What are the rights of ownership?

I started looking at this question today: "What are the rights of ownership?"

Ownership differs from copyright.

Sabloff, J.A. Scientific research, museum collections, and the rights of ownership. SCI ENG ETHICS 5, 347–354 (1999). https://doi.org/10.1007/s11948-999-0025-6

Hodder, Ian. “Cultural Heritage Rights: From Ownership and Descent to Justice and Well-Being.” Anthropological Quarterly 83, no. 4 (2010): 861–82. http://www.jstor.org/stable/40890842.

Kirsten Foss & Nicolai Foss (2001) Assets, Attributes and Ownership, International Journal of the Economics of Business, 8:1, 19-37, DOI: 10.1080/13571510151075233

Zuckerman, H. A. (1988). Introduction: Intellectual Property and Diverse Rights of Ownership in Science. Science, Technology, & Human Values, 13(1–2), 7–16. https://doi.org/10.1177/0162243988013001-203

Caronni, G. (1995). Assuring Ownership Rights for Digital Images. In: Verläßliche IT-Systeme. DUD-Fachbeiträge. Vieweg+Teubner Verlag, Wiesbaden. https://doi.org/10.1007/978-3-322-91094-3_16

15 Wm. & Mary L. Rev. 759 (1973-1974)
Rights of Ownership or Rights of Use--The Need for a New Conceptual Basis for Land Use Policy https://heinonline.org/HOL/LandingPage?handle=hein.journals/wmlr15&div=38&id=&page=

https://repository.library.georgetown.edu/handle/10822/779730

https://books.google.fr/books?id=QLOvDAAAQBAJ&pg=PA83&lpg=PA83&dq=library+records+ownership&source=bl&ots=BtkD7gmt3s&sig=ACfU3U0PiYkMUSP2fAbvHCCR3cmxBqWPiA&hl=en&sa=X&ved=2ahUKEwiS3Yez7IzxAhWy5eAKHdqhA1kQ6AEwJXoECBMQAw#v=onepage&q=library%20records%20ownership&f=false

Copyright Issues Relevant to the Creation of a Digital Archive: A Preliminary Assessmentbody

http://web.archive.org/web/20210301072826/https://library.ca.gov/services/to-libraries/ca-revealed/ownership/


Note: this is interesting: http://www.helix.dnares.in/wp-content/uploads/2017/12/2346-2351.897.pdf

32 Ariz. L. Rev. 739 (1990)
The Rights of Indigenous Peoples as Collective Group Rights https://heinonline.org/HOL/LandingPage?handle=hein.journals/arz32&div=34&id=&page=

Oboler, Regina Smith (1977) The economic rights of Nandi women. Working paper no. 328, Nairobi: Institute for Development Studies, University of Nairobi https://opendocs.ids.ac.uk/opendocs/handle/20.500.12413/1201

35 Seattle U. L. Rev. 1227 (2011-2012)
Hired to Invent vs. Work Made for Hire: Resolving the Inconsistency among Rights of Corporate Personhood: Authorship, and Inventorship
https://heinonline.org/HOL/LandingPage?handle=hein.journals/sealr35&div=47&id=&page=

Lost Lands?: (land) Rights of the San in Botswana and the Legal Concept of... https://books.google.com/books?hl=en&lr=&id=98dXvUkLjXoC&oi=fnd&pg=PA9&dq=%22rights+of+ownership%22+-%22property+rights%22&ots=Yg5kxp66SQ&sig=VANWd__ZoI2e-UaOnkrzFJn5im4#v=onepage&q=%22rights%20of%20ownership%22%20-%22property%20rights%22&f=false

https://www.taylorfrancis.com/chapters/edit/10.4324/9781315588353-8/reforming-swedish-sami-legislation-survey-arguments-bertil-bengtsson


Related to:
Pierscionek, B.K. What is presumed when we presume consent?. BMC Med Ethics 9, 8 (2008). https://doi.org/10.1186/1472-6939-9-8

In addition to these issues of ownership,

OCAP Principles directly point out that ownership is a key issue. https://fnigc.ca/ocap-training/

OCAP is a set of principles: ownership, control, access, and possession of data within a collaborative relationship between the researcher(s) and First Nations people and communities.

https://journalofethics.ama-assn.org/article/using-ocap-and-iq-frameworks-address-history-trauma-indigenous-health-research/2020-10#:~:text=OCAP%20is%20a%20set%20of,First%20Nations%20people%20and%20communities.

Ownership also impacts what archives can and can not do with modern data https://isidore.science/document/10670/1.0fv98j

Image Copyrights and the history of copyright and the public domain

The linked article is not well referenced, but it does have an lot of detail dates.
https://photoclaim.com/when-photography-copyright-started-the-origins-of-copyright/

Again a nice timeline but not really great references for scholarly purposes.

I was trying to find out when images (paintings, photographs, etc.) were first eligible for copyright protections. Maybe some of this is set through case-law.

