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Code of Best Practices in Fair Use for Open Educational Resources
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A Guide for Authors, Adapters & Adopters of Openly Licensed Teaching and Learning Materials

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(Note: This resource's metadata has been created automatically by reformatting and/or combining the information that the author initially provided as part of a bulk import process.)

Subject:
Education
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
American University
Provider Set:
Washington College of Law
Date Added:
02/17/2021
Copyright Basics: Crash Course Intellectual Property #2
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This week, Stan Muller teaches you the basics of copyright in the United States. Copyright law is territorial, so we're going to cover the system we know the most about, and that's the US. Stan will talk about what kind of ideas can be copyrighted, who can get a copyright, and what protections the copyright grants. We'll also talk about the always contentious and seemingly ever-growing term of copyright. Stan will also teach you about the low bar for creativity, which means that original work doesn't have to be all that original, and he'll also touch on the problems with copyright in the modern world.

Subject:
General Law
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
05/07/2015
Copyright, Exceptions, and Fair Use: Crash Course Intellectual Property #3
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Stan Muller teaches you a few things about copyright enforcement and talks about the exceptions to copyright enforcement. While there are several, the one you've probably heard of is Fair Use, and it's a pretty tricky one. We'll try to explain it and teach you just why fair use is so loosey-goosey.

Subject:
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
05/21/2015
Copyright: the Card Game
Conditional Remix & Share Permitted
CC BY-SA
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For those of you who have ever delivered copyright training, you know it can often be a rather dry subject, that we often have difficulties persuading colleagues to attend. Well that will all be set to change, once you start thinking more creatively about copyright education. Instead of focusing on aspects of the law and thinking about what copyright might stop people from doing, our game encourages them to focus on four positive aspects to copyright. it is based on working in teams to tackle a number of common scenarios. We are looking to add new scenarios to the game all the time, to make it relevant for different types of staff and hope to start working on a version for PhD students.

The four ‘suits’ in the game are:

- Copyright works – what is the material that someone wants to use? Is it protected by copyright and how is it defined in the law?
- Usages, or what the law calls the ‘restricted acts’ that are the exclusive right of the copyright holder. How does what you want to do with a work map onto the usages as defined in the law?
- Licenses – how do licences work? What licences are available and how might they be used to enable you to go beyond what the law might allow
- Exceptions – what copyright exceptions exist in the UK and how can you make better use of them

Subject:
Intellectual Property Law
Law
Material Type:
Game
Interactive
Author:
Chris Morrison
Jane Secker
Date Added:
11/20/2024
IP Problems, YouTube, and the Future: Crash Course Intellectual Property #7
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In which Stan Muller talks about some of the problems in Intellectual Property law as it exists today. He'll also teach you a little about how IP law applies to everyone's favorite media platform, YouTube. Lastly, he'll do a little prognosticating, and try to predict how IP law might change in the future.

Subject:
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
08/24/2015
Intellectual Property
Conditional Remix & Share Permitted
CC BY-NC-SA
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This lesson plan goes over the basics of intellectual property rights and laws that protect intellectual property. There are some links to real world examples in the presentation as well. This lesson plan includes a presentation, worksheet, and a key. 

Subject:
Intellectual Property Law
Material Type:
Homework/Assignment
Lesson Plan
Author:
Brittney Patterson
Date Added:
07/06/2023
Intellectual Property: Law & the Information Society—Cases and Materials
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CC BY-NC-SA
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This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three graphmain forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.

The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court's rulings on gene patents.

Subject:
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
James Boyle
Jennifer Jenkins
Date Added:
11/18/2021
International IP Law: Crash Course Intellectual Property #6
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This week, Stan Muller teaches you how intellectual property law functions internationally. Like, between countries. Well, guess what. There's kind of no such thing as international law. But we can talk about treaties. There is a bevy of international treaties that regulate how countries deal with each others' IP. The upside is that this cooperation tends to foster international trade. The downside is that these treaties tend to stifle creativity by making it harder to shorten copyright terms. You win some, you lose some.

