One of Will Rogers’ best known aphorism is “I only know what I read in the papers.” In line with Rogers’ irony, if all one knows about the Aaron Swartz case is what one reads in the blogosphere, one knows very little indeed, and much of it wrong.
Swartz has been indicted on several [...]
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Recently my intern Dave Hansen (another lawyer) and I have been looking at the new author self-archiving policies promulgated by the American Chemical Society and Elsevier. It would be more accurate to say that these policies are anti-archiving; in spite of persistent rhetoric about how committed these publishers are to access to scholarship, the clear [...]
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Duke University announced its COPE fund in October of 2010. COPE, which abbreviates the Compact for Open Access Publishing Equity, is a movement for colleges and universities, mostly through their libraries, to provide financial support, usually reimbursement, for the article processing fees that some open access journals charge. The basic idea is to see to [...]
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On our recent trip to Turkey, I happened to be wearing a SPARC open access t-shirt on the day we visited the site of ancient Troy, and my wife took a picture of me holding a model of the Trojan horse with the t-shirt. How one views the Trojan horse, of course, is a [...]
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Patent reform has been percolating in Congress for quite a few years now, and I have to admit to being caught off-guard when I saw the announcement that a comprehensive reform package had passed in the U.S. Senate by an overwhelming majority. This story about the bill (which has not been passed in [...]
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I can’t ignore termination any longer! This is a copyright subject that has significant implications for academic authors, so it needs to be discussed in this space. But until this week I have not been sure what to say or how to say it. Fortunately I can now point readers to some entertaining explanations of [...]
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As an added benefit from the close proximity of the Science Online 2011 conference, we were fortunate, in the Duke Libraries, to have a chance earlier this month to meet and talk with Heather Piwowar. Heather is a post-doc researcher working for the team developing Dryad, a data repository sponsored by the [...]
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Late last month an editorial appeared on a blog for publisher Wiley in which two editorial executives start off talking about online publishing. The discussion is fine, if predictable and self-serving, until it turns to models of open access. “Gold” open access is mistakenly identified exclusively with “author-pays” models, even though the majority of [...]
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During both the Berlin 8 conference and the Open Access Week events at Duke, the word “sustainability” was everywhere. At the conference in Beijing, for example, the question was posed to some publisher representatives about what they needed to support OA. Their answer was a sustainable income, not surprisingly. Similarly, at a panel discussion on [...]
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One of the observations that gradually dawned on me as I listened to the presentations made at the Berlin 8 Conference on Open Access was that there was a clear difference between those countries, like the US, where scientific publishing is dominated by commercial publishers and those where the majority of the publishing is still [...]
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Policy on Electronic Course Content
For help deciding whether course content in Blackboard or some other digital form is fair use or requires copyright permission, consult this policy document adopted by the Academic Council in February 2008.
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Recommended Readings- A State Law Approach to Preserving Fair Use in Academic Libraries"By David R. Hansen" Posted by klsmith to myblog contracts copyright on Thu Sep 15 2011 […]
- Canada's Orphan Works Regime: Unlocatable Copyright Owners and the Copyright Board"Article by Jeremy De Beers and Mario Bouchard form the Oxford University Commonwealth Law Journal, Winter 2010" Posted by klsmith to myblog "orphan works" Canada copyright on Thu Sep 15 2011 […]
- Print or Perish: Authors' attitudes towards electronic-only publication of law journals"Duke Law Librarian Dick Danner and colleagues report on a study about how authors feel if their articles (in law journals) were no longer available on paper" Posted by klsmith to digital publication myblog on Mon Aug 08 2011 […]
- Copyright in the Age of YouTube | ABA Journal - Law News Now"Details how DMCA is rapidly become out-of-date as digital technology changes." Posted by klsmith to myblog digital technology copyright on Thu Jan 29 2009 […]
- A State Law Approach to Preserving Fair Use in Academic Libraries


As Duke University’s first Scholarly Communications Officer, Kevin Smith’s principal role is to teach and advise faculty, administrators and students about copyright, intellectual property licensing and scholarly publishing.
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