text] / [OA full-text]

McCord, G. (2017). A Few Secrets About Fair Use. Copyright & New Media Law21(4), 8-10. [OSU full-text]

Myers, C., Taylor, T., & Wesolek, A. (2017). An Interview with Peter Jaszi, Professor of Law, Faculty Director of the Glushko-Samuelson Intellectual Property Clinic. Journal of Copyright in Education and Librarianship. 2(1), 1‒8. doi.org/10.17161/jcel.v1i2.6970. [OA full-text]

Perez, J. E. (2017). Images and the Open Educational Resources (OER) movement. Reference Librarian58(4), 229-237. doi:10.1080/02763877.2017.1346495. [OA full-text]

Pike, G. H. (2017). NAFTA and its IP provisions at risk. Information Today, 34(10), 18. [OSU full-text]

Russell, C. (2017). The latest on H.R. 1695/S. 1010. College & Research Libraries News, 78(7), 398. [OSU full-text] / [OA full-text]

Libraries

Butler, B., & Russell, C. (2017). Section 108 revision: Nothing new under the sun. Journal of Copyright in Education and Librarianship. 2(1), 1‒37. doi.org/10.17161/jcel.v1i2.6972. [OA full-text]

Oltmann, S. s. (2017). Intellectual freedom in academic libraries: Surveying deans about its significance. College & Research Libraries, 78(6), 741-760. [OSU full-text] / [OA full-text]

Vargas, M.A., & Bright, J. (2017). Rev your engines: Racing ahead with mass digitization. Computers In Libraries37(7), 4-8. [OSU full-text]

Publishing & Scholarly Communication

Narayan, B., & Luca, E. (2017). Issues and challenges in researchers’ adoption of open access and institutional repositories: a contextual study of a university repository. Information Research22(4), 1-14. [OSU full-text] / [OA full-text]

Sterman, L. (2017). The enemy of the good: How specifics in publisher’s green OA policies are bogging down IR deposits of scholarly literature. College & Research Libraries News78(7), 372-401. [OSU full-text] / [OA full-text]

Yeates, S. (2017). After Beall’s ‘List of predatory publishers’: Problems with the list and paths forward. Information Research, 22(4), 1-6. [OSU full-text] / [OA full-text]

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By Maria Scheid, Copyright Services Specialist at Copyright Services, The Ohio State University Libraries

Copyright in CarmenCanvas Guide: New resource demonstrates best practices for sharing copyrighted content in Carmen courses

Does your course include movies, text, pictures, or audio that you did not create? Are you planning to share materials you created with your students? To help instructors in the creation of their Carmen courses, we’ve put together the Copyright in CarmenCanvas Guide.  It will help readers understand copyright law, specifically in the context of creating Carmen courses.  While it is not legal advice, it is both a wealth of information and a multi-media demonstration of copyright best practices for sharing content through Carmen.

Readers can begin with the syllabus, gaining a topical overview of the information in each module of the Guide.  The modules in the Guide are in order from most open (materials that may be used in a course without copyright limitation), to most restrictive (materials and uses that will require permission from the copyright owner).  Each module begins with an introduction page describing the topics to be discussed in the module.  After the introduction, each page within a module contains an explanation and one or more demonstrations of best practices relevant to the topic at issue.   A listing of helpful resources is also included within each page, for those seeking more information on the topic. The introduction page of the Guide provides additional resources for those who wish to improve their general understanding of copyright and related issues.

Modules do not need to be completed in any particular order.  However, we do encourage readers to explore all the modules to become familiar with the many options available to course creators as they pull content into their courses.

Whether a reader visits one page, or reviews the entire Copyright in CarmenCanvas Guide, it is a great resource for anyone creating courses at The Ohio State University.

Contact our office with additional questions.

Website: go.osu.edu/copyright

Email:  LIBCopyright@osu.edu

Twitter:  @OSUCopyright

Phone:  614-688-5849

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By Maria Scheid, Rights Management Specialist at  Copyright Services, The Ohio State University Libraries

Articles of Interest: January-June 2017

This post highlights articles published in the first half of 2017 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided when available; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation in the comments!

