Legally Speaking: Does Information Really Want To Be Licensed?  

Although Louisiana and Illinois once passed laws to validate software shrinkwrap licenses, neither statute survived closer review. In the Vault v. Quaid decision, federal judges refused to enforce the Louisiana law insofar as license terms interfered with consumer rights under federal copyright law. The Illinois software shrinkwrap license enforcement statute was subsequently repealed due to industry dissatisfaction with it.

Samuelson, Pamela. Communications of the ACM (1998). Articles>Intellectual Property>Contracts

A Manifesto on WIPO and the Future of Intellectual Property

Claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them.

Boyle, James. Duke Law and Technology Review. Articles>Intellectual Property

Marcos y Enlaces Profundos

Algunas de las prácticas tan normales y simples como las explicadas en este artículo, pueden llevar a infringir el Derecho de Autor.

Hassan Montero, Yusef. Nosolousabilidad.com (2002). (Spanish) Articles>Intellectual Property>Copyright

MGM v. Grokster: Implications for Educators and Writing Teachers

What are the implications of the MGM v. Grokster case for institutions of higher education in general, for research, for rhetoric and writing, and for writing teachers?

Porter, James E. and Martine Courant Rife. Michigan State University (2005). Articles>Intellectual Property>Copyright

Much Pain for Little Gain? A Critical View of Software Patents  

The question whether access to patent protection for computer software should be made easier (for example by removing the restrictions that would allow a classification of computer programs 'as such' as inventions) would be in the overall benefit has exercised policy makers for quite some time. 'Better protection' of software-related innovations (compared to copyright protection) as well as 'better disclosure' of the underlying ideas and principles have been cited as the main benefits. This paper takes a critical view of these arguments, taking into account that in many cases the underlying ideas and principles may be most effectively be protected as trade secrets (in combination with copyright protection of the 'expression', i.e. the computer program as it is made available to the user). Giving software producers the option to apply for patent protection may not make much difference in terms of the information generated for the benefit of other innovators. Patent protection may be most attractive for ideas and principles that are to a large extent obvious or become apparent to the user. This might lead to a raft of patents for rather obvious 'inventions' (even if patent office searches were improved and patent applications were assessed more rigorously), which might cause little benefit but much friction in the process of innovation.

Koboldt, Christian. JILT (2003). Articles>Intellectual Property>Patents>Software

New Media Economy: Intellectual Property and Cultural Insurrection  

The new media landscape has created tensions between content producers (scholars, computer programmers, and even the general public) and copyright holders (institutional publishers and entertainment corporations) who are increasingly engaged in a form of culture war over access to and dissemination of information. This paper explores the emerging culture war as a struggle over definitions of culture and rights. On the one hand there are those who accept the traditional bargain between creators and society (sharing information, publicity, and reputation) and on the other hand are those who seek proprietary rights (ownership of material and all accompanying rights). Further, the battle over the definitions of intellectual property and copyright is taking place in a number of separate arenas including the music industry, academic publishing and the software industry. In each of these arenas the challenge of intellectual property in the digital age is manifested in similar yet distinct ways.

Downes, Daniel M. Journal of Electronic Publishing (2006). Articles>Intellectual Property>Copyright

Nowhere to Hide  

To catch a thief, use the Web to track down plagiarism.

Fleishman, Glenn. Adobe Magazine (1999). Articles>Intellectual Property>Copyright>Plagiarism

On Author's Rights in Cyberspace: Are New International Rules Needed?

How will the availability of information over the Internet affect authors and their readers and publishers? Decisions over access to electronic information are being made on national and international levels with little regard for new technologies and their impact on new markets. New regulations may indeed only restrict access to information and impede the application of new technologies by authors and their audiences. Additionally, these legal solutions may only retard the development of more appropriate models for cyberspace.

Samuelson, Pamela. First Monday. Articles>Intellectual Property>Copyright

Open Source Licenses Are Not All the Same

One of the most significant developments in the software and web development community in the past few years has been the increased use of open source software. It's vital for any programmer, web designer, or other computer professional to understand that open source licenses are not all the same. The differences between licenses can have a big impact on how you may use or distribute the software.

