Electronic Scientific, Technical, and Medical Journal Publishing and Its Implications Proceedings of a Symposium (2004) / Chapter Skim
Currently Skimming:
5 Legal Issues in Production, Dissemination, and Use
5 Legal Issues in Production, Dissemination, and Use
Pages 46-66
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 46... ...
Institutions generally gain access to electronic information via license. What kinds of access do these licenses offer?
|
From page 47... ...
Finally, the most recently flurry of copyright ownership policies was precipitated by distance education on the Internet. Before the dot-coin bust, a lot of universities began to get stars in their eyes 47
|
From page 48... ...
Table 5-1 presents a selection of copyright ownership policies that were publicly available from major public and private research universities. These are divided first into universities whose default position is that faculty own the copyrights in their works, followed by universities whose default position is that the university owns the copyright in faculty works, most notably on grounds of work for hire.
|
From page 50... ...
~ ~ 3 9 r ~ ~ ~ of ~ P a _ · ~ ~ >~ ~ A a _ C c O O h G c, 9 ~ ~ O ~ ~ ~ ~ - 2 .
|
From page 52... ...
Fourth, a number of schools will assert copyright ownership if the work qualifies as "technology" or software. This can be troublesome, because most of these categories are not well defined between "traditional" academic work, which belongs to professors, and "technology" which belongs to the university.
|
From page 53... ...
hn .c .
|
From page 54... ...
;^ o cL Lo e ~ ~ ~ ~ al a ~ ' e R e s ~ ° use y ~5 ~ eY ~~ ~= e ~ ;^ v~ · ~ ;^— c.)
|
From page 55... ...
- ~ -5: c C ~ ~ ~ 5 ~ ~ ~ ~ ~ _ ~ ~ _ o _ 2 u _ _ ~ ~ ~ s ~ =- O ~ ~ o ~ u C ° 5 3 ~ ~ ~ ~ c Y ~ — _ c be ~ — V =3 3 ~ o ~ ~ 3 ~ ~ ~ (~ Y a ~ ~ y E ~ 5 ~ D ~ u O , C 5 o ~ C ~ ~ c 5 ~ 2 s ~ a =~ O ' 2 ' — ~ ~ ~ ~ ~ =_ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c ~ ~ ._ ~ c ° 2 2 2 ~ ~ $—5 ~ ~ U 2, .o ~ ^ hi, 2 3 o~ ~ 3 ~ ~ ~ ~ bc O3 3 ~ c~ c~—0 ~ ~ 3 ~ ~ ~ ~ O3 cr ~ ~ 2 5 ~ ~ , -~' a ~ , ~, ~ a 0~ 2 ~ y ~- ~- 5~ 5~ ~ ~ 0 .
|
From page 56... ...
You O C ~ ~ U ~ ~ ~ at e ~ ~ ~ ~ ~ c ~ ~ a ^ if o ~ ~ ~ ~ S 5 y ~ id C a= = v ~ to An, c)
|
From page 57... ...
- 0~= ~ ~ -A Y it, ~ ty ~ ~ 5 j A' 2 _, 8 o O D V, O ~ ~ ~ ~ 'I ~ Vet _ ~ _ _ ~ ~ . 3 ,~5 flit o o ~ ~ ~ ~ ~ >= ~ ~ ~ ~ ~ c e j ~ ' Any ' ~ O V 5 2 e ~ Got- · A n G ~ E =3 - a ~ _ 5 5 ' e a y e 3 ~ , a e ~ — j ~ ~ & 2 _ 8 _ ei 2 D o `, O — ~ S · D _ — y - ~ ~ c D _ ' 2 _ - ° Y 7 - G aS - _ 8 ~ o .
|
From page 58... ...
For example, the copyright assignment form of the National Academy of Sciences (NASH states: 1, the undersigned, hereby irrevocably grant and assign exclusively to the National Academy of Sciences my rights, including copyright interests, in materials or work that I will contribute to the preparation of the report identified below, and in the report, under all laws, treaties, and conventions throughout the world, in all forms, languages and media, now or hereafter known or developed without limitation. Many of the agreements do, nonetheless, provide for some kind of privilege back to the authors, notably for their own nonprofit, university use in further works or in teaching.
|
From page 59... ...
Even though it may take a long time to change the law, in almost every session of Congress in recent years there has been some copyright or database protection legislation or some other proposed statute concerning rights in digital information. Licenses provide certainty to the parties regarding the specific terms and conditions of the use of the material.
|
From page 60... ...
Articles are generally photocopied and sent to the requester by fax or by mail. Now that articles are available online, one might expect that interlibrary loans should be able to take place with the supplying library transmitting the article electronically to the requesting user.
|
From page 61... ...
It outgrew financial economics very quickly and then launched different related ventures, including the Economics Research Network, the Accounting Research Network, the Legal Scholarship Network, and, most recently, the Management Research Network.42 It will probably continue to expand. The SSRN publishes more than 400 e-mail subject-oriented abstracting journals to narrow down the torrent of material to something that is manageable for people.
|
From page 62... ...
Although the SSRN is not yet self-financing, is expected that it will eventually cover its cost. DISCUSSION OF ISSUES The Value of SSRN to Authors Jane Ginsburg began the discussion by giving the SSRN a warm endorsement as a SSRN author.
|
From page 63... ...
Ann Okerson agreed that the days of exclusive distribution may be rapidly fading. She recommended as a model the rights form used by the APS and others like it, based on a nonexclusive license.
|
From page 64... ...
What kind of complications does that present to the existing models of copyright and intellectual property? Jane Ginsburg responded that the work that Professor Atkins described, a multimedia work, would probably be considered an audiovisual work under the copyright statute.
|
From page 65... ...
Consequently, the American Geophysical Union, together with other publishers, sued Texaco, requiring the company to take the CCC license instead, and they prevailed. Burdens for Small Publishers from Licensing and Restricting Access Leslie Chan, of Bioline International, said that in many ways his project is the small deal compared to the big deal.
|
From page 66... ...
Jane Ginsburg responded that these are all very good reasons why academic work products should not be considered work made for hire. As she noted earlier, there has not actually been a court decision (with the exception of some inconclusive decisions in the Seventh Circuit Court of Appeals)
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.