Subject:
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
06/04/2015
Introduction to Copyright Law
Conditional Remix & Share Permitted
CC BY-NC-SA
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This course is an introduction to copyright law and American law in general. Topics covered include: structure of federal law; basics of legal research; legal citations; how to use LexisNexis®; the 1976 Copyright Act; copyright as applied to music, computers, broadcasting, and education; fair use; Napster®, Grokster®, and Peer-to-Peer file-sharing; Library Access to Music Project; The 1998 Digital Millennium Copyright Act; DVDs and encryption; software licensing; the GNU® General Public License and free software.

Subject:
Intellectual Property Law
Law
Material Type:
Full Course
Provider Set:
MIT OpenCourseWare
Author:
Winstein, Keith
Date Added:
01/01/2006
Introduction to IP: Crash Course Intellectual Property #1
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This week, Stan Muller launches the Crash Course Intellectual Property mini-series. So, what is intellectual property, and why are we teaching it? Well, intellectual property is about ideas and their ownership, and it's basically about the rights of creators to make money from their work. Intellectual property is so pervasive in today's world that we thought you ought to know a little bit about it. We're going to discuss the three major elements of IP: Copyright, Patents, and Trademarks.

ALSO, A DISCLAIMER:
The views expressed in this video do not necessarily reflect those of the United States Copyright Office, the Library of Congress, or the United States Government.
The information in this video is distributed on an "as-is" basis, without warranty. While precaution has been taken in the preparation of the video, the author shall not have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by any information contained in the work.
This video is intended for educational purposes only and is not intended to be, nor should it be construed as, legal advice. Intellectual property law is notoriously fact-specific, and this video (or any other single resource) cannot substitute for expert guidance from qualified legal counsel. To obtain legal guidance relevant to your particular circumstances, you should consult a qualified lawyer properly licensed in your jurisdiction. You can contact your local bar association for assistance in finding such a lawyer in your area.

Subject:
General Law
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
05/07/2015
Introduction to Intellectual Property
Unrestricted Use
CC BY
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0.0 stars

Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.

Subject:
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
Rice University
Provider Set:
OpenStax College
Author:
David Kappos
David Kline
Date Added:
07/12/2022
Introduction to Intellectual Property Law
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CC BY-NC-SA
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Unlike traditionally published casebooks, which typically include short case excerpts providing key rules or doctrine, Introduction to Intellectual Property Law features one or two judicial opinions per chapter, in their entirety, along with descriptive notes to fill in the details. The resulting collection can be read on any device, free of charge.

Because reading full opinions is not easy, especially at the beginning of a legal career, another important component of this casebook are sets of questions to focus on while reading the cases. Lawyers generally approach texts this way, reading with purpose rather than to glean abstract knowledge. As you read the opinions, do it with a mind toward answering the questions posed.

Subject:
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
University of Iowa
Provider Set:
Iowa Research Online
Author:
Jason A. Rantanen
Date Added:
10/18/2024
Order without Intellectual Property Law: Open Science in Influenza
Unrestricted Use
Public Domain
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Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on “intellectual production without IP” (or “IP without IP”) has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group—all without recourse to IP. I analyze the Network as an example of “open science,” a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need. The theory and example developed here refute the most powerful criticisms of the emerging “IP without IP” literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a “supply side” rather than “demand side” model. In its most important instances, “order without IP” is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives.

Subject:
Biology
Intellectual Property Law
Law
Life Science
Material Type:
Reading
Author:
Amy Kapczynski
Date Added:
08/27/2021
Patents, Novelty, and Trolls: Crash Course Intellectual Property #4
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Some Rights Reserved
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This week, Stan teaches you about patents. It turns out, they're patently complicated! So, patents have some similarities to copyright, in that they grant a limited monopoly to people who invent things. The key difference between patents and copyright is that patents are for THINGS. Copyright is for an idea. So, if you've come up with a great new invention, like for example, a condiment gun, you should get a patent. We'll also talk about some of the limitations and problems of patents, including patent trolls

Subject:
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
05/14/2015
Trademarks
Only Sharing Permitted
CC BY-NC-ND
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0.0 stars

This course focuses on the legal mechanisms to protect distinctive logos, slogans and other visual marks associated with products from unauthorized use by other parties. This is an introductory level course and no prior knowledge of intellectual property law or law in general is required.

