John Ben DeVette's Blog

Thoughts experiences & learnings about the world of academic publishing …

Update on the Southeast Asia Information Market for Western Publishers

International Market Updates: Middle East and Southeast Asia, a webinar was hosted by the Society of Scholarly Publishing and the Association of American University Presses last week.  I had the honor of presenting on Southeast Asia.  Includes details on the market for online and print books and journals, and databases in Southeast Asia.  And detailed information about the institutional information markets in Singapore, Malaysia, Thailand, and Indonesia.
The following is my PowerPoint presentation.

 

Special thanks to Nick Weir-Williams, Publishing Technology, for organizing the webinar!

20 December 2010 Posted by | Academic Publishing, Patent Copyright Intellectual Property IP, Scholarly Communication | , , , , , | Leave a comment

PATENT to Human Genome Ruled INVALID – Major Victory for the PUBLIC KNOWLEDGE MOVEMENT

A new ruling by the New York federal court declared illegal and invalid the Myriad Genetics and the University of Utah Research Foundation owned patents to the BRCA genes . The patent was restricting both scientific research and patients’ access to medical care. The lawsuit filed by ACLU and the Public Patent Foundation argued that patents on human genes violate the First Amendment and patent law because genes are “products of nature.”

20% of the 2000 human genes (gene maps) have already been patented. These patents prevent anyone from further research into the patented gene without permission or paying a royalty to the patent owner. All existing gene patents will likely be reviewed, and many overturned.

BRCA genes are known to be associated with hereditary breast cancer and ovarian cancer. Myriad & Univ of Utah’s patent to the BRCA gene was severely limiting competitive research into the causes of breast cancer and the development of new methods for detection and prevention of breast cancer.

Daniel B. Ravicher, Executive Director of PUBPAT and co-counsel in the lawsuit said: “No one invented genes. Inventions are specific tests or drugs, which can be patented, but genes are not inventions.”

30 March 2010 Posted by | Patent Copyright Intellectual Property IP, Scholarly Communication | , , , , , | Leave a comment

Contract Law Takes Precedence Over Copyright Law: PINK FLOYD WINS IN COURT

“Pink Floyd Wins Court Battle With EMI Over Downloads” was announced last week in London. [ http://www.nytimes.com/2010/03/12/business/media/12pink.html ] A good reminder to authors and creators of intellectual property. Whenever you enter into a contract with a publisher (or in this case a recording company or record label) the wording of the contract supersedes and overrides copyright law.

In the case of Pink Floyd versus EMI, the contract in question was favorable to the artists’ interests, and limited the way EMI was allowed to sell (online or in any format) Pink Floyd’s recordings. In effect, EMI must sell only entire the entire album or CD, and is not allowed to sell individual songs online or in any format.

In essence this is the same battle that academic publishers are having with authors. Increasingly, authors want to control how their intellectual property (IP) is being used. Any contracts signed between author and publisher will supersede common copyright law. So when submitting articles for publication, please pay close attention to the fine print before signing away your future rights.

This has implications for university institutional repositories and open access publishing endeavors, obviously.  Choosing a Creative Commons License in effect will also supercede common copyright law, but once again, any contracts signed between author and publisher will supersede a Creative Commons license in the same way it overrides common copyright law.

LINK TO ORIGINAL NYT ARTICLE:   http://www.nytimes.com/2010/03/12/business/media/12pink.html

Creative Commons:  http://creativecommons.org/

15 March 2010 Posted by | Digital Publishing, Patent Copyright Intellectual Property IP, Self Publishing, Uncategorized | , , , , , | Leave a comment

   

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