In addition to this question, a second question exists: when was copyright and the public domain established?

Tyler T. Ochoa, Origins and Meanings of the Public Domain , 28 U. Dayton L. Rev. 215 (2002),
Available at: https://digitalcommons.law.scu.edu/facpubs/80

https://www.belmont.edu/legal/pdf/Public-Domain-Chart.pdf
https://en.wikipedia.org/wiki/History_of_copyright

Welcome to the Public Domain


https://www.nypl.org/blog/2019/05/31/us-copyright-history-1923-1964


others
Ashton Williams, Shockingly Evil: The Cruel Invasive Appropriation and Exploitation of Victims' Rights of Publicity in the True Crime Genre, 27 J. Intell. Prop. L. 303 (2020).
Available at: https://digitalcommons.law.uga.edu/jipl/vol27/iss2/6

Peter K. Yu, Ten Common Questions about Intellectual Property and Human Rights, 23 Ga. St. U.L. Rev. 709 (2007).
Available at: https://scholarship.law.tamu.edu/facscholar/386

https://digitalcommons.unl.edu/scholcom/208/

MODS language code usage…

With regard to MODS 3.8 documentation viewable here: https://www.loc.gov/standards/mods/userguide/attributes.html#lang

The current documentation states the following:

xml:lang
@xml:lang serves the same purpose as @lang, but follows the W3C documentation that indicates using the IANA language subtag registry, which includes codes from the ISO language and script standards.

This is confusing (and my recommendation is a revision similar to what I provide below).

Reason for confusion: The current documentation can be read to indicate that the IANA language subtag registry is used with the xml:lang attribute. This is really a mischaracterization of the XML/w3c specification. The w3c XML specification specifically states to use BCP-47 valid tags which provides a whole host of other valid tags than just the tags found in the IANA language subtag registry. Rather than pointing MODS users directly to the IANA registry, the more useful thing would be to point them to the BCP-47 documentation. It is not until one reads the BCP-47 documentation that one finds that the IANA language subtag registry is a valid option for use, but more importantly BCP-47 explains how to use the IANA language subtag registry in a valid way. BCP-47 also explains how to use the other components of the BCP-47 recommendation which may be beneficial to understanding some of the tags in the IANA language subtag registry.

Link to BCP-47: https://www.rfc-editor.org/info/bcp47

Suggested rewording: @xml:lang serves the same purpose as @lang, but follows the W3C documentation that requires using IETF BCP-47 compliant language tags. IETF BCP-47 provides instruction on how to construct valid tags for this field. BCP-47 draws upon ISO 639-1, ISO 639-2, ISO 639-3, ISO 639-5, ISO 3166-1, UN M.49, ISO 15924, and IANA language subtag registry.

Then in another section:

Page: https://loc.gov/standards/mods/userguide/language.html#languageterm
In the below replicated example found on the page linked to above, there is a logical error, rendering the example invalid. Providing invalid examples (with out marking them) in educational materials is problematic.
RFC5646 is the current instantiation of BCP-47. BCP-47 is the stable identifier, while the underlying RFC documents can change. Currently BCP-47 and RFC5646 are mostly the same thing, and for the purpose of this post are the same thing. So, in the below example the data provider is saying that they are providing a valid RFC5646 language tag. However, "i-navajo" is not a valid tag. It is not that it can't be found in the IANA subtag registry, rather it is that the subtag registry says that the value has been deprecated in favor of the ISO 639-1 value "nv". Therefore, the RFC5646 valid code for Navajo is "nv". Supporting documentation is provided below. I can also be available for further consultation to the MODS editors. I sit on the IANA mailing list, and am one of the US appointed observers to the ISO 639 workgroup.

Supporting document 1: https://www.iana.org/assignments/lang-tag-apps/i-navajo
Supporting document 2: https://www.iana.org/assignments/language-subtag-registry/language-subtag-registry

This resource contains text in Navajo:

< language >
< languageTerm type="code" authority="rfc5646">i-navajo< / languageTerm>
< / language>

MIT-Harvard Model Open Access Policy

This afternoon I had a consultation with a UO librarian and the issue of Open Access Policy and Ownership came up. This librarian was very helpful in pointing me to some of the discussion terms for Copyright Policy and Open Access Policy. They pointed me to https://openaccess.uoregon.edu/ as well as to something called the "MIT-Harvard Model Open Access Policy". The UO model is the inverse of the MIT Policy in some regards. I take note of this with interest as as I was part of SIL's Copyright Policy Committee...

Tuition costs for undergraduates at WOU and UO

This week I was looking at undergraduate tuition rates at Western Oregon University and the University of Oregon. Finding these resources was a challenge, either UO hides the information, or they have really bad SEO.

UO WOU
Resident $236.34 $194.00
Nonresident $565.61 $638.00
Tuition costs for one credit hour. Sources: WOU | UO