Checking Up on Court Citation Standards: How Neutral Citation Improves Public Access to Case Law

A small number of appellate courts require neutral citation, a legal citation format that frees citation to judicial decisions from adherence to particular formats or vendors. As law libraries increasingly rid their print collections of case law reporters, a gap appears in public access to the law, as many courts still require citation to print-based formats from particular commercial publishers. With widespread availability of case law in electronic formats through commercial databases and government Web sites, law librarians must continue to urge courts to consider adopting neutral citation principles to ensure greater accessibility to court opinions. This article retraces the history and quirks of neutral citation and aims to ground the arguments for more widespread adoption of neutral citation in the increasing concern over public access to the law.     

Influences of the Digest Classification System: What Can We Know?

Robert C. Berring has called West Publishing Company's American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West's digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring's scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were created and became essential research tools for American lawyers.     

数字资源许可的法律风险提示及规避——ECUP《数字资源授权许可》文件解读

[目的/意义] 对欧洲版权用户平台发布的《数字资源授权许可》风险规避原则进行解读,以期对我国图书馆规避数字资源国际许可使用中的法律风险有所启示。[方法/过程] 分析《数字资源授权许可》原则中针对许可方垄断优势、法定例外、许可权利、合同用语不规范以及争议解决方式等做出的风险提示,以及其采取的一系列行之有效的防控措施,细化许可协议的书写规范,避免签署由数据库商独占权而产生的风险条款等,为图书馆合理规避法律陷阱提供参考依据。[结果/结论] 为规避数字资源许可协议的法律陷阱,我国应增强反垄断的维权意识、制定数字资源许可使用协议法律风险提示框架、适用中国法律由中国法院管辖。     

What publishers need in international copyright treaties

Publishers may reasonably expect international copyright treaties to (1) assurerecognition of publishers' contributions to literary works, (2) provide legal and politicalsecurity in the preservation of exclusive rights, (3) maintainpredictability in the contours of international commercial life, (4) establish standards ofenforcement, (5) beadaptable to rapidly changing technologies, and (6) conveydirection so that the copyright monopoly serves rather than subverts the values of free expression. Jon A. Baumgarten is a partner in Proskauer Rose Goetz & Mendelsohn, Washington, D.C., New York, California, London, Paris, and Brussels. He is a former general counsel, U.S. Copyright Office, and serves as copyright counsel to the Association of American Publishers. The views expressed here are the writer's and do not necessarily represent positions of the AAP. This article was adapted from a presentation at the seminar “East Meets West: Copyright and the Publisher in a Market Economy”, Hamburg, March 1991.     

Abusive copyright litigation,proposed solutions,and the implications for Creative Commons licenses

US Copyright Law empowers rights holders to enforce their rights and to defend the market value of their intellectual property through litigation. So-called copyright trolls are rights holders who exploit the law and the court system by pursuing allegations of infringement primarily to generate revenue through court-awarded statutory damages or settlements outside of court. Such abusive litigation undermines the intention of the US Constitution's Patent and Copyright Clause as well as the public's respect for copyright. Yet legislative reform intended to deter abuse may impact those offering their work under Creative Commons (CC) licenses when they seek to enforce their rights. This article presents the ways in which legal scholars define abusive copyright litigation and their recommendations for thwarting it. Then, using examples from actual court cases, the article suggests potential implications of these recommendations for the enforcement of CC licenses.     

美国对数字出版中侵权现象的应对措施

美国现有的版权法律条文不能有效地应对数字出版商们的忧虑.尽管数字作品可以享受和印刷作品同等的版权保护,我们似乎仍然需要新的法律条文和理论来应对数字作品和技术的特殊性质.在面对与数字侵权有关的问题上,美国通过立法、改进美国版权署的职能以及签订国际条约或协定,缓慢开始颁布一些关于数字侵权的条文.数字侵权虽然在庭审中得以应对,但法庭运用的是传统版权概念中的"合理使用"来分析数字侵权.目前,人们只能通过诉讼的方式迫使美国法庭建立一套能充分解决电子侵权的法律体系.     

(1) The Training of Hospital Librarians in the U.S.A.