Copyright

Clobridge, A. (2017). The ins and outs of open licenses. Online Searcher41(2), 62-65. [OSU full text]

Fernández-Molina, J., Moraes, J. E., & Guimarães, J. C. (2017). Academic libraries and copyright: Do librarians really have the required knowledge? College & Research Libraries78(2), 241-259. doi:10.5860/crl.78.2.241. [OA full text] / [OSU full text]

Harbeson, E. (2017). The Story So Far: Recap and Update on Flo & Eddie. ARSC Journal48(1), 43-49. [OSU full text]

Pike, G. H. (2017). Influence and Independence: Intrigue and the direction of the Copyright Office. Information Today34(1), 21. [OA full text] / [OSU full text]

Wilkin, J. P. (2017). How large is the “Public Domain”? A comparative analysis of Ringer’s 1961 Copyright Renewal Study and HathiTrust CRMS data. College & Research Libraries78(2), 201-218. doi:10.5860/crl.78.2.201. [OA full text] / [OSU full text]

Legislation & Policy Developments

Ayris, P. (2017). Brexit – and its potential impact for open access in the UK. Insights: The UKSG Journal30(1), 4-10. doi:10.1629/uksg.336. [OA full text] / [OSU full text]

Benson, S. R. (2017). Keep copyright in the library: Why the Copyright Office belongs in the Library of Congress. American Libraries48(5), 20. [OA full text] / [OSU full text]

Peet, L. (2017). Experts on next Register of Copyrights. Library Journal142(3), 14-17. [OA full text] / [OSU full text]

Libraries

Benson, S. R. (2017). Interpreting Fair Use for Academic Librarians: Thinking Beyond the Scope of the Circular 21 Guidelines. Journal of Academic Librarianship43(2), 105-107. doi:10.1016/j.acalib.2017.02.001 [OA full text]

Borchard, L., & Magnuson, L. (2017). Library leadership in open educational resource adoption and affordable learning initiatives. Urban Library Journal23(1), 1-13. [OA full text] / [OSU full text]

Sims, N. (2017). Rights, ethics, accuracy, and open licenses in online collections. College & Research Libraries News78(2), 79-82. [OA full text] / [OSU full text]

Tay Pek, S., Lim Heng, G., Ghani Azmi, I. A., & Sik Cheng, P. (2017). The impact of copyright law on the digitization of library collections in academic libraries in Malaysia. Malaysian Journal Of Library & Information Science22(1), 83-97. [OA full text] / [OSU full text]

Publishing & Scholarly Communication

Badke, W. (2017). Sci-Hub and the researcher. Online Searcher41(2), 56-58. [OSU full text]

Gardner, C. c., & Gardner, G. g. (2017). Fast and Furious (at Publishers): The motivations behind crowdsourced research sharing. College & Research Libraries78(2), 131-149. [OA full text] / [OSU full text]

Myška, M. (2017). Text and data mining of grey literature for the purpose of scientific research. Grey Journal (TGJ)1332-37. [OSU full text]

Rowley, J., Johnson, F., Sbaffi, L., Frass, W., & Devine, E. (2017). Academics’ behaviors and attitudes towards open access publishing in scholarly journals. Journal of the Association for Information Science and Technology, 68(5), 1201-1211. doi:10.1002/ASI.23710 [OA full text] / [OSU full text]

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By Maria Scheid, Rights Management Specialist at the Copyright Resources Center, The Ohio State University Libraries

Articles of Interest: July-December 2016

This post highlights articles published in the second half of 2016 with a focus on copyright, especially as it pertains to libraries, higher education, and scholarly communication. Links to the full-text articles are provided when available; [OSU full-text] links will connect authenticated users through The Ohio State University Libraries, while [OA full-text] links point to an open access version of the article that should be available to all users.

Did we miss an interesting article? Please share the citation!

