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17 USC 108(h): The “Last Twenty Years” Exception

Description: This document is part of a series of white papers on various copyright issues. One statute, 17 USC § 108, provides a number of exceptions specifically for libraries. In addition to fair use, there are a variety of other exceptions built into the copyright law that don’t get as much attention.This paper specifically addresses one of 108’s lesser-used provisions and the value it may hold for libraries and archives: 108(h).
Date: December 2017
Creator: Wolfson, Stephen M.
Partner: UNT Libraries

Launching a Scholarly Communication Department

Description: Presentation for the Cross Timbers Library Collaborative (CTLC) Scholarly Communications and Digital Curation (SCDC) Affinity Group 2014 Summer Meeting. This presentation discusses launching a scholarly communication department.
Date: June 20, 2014
Creator: Iakovakis, Clarke & Mirza, Rafia
Partner: University of Texas at Arlington Library

Intellectual Property: Law & the Information Society—Cases and Materials

Description: This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three graphmain forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court’s new rulings on gene patents.
Date: August 2014
Creator: Boyle, James & Jenkins, Jennifer
Partner: UNT Libraries

A Content Originality Analysis of HRD Focused Dissertations and Published Academic Articles using TurnItIn Plagiarism Detection Software

Description: This empirical exploratory study quantitatively analyzed content similarity indices (potential plagiarism) from a corpus consisting of 360 dissertations and 360 published articles. The population was defined using the filtering search criteria human resource development, training and development, organizational development, career development, or HRD. This study described in detail the process of collecting content similarity analysis (CSA) metadata using Turnitin software (www.turnitin.com). This researcher conducted robust descriptive statistics, a Wilcoxon signed-rank statistic between the similarity indices before and after false positives were excluded, and a multinomial logistic regression analysis to predict levels of plagiarism for the dissertations and the published articles. The corpus of dissertations had an adjusted rate of document similarity (potential plagiarism) of M = 9%, (SD = 6%) with 88.1% of the dissertations in the low level of plagiarism, 9.7% in the high and 2.2% in the excessive group. The corpus of published articles had an adjusted rate of document similarity (potential plagiarism) of M = 11%, (SD = 10%) with 79.2% of the published articles in the low level of plagiarism, 12.8% in the high and 8.1% in the excessive group. Most of the difference between the dissertations and published articles were attributed to plagiarism-of-self issues which were absent in the dissertations. Statistics were also conducted which returned a statistically significant justification for employing the investigative process of removing false positives, thereby adjusting the Turnitin results. This study also found two independent variables (reference and word counts) that predicted dissertation membership in the high (.15-.24) and excessive level (.25-1.00) of plagiarism and published article membership in the excessive level (.25-1.00) of plagiarism. I used multinomial logistic regression to establish the optimal prediction model. The multinomial logistic regression results for the dissertations returned a Nagelkerke pseudo R2 of .169 and for the published articles a Nagelkerke pseudo R2 ...
Date: May 2017
Creator: Mayes, Robin James
Partner: UNT Libraries

Making Fair Use Make More Sense: A White Paper

Description: This document is part of a series of white papers on various copyright issues. Fair use is a powerful tool for people who want to use and expand on copyrighted works. Fair use is special among the other copyright exceptions because it isn’t specifically targeted at one kind of use. Instead, fair use is purposely open ended to permit many different kinds of uses. One downside of this however, is that it can be difficult for anyone — lawyer and nonlawyer alike — to figure what is/isn’t fair use under the law. This white paper attempts to review the fair use statute, go over its famous “four factor test,” and offers some suggestions about how to think through each part.
Date: May 2018
Creator: Wolfson, Stephen M.
Partner: UNT Libraries

17 USC 109: The First Sale Doctrine

Description: This document is part of a series of white papers on various copyright issues. One statute, 17 USC § 109, provides a number of exceptions specifically for libraries. In addition to fair use, there are a variety of other exceptions built into the copyright law that don’t get as much attention.This paper argues that as there is no digital first sale, libraries can continue to use 17 USC ​§ ​109 for physical collections and are safe to lend the books they own without worrying about copyright problems.
Date: January 2018
Creator: Wolfson, Stephen M.
Partner: UNT Libraries

Guidance Documents for Lifecycle Management of ETDs

Description: In 2011, a research team led by the University of North Texas, the Educopia Institute/MetaArchive Cooperative, and the worldwide Networked Digital Library of Theses and Dissertations (NDLTD), began studying the production, dissemination, and preservation of Electronic Theses and Dissertations (ETDs). The original intent was to develop and disseminate documentation for academic libraries that would help curators better understand and address the preservation challenges presented by these new digital collections. As researchers from the libraries of University of North Texas, Virginia Tech, Rice University, Boston College, Indiana State University, Penn State, and the University of Arizona began to grapple with ETD lifecycle management issues, they quickly realized that librarians were but one of many academic stakeholder groups that work collaboratively to produce and maintain ETD collections. Studying the library role in isolation was neither feasible nor helpful. The scope of our work increased to encompass the roles and responsibilities of core stakeholders in the ETD lifecycle: students, faculty, administrators, technologists, commercial vendors, and librarians. The resulting Guidance Documents address areas of interest to ETD program planners, managers, and curators. They will help this extended set of stakeholders understand, document, and address the administrative, legal, and technical challenges presented by ETDs—from submission to long-term preservation. The authors have aimed to be comprehensive in their treatment of ETD programs, and encourage readers to review all of the Guidance Document to gain a holistic view. However, they have also highlighted the sections of each document relevant to 4 roles in ETD programs: institutional administrators, submission staff, access and repository staff, and IT staff.
Date: March 19, 2014
Creator: Alemneh, Daniel Gelaw; Donovan, Bill; Halbert, Martin; Han, Yan; Henry, Geneva; Hswe, Patricia et al.
Partner: UNT Libraries

Music Copyright: Unraveling the Weirdness

Description: This document is part of a series of white papers on various copyright issues. A copyright license is a contract to use a work in certain limited ways. Because copyright grants authors a “bundle of rights” over their works, rights holders can choose how other people can use any or all of those 11 rights without giving away their entire copyrights. They use licenses to do this. This section will address several ways that licensing is unique for music copyright and introduce four licenses that are common in this space.
Date: March 2018
Creator: Wolfson, Stephen M.
Partner: UNT Libraries

Electronic Course Reserves, Copyright Law, and Cambridge University Press v. Becker

Description: This document is part of a series of white papers on various copyright issues. This section revisit the current e-course reserves policy, which allows faculty members to make some readings available for electronic reserve. It uses the case from the 11th Circuit which may clarify how schools can use electronic course reserves.
Date: January 2018
Creator: Wolfson, Stephen M.
Partner: UNT Libraries

Database Copyright: Limited Protections

Description: This document is part of a series of white papers on various copyright issues. This white paper discusses the copyright status of databases and addresses how the US and European copyright applies to these kinds of works.
Date: April 2018
Creator: Wolfson, Stephen M.
Partner: UNT Libraries