Fishman, Stephen. O'Reilly and Associates (2004). Articles>Intellectual Property>Open Source

Ownership Issues in Copyright Law

Among the most commonly litigated issues in U.S. copyright law are those related to copyright ownership. When more than one person or entity is involved in the creative process, questions often arise about who owns the copyright in an original work, and the answers can have significant consequences. This article explains the importance of the 'work for hire' doctrine as well as the rules governing 'joint' copyright ownership.

Landau, Michael. GigaLaw.com (2000). Articles>Intellectual Property>Copyright

Paper Technical Communicators as Facilitators of Negotiation in Controversial Technology Transfer Cases    

When Monsanto attempted to release transgenic wheat in the upper Midwest of the US, localization efforts to accommodate stakeholders were unsuccessful. This paper explores this case briefly and suggests a new role for technical communicators as negotiators of technology.

Sullivan, Dale L. IEEE PCS (2005). Articles>Intellectual Property>Collaboration>Case Studies

Patents, Royalties, and Web Standards

We urge all ALA readers to examine the W3C Patent Policy draft, read The Web Standards Project’s opinion of same, and mail your comments to the W3C.

Zeldman, Jeffrey. List Apart, A (2001). Articles>Intellectual Property>Standards

Patterns for Success: A Lesson in Usable Design from U.S. Patent Records    

This article investigates the design history of certain published artifacts—women's household sewing patterns—as that history is recorded in U.S. Patent Records. When a patented item is a published artifact, the U.S. Patent Record may contain valuable information on the author's perception of users and analysis of solutions for usability problems. This case illustrates the evolution toward a single standard despite early proprietary design solutions.

Durack, Katherine T. Technical Communication Online (1997). Articles>Intellectual Property>Patents>History

Preserving the Positive Functions of the Public Domain In Science    

Science has advanced in part because data and scientific methodologies have traditionally not been subject to intellectual property protection. In recent years, intellectual property has played a greater role in scientific work. While intellectual property rights may have a positive role to play in some fields of science, so does the public domain. This paper will discuss some of the positive functions of the public domain and ways in which certain legal developments may negatively impact the public domain. It suggests some steps that scientists can take to preserve the positive functions of the public domain for science.

Samuelson, Pamela. Data Science Journal (2003). Articles>Intellectual Property>Copyright>Scientific Communication

Register, Trademark and Copyright Symbols

Register, trademark and copyright symbols are important communicators. They help establish brand identities and protect creative work from theft or plagiarism. Despite their legal and symbolic power, these symbols need to speak softly, typographically speaking. Their tasteful and appropriate use is a small but significant part of good typography.

Strizver, Ilene. Upper and lowercase Magazine (2002). Articles>Intellectual Property>Trademark>Typography

Remix as "Fair Use": Grateful Dead Posters' Re-Publication Held to Be a Transformative, Fair Use

On May 9, 2006, in Bill Graham Archives v. Dorling Kindersley, the US Court of Appeals for the Second Circuit upheld the lower court, finding the use of several Grateful Dead Poster images appearing in a band biography was a 'fair use' under section 107 of the US copyright statute. In the case, the publisher Dorling Kindersley used without permission seven images of Grateful Dead concert posters or tickets in the book Grateful Dead: The Illustrated Trip (2003). Prior to the book's publication, the publisher had unsuccessfully attempted to negotiate permissions with the copyright holder, Bill Graham Archives. Due to what the publisher perceived as an unreasonable licensing fee, permission agreements were never reached. Nonetheless, the publisher used the seven images in the book, incorporating them into remixed compositions, consisting of collages mixed with graphic art and textual explanations and commentary. Over 2000 images were used in the book. After the book's publication, Bill Graham Archives brought suit for copyright infringement, and requested an injunction blocking further publication.

Rife, Martine Courant. NCTE (2007). Articles>Intellectual Property>Copyright>Case Studies

Representations and Perceived Information Architecture (PIA)

This article discusses two key ideas. First, it briefly outlines four ways to represent the same information. Second, it provides a high-level overview of Perceived Information Architecture.

