RoMEO Studies 7: Creation of a Controlled Vocabulary to Analyse Copyright Transfer Agreements    

This paper describes the process of creating a controlled vocabulary which can be used to systematically analyse the copyright transfer agreements (CTAs) of journal publishers with regard to self-archiving. The analysis formed the basis of the newly created Copyright Knowledge Bank of publishers' self-archiving policies. Self-archiving terms appearing in publishers' CTAs were identified and classified, then simplified, merged, and discarded to form a definitive list. The controlled vocabulary consists of three categories describing `what' can be self-archived, the `conditions' and the `restrictions' of self-archiving. Condition terms include specifications such as `where' an article can be self-archived; restriction terms include specifications such as `when' the article can be self-archived. Additional information on any of these terms appears in `free-text' fields. Although this controlled vocabulary provides an effective way of analysing CTAs, it will need continual review and updating in light of any major new additions to the terms used in publishers' copyright and self-archiving policies.

Jenkins, Celia, Charls Oppenheim, Steve Probets and Bill Hubbard. Journal of Information Science (2008). Articles>Intellectual Property>Contracts>Controlled Vocabulary

The Impact of XML on Contract Law and Contract Litigation

It is unclear how adoption of Web services contracting systems based on XML standards will affect the frequency of litigated contract disputes among businesses. During the more than 20 years that business-to-business EDI contracting systems have been in use, there have been no reported cases of litigated contract disputes involving EDI contracts. By contrast, there have been many litigated disputes involving business-to-consumer contracts formed through the use of clickwrap and browsewrap Internet interfaces that have been in use for only a decade. B2B EDI contracts are usually formed between businesses that are already in a long-term trading partner relationship, and the high initial investment required to use EDI may provide additional incentives to resolve disputes informally. Businesses without long-term relationships should be able to use B2B XML contract technologies, and the absence of a relationship of trust may make it more difficult to resolve disputes informally when they arise. B2B XML contracts should still have a lower rate of litigation than B2C Internet contracts, however, because most businesses prefer arbitration to litigation.

Winn, Jane. IDEAlliance (2005). Articles>Legal>Contracts>XML

Freelance Contracts: Do’s And Don’ts

Drafting a contract that covers you, and doesn’t just enumerate information, is more than important: it is a must. Freelancers do not have the benefit of a legal department dedicated to protecting their interests with a watertight contract. Nevertheless, a freelancer’s contract must be comprehensive, concise and clear. It should outline the scope of the job, scheduling demands, the expectations of both parties and more.

Bowen, Robert. Smashing (2009). Careers>Consulting>Freelance>Contracts