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open access

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: The Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitize, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books' copyright holders, if any. Google's proposed reproduction and display of copyrighted books was not authorized by the rights holders, who alleged that the Google Library Project infringed … more
Date: July 6, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Open Access Publishing and Citatation Archives: Background and Controversy

Description: This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these d… more
Date: June 22, 2006
Creator: Knezo, Genevieve J.
Partner: UNT Libraries Government Documents Department
open access

"Digital Rights" and Fair Use in Copyright Law

Description: This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal… more
Date: March 24, 2003
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Geographical Indications and WTO Negotiations

Description: This report discusses the issue of expanding intellectual property protections for geographical indications for wines, spirits, and agricultural products is being debated in the World Trade Organization (WTO).
Date: July 14, 2003
Creator: Hanrahan, Charles E.
Partner: UNT Libraries Government Documents Department
open access

Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America

Description: This report discusses issues regarding genetically engineered soybeans in South America. U.S. soybean growers and trade officials charge that Argentina and Brazil–the United States’ two major export competitors in international soybean markets–gain an unfair trade advantage by routinely saving genetically-engineered (GE), Roundup Ready (RR) soybean seeds from the previous harvest (a practice prohibited in the United States) for planting in subsequent years.
Date: October 17, 2003
Creator: Schnepf, Randy
Partner: UNT Libraries Government Documents Department
open access

Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Description: Congressional interest in the development of bioterrorism countermeasures remains strong, even after passage of legislation establishing Project BioShield. In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, S. 975, the Project Bioshield II Act, and S. 1873, the Biodefense and Pandemic Vaccine and Drug Development Act, that would generate additional incentives for the creation of new technologies to counteract potential bio… more
Date: January 17, 2006
Creator: Schacht, Wendy H. & Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?

Description: This report provides background on the pending litigation. Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company.
Date: December 28, 2005
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Influenza Antiviral Drugs and Patent Law Issues

Description: This report identifies and analyzes the patent law aspects of the current avian influenza drug situation. First, the report explains the role that patent rights have played in affecting the availability of Tamiflu. Second, the report examines options for increasing the drug’s production, including the possibility of governments abrogating Roche’s patent rights by issuing compulsory licenses to other drug companies to manufacture generic versions of Tamiflu without Roche’s consent.
Date: November 18, 2005
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Copyright Protection of Digital Television: The "Broadcast Flag"

Description: This report addresses the adoption of a “broadcast flag” system by the Federal Communications Commission (FCC) to protect digital television (DTV) broadcasts from unauthorized redistribution. The report also addresses the recent decision of the United States Court of Appeals for the District of Columbia Circuit reversing and vacating the FCC’s broadcast flag report and order.
Date: May 11, 2005
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department
open access

An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies

Description: The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Congress may choose to exercise oversight on these issues. Such consideration would likely include examination of U.S. commitme… more
Date: August 31, 2000
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

Patent Ownership and Federal Research and Development (R and D): A Discussion on the Bayh-Dole Act and the Stevenson-Wydler Act

Description: Two major laws govern the dispensation of patents associated with federal research and development (R&D) activities. Both P.L. 96-418, the Stevenson-Wydler Technology Innovation Act, as amended, and P.L. 96-517, Amendments to the Patent and Trademark Act (commonly referred to as "Bayh-Dole" after its two main sponsors, former Senators Birch Bayh and Robert Dole), are the foundation for efforts to utilize patent ownership to encourage the commercialization of technologies and techniques that hav… more
Date: December 11, 2000
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
open access

H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004

Description: H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
Date: April 22, 2004
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004

Description: H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
Date: March 8, 2004
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Copyright Law: Digital Rights Management Legislation

Description: Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital … more
Date: October 1, 2004
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Copyright Law: Digital Rights Management Legislation

Description: Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital … more
Date: May 28, 2004
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
open access

Fair Use on the Internet

Description: The originating objective of copyright, as stated in the Constitution, was to promote the progress of science and the useful arts. Rewarding the labor of authors is viewed as furthering that objective. The Copyright Act serves this two-tier purpose by vesting in authors of protected works certain exclusive rights. This report reviews the development of fair use on the Internet.
Date: May 21, 2002
Creator: Jennings, Christopher Alan
Partner: UNT Libraries Government Documents Department
open access

R&D Partnerships and Intellectual Property: Implications for U.S. Policy

Description: Congressional interest in the value of intellectual property has grown as technology becomes increasingly important to the United States. It is now widely accepted that technological progress accounts for up to one-half of the nation's economic growth. Concurrently, the role of patents has changed as the use of cooperative research and development (R&D) expands to facilitate this technological advancement and generate new products, processes, and services for the marketplace.
Date: December 6, 2000
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
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