Rhodes, John S. WebWord (2001). Articles>Intellectual Property>User Centered Design

Revising Copyright Law for the Information Age

Our current copyright law is based on a model devised for print media, and expanded with some difficulty to embrace a world that includes live, filmed and taped performances, broadcast media, and, most recently, digital media. That much is uncontroversial. The suitability of that model for new media is much more controversial.

Litman, Jessica. Oregon Law Review (1996). Articles>Intellectual Property>Copyright

Safeguarding Intellectual Property  

This 'best practices' note collects tips and techniques for preserving your investment in e-learning and other digital media, whether you are a buyer or producer.

William Horton Consulting (2001). Articles>Intellectual Property>Copyright

Science, Intellectual Property, and the Web  

Many scientific journals have already moved to Web publication, but multiple concerns attend this conversion. In the past, publication in the sciences has assured that innovations and discoveries can be seen taking place along a continuum, each researcher building on the work of previous researchers. What effect does publishing on the Web and in other electronic forms have on this continuum? Three panelists – a technical-communications researcher, a scientific editor, and an engineering professor – address this question by considering the technological and other protections available to researchers. Scientific journals must also plan carefully for Web publication by allocating funds for protection and proper archiving.

Armbruster, David L., Hillary Hart and John A. Pearce. STC Proceedings (2002). Articles>Scientific Communication>Intellectual Property

The Second Enclosure Movement and the Construction of the Public Domain

We are in the middle of a second enclosure movement. It sounds grandiloquent to call it 'the enclosure of the intangible commons of the mind,' but in a very real sense that is just what it is. True, the new state-created property rights may be 'intellectual' rather than 'real,' but once again things that were formerly thought of as either common property or uncommodifiable are being covered with new, or newly extended, property rights. In this article, I try to develop the vocabulary and the analytic tools necessary to turn the tide of enclosure. I offer an historical sketch of various types of skepticism about intellectual property, from the antimonopolist criticisms of the Framers of the U.S. Constitution, through the emergence of affirmative arguments for the public domain, to the use of the language of the commons to defend the possibility of distributed methods of non-proprietary production. In many ways, it turns out, concepts of the public domain show the same variation in assumptions, and the same analytic differences, as the concept of property itself. I conclude by arguing that, for a number of reasons, the appropriate model for the change in thinking which I argue for comes from the history of the environmental movement. The invention of the concept of 'the environment' pulls together a string of otherwise disconnected issues, offers analytical insight into the blindness implicit in prior ways of thinking, and leads to perception of common interest where none was seen before. Like the environment, the public domain must be 'invented' before it is saved. Like the environment, like 'nature,' the public domain turns out to be a concept that is considerably more slippery than many of us realize. And, like the environment, the public domain nevertheless turns out to be useful, perhaps even necessary.

Boyle, James. Law and Contemporary Problems (2003). Articles>Intellectual Property>Copyright

Shifting Boundaries of Intellectual Property: Copyright, Intellectual Property, and Publishing on the WWW  

The following set of links provide information on issues of copyright intellectual property, and fair use.

Galin, Jeffrey R. Kairos (1998). Articles>Intellectual Property>Copyright

A Software Copyright Primer

Copyright protection for software can be a valuable tool. But how do you get that protection, how long does it last, and do you need a registration?

Hollander, Jay. GigaLaw.com (2000). Articles>Intellectual Property>Copyright>Software

Statement of Principles for the Management of Copyright in the Digital Environment

As the twin technologies of computing and telecommunications revolutionize the way in which knowledge and information is recorded, accessed, disseminated and stored, the modes of communication among scholars and researchers are changing rapidly. But just as these technologies can make possible the wide dissemination of copyright material that may violate the rights of the owner, so the technology can be used to prevent reasonable and necessary access to knowledge. Such access is essential to the generation of new knowledge. If access to information for research, teaching and study purposes is constrained, Canada's long-term economic and cultural growth will be hobbled.

University of Ottawa (2000). Articles>Intellectual Property>Copyright>Canada