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The perspective I will take is that of a Library Administrator in an academic library. My audience would be both students and faculty who are looking for information about intellectual property rights.

This topic is important as it applies to anyone looking to do research or produce their own works. A good understanding of how you are protected legally will help the reader make informed decisions regarding their works.

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I interviewed Dr. Vivienne McClendon, Executive Director of Neumann Library, University of Houston-Clear Lake, https://uhcl.libguides.com/services/staff-dir

Intellectual property rights are important in the academic world. As librarians, it is important to understand how to access information without violating creator rights so that students can get the information they need. By informing students and faculty of the necessary procedures surrounding access of information, we can ensure that no one has their rights violated.

Best Practices Regarding Intellectual Property Rights:
*Inform the patron of policies that restrict access to information.
*Ensure you follow campus guidelines on copyright laws
*Be aware of what is and is not a violation of protection rights to better inform your patrons.

Currently, the negotiations with Elsevier and the Texas Library Coalition for United Action are an important event to observe. Many Texas universities are uniting to try and negotiate better deals with the publisher to reduce cost, maintain access for students, and improve faculty control of their works. This is an important movement as it showcases the dilemma of rising costs on publications which are full of works from researchers and faculty.

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This post is a good compilation of information about the different people involved with intellectual property rights. It also identifies the importance of the library as purchasers and distributors of materials both copyrights and public domain.

Henderson, C.C. (2019, March 10). Why Librarians Care about Intellectual Property Law and Policy. American Library Association. http://www.ala.org/advocacy/copyright/copyrightarticle/librariescreatures

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This article talked about the Allen v. Cooper case which involved the protection of state immunity from copyright cases. It involves the complexities of what is and is not copyright infringement as well as whether the state is protected from infringement cases.

Walsh, M. (2020, March 23). U.S. Supreme Court Rules on Race-Bias in Contracting, Copyright Immunity. EducationWeek. https://www.edweek.org/policy-politics/u-s-supreme-court-rules-on-race-bias-in-contracting-copyright-immunity/2020/03

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This article covers a situation where copyright infringement does not occur. It is important as an educator to understand the different policies surrounding intellectual property rights to better inform students and staff.

McKenzie, L. (2021, April 23). Student Sues Remote Proctoring Company Proctorio. Insider Higher Education. https://www.insidehighered.com/quicktakes/2021/04/23/student-sues-remote-proctoring-company-proctorio

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This clause provides legal protections to patents and copyright:
*Creator of a patent owns the patent
*Determines how long a copyright lasts, depending on what body holds the rights
*Work enters public domain after copyright expires

U.S. Const. art. 1, § 8, cl. 8.
Link to Clause: https://www.law.cornell.edu/wex/intellectual_property_clause

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This section dictates the requirements of intellectual property policies in Texas universities:
*Has to handle disclosure of new discoveries
*Review of disclosures to determine ownership
*"Guidelines for licensing scientific and technological developments"
*"Clear identification of ownership and licensing responsibilities for each class of intellectual property"
*"Royalty participation by inventors and the institution"
*"Equity and management participation on the part of the inventor or inventors in business entities that utilize technology created at the institution of higher education"

Intellectual Property Policies, 3 TEC § 51.680
Link to Section: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.680

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This section dictates ownership of intellectual property through copyright:
*A work is initially owned by its author and can be transferred to another owner
*A work belongs to an employer if they employed another to create something
*Creates protections against involuntary transfers

Ownership of Copyright, 17 USC § 201
Link to Section: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section201&num=0&edition=prelim

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This case ruled that copyright laws protect only the particular way in which an idea is expressed rather than the entire idea. In this case it was not infringement as the contents of Baker's book were different and only the organization was shared with Selden's work.

Baker v. Selden, 101 US 99 (1879).
Link to Case: https://www.law.cornell.edu/supremecourt/text/101/99

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This section talks about the procedure for new discoveries uncovered from research on campus. It focuses on the spreading of new information as opposed to making a profit though it does lay that out.

University of Houston-Clear Lake. (2020, May 20). Faculty Handbook, Intellectual Property Policy (UH System Policy), 10.5. https://www.uhcl.edu/provost/documents/faculty-handbook.pdf

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Section IV covers intellectual property rights and seeks to ensure both the holder of copyright and the user of the information are able to both be satisfied. This showcases the importance of understanding intellectual property rights as it will help make it easier to appease every party involved.

American Library Association. (2008). Code of Ethics of the American Library Association (amended June 30, 1981; June 28, 1995; and January 22, 2008). http://www.ala.org/advocacy/sites/ala.org.advocacy/files/content/proethics/codeofethics/Code%20of%20Ethics%20of%20the%20American%20Library%20Association.pdf

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Intellectual property rights have been an important aspect of my educational journey. Throughout my time as a history student, it was always stressed how important it was to credit the information to its rightful owner. This has helped me better understand the importance of ownership of information and gives me perspective on current issues involving this subject.

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Here are some recommendations for complying with intellectual property rights and copyright:
*Inform the user of information, student or staff, of required guidelines to ensure no violations.
*Ensure that in your work you comply with all laws pertaining to copyright protection. This is important when considering faculty and student requests to scan materials.
*Provide ample information beyond verbal means so that the chance of a violation is reduced further. This includes signs and warnings on scanning hardware.
*Inform yourself about what is and is not a intellectual property rights violation to better inform your patrons.
*Organize informational sessions for students alongside other library informational sessions. This could include examples of past violations as well as situations where there was not a violation.
*Stay aware of situations like the negotiations with Elsevier to ensure that your library is able to provide access to information without any undue restrictions.