Copyright, a legal discipline concerned with the protection of the moral and economic rights of the creators of literary, scientific and artistic works, is recognized in the Universal Declaration of Human Rights (Article 27.2), as are the rights to information and culture. This intellectual right amounts to a monopoly on exploitation for authors, which is the subject of national legislation and international conventions designed to ensure its worldwide harmonization. Since the invention of printing, which brought it into being, copyright has been adapted to the various technologies for disseminating and communicating works of the mind that have subsequently developed. Because respect for copyright is a fundamental requirement for the full development of the creative work for which it provides remuneration, copyright today is faced with the difficulty of maintaining the delicate balance among the legitimate interests of authors, successors-in-title and the general public in the digital environment. This paper illustrates a highly topical international debate, analyses international agreements adopted under the aegis of WIPO (World Intellectual Property Organization) last December and describes UNESCO's doctrine on the subject.     

A Local Citation Analysis of a Business School Faculty: A Comparison of the Who,What, Where,and When of Their Citations

Publications of the faculty of the University of Mississippi's School of Business were examined for a citation analysis. The following data were collected: journals cited, which publishers’ journals were cited, age of the citations, and the Library of Congress classification range cited. The results were analyzed by the business school as a whole and by the four major departments in the college: Finance, Management, Management Information Systems/Production Operations Management, and Marketing. The study was undertaken to gain a better understanding of the local faculty researchers’ needs, to examine how the library supports their needs, and to compare the local results with the metaresearch focused on specific subject or journal.     

European Publishers Council: making copyright work on the Web

• An overview of the EPC's work to collaborate with the EU regulators to achieve a fully copyright‐enabled Internet
• How we address the need for technological solutions to make copyright work on the Web; to facilitate the dissemination of online content; to encourage innovation by content providers; to facilitate the legal use and sharing of online content
• Why in June 2014, in preparation for the next round of EU regulatory reform on copyright due in 2015, the EPC published a new ‘Copyright Vision’ including recommendations to help realize the potential of the media and publishing ecosystem to the benefit of all creators and users

     

美国图书馆协会争取复制豁免权的实践及启示

美国是世界上对图书馆复制豁免行为立法较为完善的国家,这其中一个很重要因素就是美国图书馆协会从上个世纪30年代开始,就积极致力于复制行业规范的确立,并通过各种方式促使立法机关出台保护图书馆复制豁免的法律。美国图书馆协会积极维护图书馆界利益的实践经验将给我们带来许多有益的启示和借鉴。     

Taking Time for Legal Research Instruction at the Reference Desk

Summary

This article asks whether the law governing public access to judicial opinions mandates citation reform. An overview of the citation reform issue is provided followed by a discussion of various legal theories that may support the need for citation reform. The author includes considerations of the First Amendment, Substantive and Procedural Due Process, Equal Protection, The Freedom of Information Act and Copyright Law as well as state statutory provisions and the general common law.     

Recent Citation Practices of the Indiana Supreme Court and the Indiana Court of Appeals

Abstract

This study provides an empirical, practical measure of the citation practices of the two highest courts in the state of Indiana during a recent ten-year span (1994-2003). It focuses on the type of legal materials most frequently cited as authority, examining the importance of both primary and secondary sources. It also demonstrates the importance of housing and maintaining complete appellate briefs from the two highest courts in the state of Indiana.     

美国版权侵权认定标准演化研究

美国法院按照以下两个程序认定被告是否侵权并在此过程中确定侵权认定标准：首先,原告对作品是否拥有有效的版权;第二,被告是否侵犯了原告的版权。“被告是否侵犯了原告的版权”认定也有两步：一是被告是否事实上抄袭了原告作品,二是被告是否抄袭了原告作品中受版权保护的表达部分并足以构成侵权。而对于“抄袭是否足以构成侵权”的判断就是“实质相似”判断。在美国,随着时间的变化、技术的发展和人们认识的变化,不同的巡回法院在不同的阶段对“实质相似”判断方法是不同的,依时间变化分别有专家证言与抽象测试法、一般观察者的“整体判断”测试法、“整体概念和感觉”测试法(后来改进为“外在/内在”测试法)、“作品所针对的对象”测试法、“更敏锐的观察者”分析法和“抽象-过滤-比较”测试法。     

The Economic Logic of Copyright

Summary

Current efforts in Congress to strengthen the copyright protection afforded databases should seriously concern all librarians but especially those in legal reference. The reliance on databases, primarily those of Lexis-Nexis and Westlaw, make the users of such services particularly vulnerable to the exercise of monopoly power that copyright grants. An understanding of the unique economic characteristics of “information” and its relation to the public domain is essential to evaluating the economic, let alone social-democratic, impact of current proposals. This paper argues “economic logic” in and of itself does not necessarily support the provision of stronger copyright in general and for databases in particular.     

