Fair Use Challenges in Academic and Research Libraries

Summarizes findings from a survey of librarians on the application of fair use in copyright practice to fulfill libraries' missions of teaching and learning support, scholarship support preservation, exhibition, and public outreach

Disseminated cutaneous gout: a rare manifestation of a common disease

Disseminated cutaneous gout is a rare atypical cutaneous manifestation of gout in which widespread dermal and subcutaneous tophi develop at extra-articular body sites. Given the lack of joint involvement that is typically a feature in tophaceous gout, the diagnosis may not be initially suspected. We present the case of a 50-year-old Hispanic man with poorly controlled gout who was evaluated for several years of firm papulonodules over the trunk and upper and lower extremities, sparing the joints; histopathology confirmed, the diagnosis of disseminated cutaneous gout. Per our literature review, disseminated cutaneous gout presents with polymorphous papules and nodules that can mimic other, more common cutaneous diseases. There is a preponderance of cases in males, Asians, and patients with longstanding gout. The lower extremities are involved in nearly all reports. Uric acid-lowering therapy with allopurinol has been reported to decrease the size and number of lesions in a minority of treated patients

The Law and Accessible Texts: Reconciling Civil Rights and Copyrights

Executive Summary Institutions of higher education (IHEs—colleges, community colleges, and universities) have a mission to provide all students, including those with disabilities (a physical or mental impairment that substantially limits one or more major life activities), with opportunities for a rich, deep, and equitable learning experience, and to provide all researchers with access to a comprehensive and varied collection of information resources to support their work. Several disability rights laws create obligations for IHEs to ensure that students and researchers with disabilities have access to resources, including texts, at a level that is as close as reasonably possible to the level of access provided to those without disabilities. Enforcement actions can be brought by federal government agencies (the civil rights division of the Department of Education, for example) or by private citizens, and the result of these actions has typically been that IHEs are compelled to improve levels of access, including by incorporating new technology, creating new staff positions, and implementing new policies. For years, disability services offices (DSOs—the office or department at an IHE tasked with supporting the needs of users with disabilities) and others involved in fulfilling the requirements of disability rights laws have viewed copyright (the body of law that governs copying, adaptation, distribution, and certain other uses of works of creative expression) as an impediment to their work. They have been uncertain about what is permitted, and have constrained their activities in support of civil rights out of fear of violating copyrights. The tension has dramatically curtailed their efficiency. This fear is due primarily to a misunderstanding of voluntary arrangements DSOs have with some of the biggest publishers. These arrangements place strict constraints on DSOs’ use and reuse of accessible texts, based on the publishers’ view of their commercial interests, not on the law. Some publishers have also included misleading warnings on accessible texts they provide to DSOs. The Law and Accessible Texts: Reconciling Civil Rights and Copyrights 7 In reality, even in the absence of such voluntary arrangements, copyright law provides IHEs with broad, clear authority to create accessible copies of in-copyright works (i.e., to “remediate” them by converting them into a format that makes it possible for users with disabilities to acquire the same information, have the same interactions, and otherwise derive the same benefits as other users), to distribute accessible texts to qualified users, and to retain and share remediated texts in secure repositories for use in serving future qualifying requests. The key provisions in U.S. copyright law that make this possible are Section 121, also known as the Chafee Amendment, and Section 107, the fair use doctrine. Section 121 is a specific but broad exception permitting authorized entities to make copyrighted works available to the print-disabled in accessible formats without permission from the copyright holder. Section 107 is the general right to use copyrighted works without permission when a set of flexible, equitable factors weigh in favor of the use. A landmark case, Authors Guild v. HathiTrust, has established that fair use authorizes IHEs to create and manage repositories of digital texts in support of accessibility, among other legitimate uses. Together, these two rights enacted by Congress permit each step in a workflow that starts with a request from a student or researcher with a disability, involves remediation and delivery of an accessible version to the requestor, and culminates with deposit of the remediated version in a secure repository for appropriate future use (including future remediation) in the service of other requestors. Along the way, copyright law provides some guidance as to how exactly each step might be conducted, but leaves IHEs with discretion to design their systems in consideration of values and priorities both intrinsic and extrinsic to copyright. In addition to copyright, IHEs working together to provide accessible texts to qualified users should consider a range of values and priorities as they decide whether and how to take advantage of their rights. These include their own missions, the privacy and autonomy of those they serve, and the plausible risks (if any) associated with increasing access to information Conclusion In 2016, Stevie Wonder addressed the United Nations, urging member states to ratify the Marrakesh Treaty. He told the assembly, “This is a truly life changing opportunity. It opens the door to the world’s knowledge to the visually impaired people.”89 Indeed, the U.S. ratification of the Marrakesh Treaty is the culmination of a series of developments in U.S. law favoring access to knowledge regardless of ability, from the Rehabilitation Act to the codification of the fair use doctrine in the 1976 Copyright Act, to the passage of the Chafee Amendment and the courts’ decisions in the HathiTrust case. Collectively, these measures create a framework that IHEs and their allies and affiliated entities can leverage to increase access and vastly improve education and research for all. They ensure that institutions with an obligation and a mission to pursue justice also have the right to do so. Perhaps the most striking takeaway from this survey has been the extent to which copyright defers to accessibility, not the other way around. What has emerged is a hierarchy of legal interests, arrayed under the general heading of the First Amendment and its protection for expression and access to information. Contrary to what some have assumed in the past, the first priority under that heading is accessibility, which consistently trumps the exclusive rights granted by copyright when the two come into conflict. This priority is built into the copyright law itself, through both its general fair use right and its specific provisions favoring accessibility. The effort involved in ending the book famine for thousands of students and researchers will be substantial, and there will surely be challenges along the way, but copyright law should not be one of them