Copyright

Bailey, L. (2016). How Copyright Law is Promoting Cultural Amnesia. Copyright & New Media Law20(2), 1-5. [OSU full text]

Kristof, C. (2016). Data and Copyright. Bulletin Of The Association For Information Science & Technology42(6), 20-22. [OA full text]

Matulionyte, R. (2016). 10 years for Google Books and Europeana: copyright law lessons that the EU could learn from the USA. International Journal Of Law & Information Technology24(1), 44-71. doi:10.1093/ijlit/eav018 [OA full text]

Menard, G. (2016). Copyright, digital sharing, and the liberal order: sociolegal constructions of intellectual property in the era of mass digitization. Information, Communication & Society19(8), 1061-1076. doi:10.1080/1369118X.2015.1069872. [OSU full text]

Price, D. (2016). Stop Using Our Songs!. Copyright & New Media Law20(3), 5-9. [OSU full text]

Reymond, M. J. (2016). Lenz v Universal Music Corp : Much ado about nothing? International Journal Of Law & Information Technology24(2), 119-127. doi:10.1093/ijlit/eav021 [OA full text]

Tehranian, J. (2016). Constitutionalizing Infringement: Balancing Copyright and Free Speech. Copyright & New Media Law20(3), 1-4. [OSU full text]

Copyright Education

Estell, A., & Saunders, L. (2016). Librarian Copyright Literacy: Self-Reported Copyright Knowledge Among Information Professionals in the United States. Public Services Quarterly12(3), 214-227. doi:10.1080/15228959.2016.1184997 [OA full text]

Jaszi, P., Remington, M., Ivins, O., & Dyas-Correia, S. (2016). Copyright and Intellectual Property: What You Need to Know. Serials Librarian70(1-4), 34-43. [OA full text]

Libraries

Ensign, D. (2016). What is Kirtsaeng and Why You Should Care. Kentucky Libraries80(3), 27-28. [OSU full text]

farrelly, d. (2016). VHS Copyright and Due Diligence. Library Journal141(20), 16. [OSU full text] / [OA full text]

Miller, R., & Homol, L. (2016). Building an Online Curriculum Based on OERs: The Library’s Role. Journal Of Library & Information Services In Distance Learning103(3/4), 349-359. doi:10.1080/1533290X.2016.1223957 [OSU full text]

Peet, L. (2016). Sci-Hub Sparks Critique of Librarian. Library Journal141(15), 14-17. [OSU full text] / [OA full text]

Publishing & Scholarly Communication

Bennett, L., & Flanagan, D. (2016). Measuring the impact of digitized theses: a case study from the London School of Economics. Insights: The UKSG Journal29(2), 111-119. doi:10.1629/uksg.300 [OSU full text] / [OA full text]

Laakso, M., & Lindman, J. (2016). Journal copyright restrictions and actual open access availability: a study of articles published in eight top information systems journals (2010-2014). Scientometrics109(2), 1167-1189. doi:10.1007/s11192-016-2078-z [OA full text]

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By Maria Scheid, Rights Management Specialist at the Copyright Resources Center, The Ohio State University Libraries

 

How to Find a Copyright Owner

Between fair use, the TEACH Act (for online education), and Section 108 (for libraries and other cultural heritage institutions), a sizable network of exceptions is built into United States copyright law.  In addition to the ability of users to rely on statutory exceptions for their use of copyrighted works, some copyright owners have already granted permission for certain uses of their works through the adoption of an open license, such as a Creative Commons licensing scheme.  These exceptions and licenses allow many people to use copyrighted materials, thereby informing and enriching their own works.  But what if your potential use of another’s copyrighted work is covered by neither an open license nor an exception?

You may need to contact the copyright holder for permission to use the work.  This entails two separate steps:  First, identifying the copyright holder; and second, writing a request for permission.  The second step may be the easier of the two, with template letters and drafting advice available from numerous sources.  The Copyright Resources Center has a page on our website dedicated to requesting permission:  go.osu.edu/permission.

However, identifying and locating a copyright holder can be a complex endeavor.  Because copyright is transferrable, the original author or creator of a work may not be the current copyright holder.  For example, an author or creator of a work may choose to transfer their copyright to another person or entity, such as a publisher, during their lifetime. If the creator held the copyright until they died, the copyright may have passed to an heir or beneficiary.  And in some situations, even if the copyright was not transferred, the creator of a work may not hold the copyright because the work is a work for hire.  In that instance, the business, University, or other entity that employed the creator of the work when the work was created may be the holder of the copyright.  This post will walk through some important questions to ask when trying to locate a copyright holder and provide some good ideas regarding who should be your first contact.   Continue reading

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