学位论文著作权集体管理模式分析

从著作权集体管理的角度,结合学位论文著作权集体管理的现状分析,提出学位论文著作权集体管理模式的发展思路,为更多学位论文作者的合法权益提供维护和保障,对学位论文著作权集体管理体系的完善、学位论文著作权保护的规范化和科学化管理具有现实的意义。
     

An examination of institutional policy on copyright and access to research resources in Uganda***

Education and research are the cornerstones of Africa's socioeconomic and political development. Yet several barriers stand in the way of Africa's education and research institutions in realizing their full potential. This paper examines copyright as a barrier in the access and use of electronic resources in Africa's education and research contexts. This paper addresses this policy question by examining the extent to which the draft policy on research and intellectual property rights management of Makerere University advances access to resources and the open sharing of knowledge. Based on the critical analysis of Makerere's policy, this paper notes that openness should trump other institutional interests in the copyright system. The position taken in the paper is that institutional policies should advance open sharing of information and knowledge (internal or external to the institution). Short-term legal remedies are proposed based on various Creative Commons' licenses that are designed to advance openness within existing national copyright statutes. Long-term remedies suggested involve reforming national and international laws and instruments to advance openness including protecting existing provisions for education and research. Protection of education and research activities can be attained by not simply availing the existing exceptions and limitations but also precluding statutory exceptions and limitations from being overridden by contractual licenses. The proposed short and long-term remedies are expected to be addressed by institutional policies to facilitate in the access and use of e-resources (and other research and educational resources).     

A business citation analysis: A local follow-up study

While there is no official style for business writing, the most common citation style in business research has not been determined previously. The purpose of this study is to evaluate the top scholarly business journals to determine the most commonly used citation style in business academic research. The author used the list of 452 top business journals included in the Social Sciences Citation Index (SSCI) Journal Citation Report. The results show that 69% of business journals use a publisher-dictated style, whereas of the “traditional” citation styles, 11% use the American Psychological Association style, 10% use Harvard style, 8% use Chicago style, and none use Modern Language Association style.     

专利引用关系形成的解释框架:一个指数随机图模型视角

[目的/意义]近年来，围绕着专利引文网络结构特征的研究出现大量的研究成果，这些成果都从某种程度上折射出专利引文关系的形成受到来自属性特征之外关系特征的影响，而现有的以回归方法为基础的统计推断方法难以将这些因素纳入到分析框架中，因此，急需探索新的方法。[方法/过程]从关系形成视角，专利引用关系形成可表示三种广义的关系形成过程：自组织影响过程、自身属性影响过程、网络协变量影响过程，并建立关系形成过程与网络配置间的映射关系，最终，形成一整套可用于理解复杂专利引用关系形成问题的解释框架。[结果/结论]提出一整套可用于理解复杂专利引用关系形成问题的解释框架，该框架是未来进一步构建网络统计模型的理论基础，另外，解释框架包含丰富的网络配置项，预示着未来指数随机图模型在文献计量、科学网络分析上广阔的应用前景。     

Should citations be counted separately from each originating section?

Articles are cited for different purposes and differentiating between reasons when counting citations may therefore give finer-grained citation count information. Although identifying and aggregating the individual reasons for each citation may be impractical, recording the number of citations that originate from different article sections might illuminate the general reasons behind a citation count (e.g., 110 citations = 10 Introduction citations + 100 Methods citations). To help investigate whether this could be a practical and universal solution, this article compares 19 million citations with DOIs from six different standard sections in 799,055 PubMed Central open access articles across 21 out of 22 fields. There are apparently non-systematic differences between fields in the most citing sections and the extent to which citations from one section overlap with citations from another, with some degree of overlap in most cases. Thus, at a science-wide level, section headings are partly unreliable indicators of citation context, even if they are more standard within individual fields. They may still be used within fields to help identify individual highly cited articles that have had one type of impact, especially methodological (Methods) or context setting (Introduction), but expert judgement is needed to validate the results.     

Seizing the moment: scientists' authorship rights in the digital age

The American Association for the Advancement of Science carried out a study on intellectual property and electronic journal publishing with the aim of identifying those aspects of the intellectual property regime that facilitate or constrain the effective development of electronic scientific publishing. This paper summarizes the conclusions reached, emphasizes the continuing need to maintain the legal framework offered by copyright law, but makes recommendations both for its modification and in its application to ensure that the potential benefits of electronic publishing are fully realized. The full report by AAAS is posted on the Web at www.aaas.org/spp/sfrl/projects/epub/finalrept.html