PRESENTATIONS

Recent Presentations and Symposiums

Privacy and Scholarship

NISO Conference Presentation – September 2020

Participated in a terrific NISO webinar “Privacy in the Age of Surveillance” on 16 September 2020 (ppt presentations available on the NISO site), where I tried to identify the regulatory framework (such as it is) that governs protecting privacy in scientific communications, analytic products, and in the research itself.

I noted the inconsistencies between Europe’s GDPR (quite protective with requirements for active opting in, data management) and the US patchwork (HIPPA, COPPA, GLB Act). Such inconstancies are a challenge to international businesses with customers on both sides of the Atlantic, such as publishers. In describing best practices, I emphasized that sharing of identifying information outside of the user’s home institution should be limited if not eliminated, although this also requires that institutions take on more responsibility for monitoring their own users’ behavior. For analytic products such as in adaptive learning and personalized medicine, the protective measures to be taken need to take a significant step up, although the motivations on the part of users also encourage the development of such services.

Dylan Gilbert from NIST discussed the brand new privacy policy, NIST version 1.0, which emphasizes careful analysis of risk and benefit, and focused quite a bit on anonymizing user information when dealing with third parties. Emily Singley (Boston College) addressed the problems in IP address authentication and possible resolutions through federated access (which also has some efficiencies in navigating across multiple platforms). Interestingly, Emily noted that with the pandemic, BC users have moved away from EZProxy log-ons (and general online searches including Sci-Hub) to the recently implemented federated access programs, with significant support from the IT department.

Todd Digby (U of Florida) continued the discussion about coordinating the library issues with the technology concerns. UF has launched a “Fast Path” solution which addresses IT and online access implementation issues in one program. Micah Vandegrift (Open Knowledge) and Hannah Rainey (NCSU) gave a fascinating presentation on browser-based game designed to better inform users about privacy issues (Tally Saves the Internet/Digital Life Decoded) and the trade-offs involved. Finally, Qiana Johnson (Northwestern U) gave an excellent summary of the issues facing university libraries and vendors.

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“Frankfurt Book Fair discussions on EU Digital Single Market copyright directive 2019”

Frankfurt Book Fair discussions on EU Digital Single Market copyright directive 2019

In addition to discussions on OA and Transformative Agreements, I was happy to join a CCC panel to discuss the next steps in the European digital copyright agenda, the DSM, which attracted controversy and communication cascades last winter and spring before final passage in the European Parliament in May 2019. Much of that controversy was around the question of greater technology platform responsibility for content and copyright compliance—which was often equated in that debate with censorship. The DSM sound up being about far more than Articles 11 and 13 (which wound up being Articles 15 and 17), the news publishers right and platform compliance, as one would expect of a significant review and rewrite of digital copyright rules that have in Europe been largely unchanged since the Information Society directive of 2001. The infographic below notes a whole host of issues, from copyright exceptions to contract law and collective licensing.

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“Copyright and innovation in the life sciences (Publishers, licensing & innovation)”

Presentation at September 2020 panel organized by US Patent & Trademark Office and US Department of Justice (antitrust)

The US Patent & Trademark Office and the Department of Justice put together a program on “Promoting Innovation in the Life Science Sector and Supporting Pro-Competitive Collaboration: the Role of Intellectual Property” with many speakers from government, business, law firms, university, and public interest organizations, and several judges on 23-24 September 2020. Patents and patent cooperation and collaboration was a key part of day 1, although we did have a late afternoon session on “Copyright and Innovation in the Life Sciences”. I was pleased to participate with Bhamati Viswanathan (Emerson College) and Michael Carroll (American University) to discuss the issues of copyright, open access, and research needs. You can find my presentations [here] and the PowerPoint slides I used below.

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Legal issues in “Controlled Digital Lending

Presentation – May 2019

The copying and distribution of copyrighted content by libraries present complex legal issues, and although there are existing copyright law exceptions for such library activities (primarily in Section 108 of the US Copyright Law), those exceptions have not formally been amended for digital and online uses. The position statement and white paper on controlled digital lending (CDL) published in September 2018 by Kyle Courtney (Harvard) and David Hansen (Duke) is endorsed by a number of libraries, copyright academics, and other organizations such as the Internet Archive, but should be understood to be primarily an advocacy position, relying principally on a “fair use” argument and some risk assessment. While in the past publishers and libraries have worked together on legislative solutions including a working group on Section 108 in the mid-2000’s, and on a number of pilot e-book lending projects in 2013 and 2014, there was no such “bipartisan” engagement in developing the CDL proposal, and publishers (the AAP) and authors (the Authors Guild) have noted their opposition and disagreement with the CDL position.

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“Challenges and Opportunities for Europe’s Digital Single Market”

Panelist , Suffolk University Law School, October 2018

Spoke on Article 11 and the new neighboring right for news publishers, Suffolk University Law School, October 2018

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“Professional ethics requirements for publishing on preprint servers”

February 2018

“Professional ethics requirements for publishing on preprint servers,” NISO virtual conference on the Preprint: Integrating the Form into the Scholarly Ecosystem, February 2018

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“Copyright in the age of analytics”

STM Association Innovation Seminar, London December 2017

“There is huge value in the curation and the discovery of important information,” says Mark Seeley, General Counsel for Elsevier, the leading global publisher and analytics provider for the scientific research and health markets. “And there’s a gap in terms of how that is then turned into a commercial model.”

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“Rethinking the Publishing Agreement”

Grants, Rights and Responsibilities in the 21^stCentury – Even through the technology boom and the digital revolution, the publishing agreement and grant of rights by authors has remained relatively the same.

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“Copyright, related rights and news in the EU: Assessing potential new laws”

University of Amsterdam, April 2016

The conference was part of a two-year, AHRC funded project at CIPIL, Cambridge University, entitled Appraising Potential Legal Responses to Threats to the Production of News in a Digital Environment, which the IViR kindly hosted and facilitated.

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Library Archiving & Preservation Issues

Panelist, Section 108 Reforms symposia, Columbia University 2013

With Jonathan Band, Mary Minnow, Eric Schwartz. Copyright Exceptions for Libraries in Digital Age: Section 108 Reforms symposia. “Should the §108 exceptions be limited to libraries and archives or extended to other institutions? How should eligible “libraries” and “archives” be defined?”