Lately my life has had a certain resemblance to that of Bill Murray in the movie “Groundhog Day.” Like Murray, I seem to be repeating the same pattern in my daily work life over and over.
The basic pattern is this. I am asked, often with a colleague or two, to meet with a faculty [...]
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Is it just me, or do there seem to be a lot of lawsuits filed by publishers in the higher education space recently? It is increasingly obvious that the disruption caused by the digital environment has led publishers to embrace litigation as a strategy for protecting their business models, and that that strategy cannot be [...]
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One of the interesting consequences of the rapid growth of open access to scholarship — a consequence that I, at least, did not see coming — has been some degree of competition, from the perspective of authors, between open access platforms. In this short article from AALL Spectrum, James Donovan and Carol Watson address a [...]
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It has been an extraordinary week for open access advocates, and it is only Wednesday! For those keeping score, here is a recap of events, along with some commentary.
On Monday, Elsevier issued a press release withdrawing its support for the Research Works Act. The RWA, of course, was a bill proposed in the [...]
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During a recent visit to another university, I got into an interesting discussion with students about the difference, if there is one, between derivative works, the exclusive rights in which are reserved to copyright holders, and transformative fair uses. The latter, of course, are considered “not infringement.” The class of graphic arts students that attended [...]
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When the Chronicle of Higher Education ran this story about the relatively new intellectual property policy at the University of Louisiana, one of my colleagues reacted with the question in my title. It is a valid thing to ask — how did the University system think this was going to go when they drafted [...]
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Last week, “Inside Higher Ed” ran an article about the release by the White House of all the comments submitted to the Office of Science and Technology Policy in response to their request for information about public access to federally-funded research. I was gratified to see that they chose to quote from the comments [...]
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The snowballing petition on which scholars pledge to boycott Elsevier is gaining a good deal of attention. There is an article in today’s Chronicle of Higher Education, and this more general article about the future of Elsevier’s business model from Forbes. As of today the boycott pledge has over 2100 signatures.
As [...]
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In two recent blog posts, one describing the original dilemma and one his decision about it, Professor Steven Shaviro discusses his experiences trying to publish an essay in a collection that was being prepared by Oxford University Press. He balked at the contract he was offered, and ultimately decided not to publish in [...]
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The announcement from JSTOR of their new “Register & Read” program, reported here in Inside Higher Ed and here in The Chronicle of Higher Education, seems like a promising experiment. It deserves both praise and a couple of caveats, I think.
The first caveat is that it may be a rather small experiment; [...]
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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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