The course opens with a discussion of what trademarks are and distinguishes them from other forms of intellectual property. We’ll also look at what constitutes a trademark and related phenomena such as service marks, trade names and trade dress. We will also look at the symbols that may be and typically are used to indicate claimed trademarks.

Module two focuses on securing trademark protection and looks at the federal agencies that enforce trademark law and the mechanisms by which one can register trademarks, and the costs associated with doing so. We will look at the various steps involved in registering a trademark and the steps that can be taken to appeal denials by the USPTO. Finally, we will look at the limited roles of state law and common law in trademark protection.

Module three focuses on the important “distinctiveness” requirement for trademark protection. We will look at the differences among descriptive, suggestive, arbitrary and fanciful marks. The module also covers cases that illustrate the nuances of the series of rules and how distinctiveness can be acquired or lost depending on how the marks are used in the context in which they are used.

Module four covers trademark enforcement. We will start with trademark searches, including how goods or services owners can determine whether phrases and marks are trademarked and the extent to which they can trademark their own. We’ll go through the various available databases and discuss steps that are important to maintain a trademark’s effectiveness. We will also cover transfers of trademark rights.

The final module looks at infringement. We will discuss various types of trademark dilution and then look at the important defense of fair use. Finally, the course ends with a discussion of the various remedies that are available once trademark infringement has been established.

Upon completion of this course, the viewer will be able to apply the basics of trademark law and will, hopefully, be encouraged to take advantage of our other courses in the intellectual property field.

Subject:
Intellectual Property Law
Law
Material Type:
Assessment
Interactive
Lesson Plan
Reading
Teaching/Learning Strategy
Author:
Stephen Haas
Date Added:
12/11/2019
Trademarks and Avoiding Consumer Confusion: Crash Course Intellectual Property #5
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Some Rights Reserved
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In which Stan Muller teaches you about our third branch of Intellectual Property, trademarks. A lot of people confuse trademark and copyright. Trademarks apply to things like company and product names and logos, packaging designs, and commercial designs. Basically, copyright protects ideas, but trademarks protect the things that help consumers tell companies apart. This ensures that consumers know the source of the goods they're buying. Without trademarks, it would be really difficult to buy the same product twice, and very easy for unscrupulous companies to pass off fakes and knock-offs of the products you want. I'm telling you, you like trademarks.

Subject:
Intellectual Property Law
Law
Material Type:
Lecture
Provider:
Complexly
Provider Set:
Crash Course Intellectual Property
Date Added:
05/28/2015
U.S. Copyright Basics Tutorial
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CC BY-NC-SA
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This lesson introduces you to the basics of U.S. copyright protection. Copyright is a form of legal protection that allows authors and other creators to control their original, creative work.By the end, you will be able to distinguish between what qualifies for copyright protection and what does not, as well as define basic copyright terms such as public domain and derivative.The content in this lesson is organized using the 6 Ws, outlined below:Why does copyright protection exist?Whose work is protected by copyright?What can copyright holders do with their copyrights?Which works can be protected by copyright?When is a work protected by copyright?Where are copyrighted works protected?

Subject:
Intellectual Property Law
Material Type:
Module
Author:
Rachel Miles
Date Added:
03/21/2018
United States Copyright Law
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CC BY-NC-SA
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This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 1: Copyright Statutory Law contains the text of Title 17 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Subject:
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
04/16/2012
United States Patent Law
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CC BY-NC-SA
Rating
0.0 stars

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 2: Patent Statutory Law contains the text of Title 35 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Subject:
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
04/16/2012
United States Trademark Law
Conditional Remix & Share Permitted
CC BY-NC-SA
Rating
0.0 stars

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume III: Trademark Statutory Law contains Chapter 22 of Title 15 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Subject:
Intellectual Property Law
Law
Material Type:
Textbook
Provider:
Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
04/16/2012