Nitric Oxide-Releasing Nanoparticles Prevent Propionibacterium acnes-Induced Inflammation by Both Clearing the Organism and Inhibiting Microbial Stimulation of the Innate Immune Response.

Propionibacterium acnes induction of IL-1 cytokines through the NLRP3 (NLR, nucleotide oligomerization domain-like receptor) inflammasome was recently highlighted as a dominant etiological factor for acne vulgaris. Therefore, therapeutics targeting both the stimulus and the cascade would be ideal. Nitric oxide (NO), a potent biological messenger, has documented broad-spectrum antimicrobial and immunomodulatory properties. To harness these characteristics to target acne, we used an established nanotechnology capable of generating/releasing NO over time (NO-np). P. acnes was found to be highly sensitive to all concentrations of NO-np tested, although human keratinocyte, monocyte, and embryonic zebra fish assays revealed no cytotoxicity. NO-np significantly suppressed IL-1β, tumor necrosis factor-α (TNF-α), IL-8, and IL-6 from human monocytes, and IL-8 and IL-6 from human keratinocytes, respectively. Importantly, silencing of NLRP3 expression by small interfering RNA did not limit NO-np inhibition of IL-1 β secretion from monocytes, and neither TNF-α nor IL-6 secretion, nor inhibition by NO-np was found to be dependent on this pathway. The observed mechanism by which NO-np impacts IL-1β secretion was through inhibition of caspase-1 and IL-1β gene expression. Together, these data suggest that NO-np can effectively prevent P. acnes-induced inflammation by both clearing the organism and inhibiting microbial stimulation of the innate immune response

Signaling by AWC Olfactory Neurons Is Necessary for Caenorhabditis elegans' Response to Prenol, an Odor Associated with Nematode-Infected Insects

Chemosensation plays a role in the behaviors and life cycles of numerous organisms, including nematodes. Many guilds of nematodes exist, ranging from the free-living Caenorhabditis elegans to various parasitic species such as entomopathogenic nematodes (EPNs), which are parasites of insects. Despite ecological differences, previous research has shown that both EPNs and C. elegans respond to prenol (3-methyl-2-buten-1-ol), an odor associated with EPN infections. However, it is unclear how C. elegans responds to prenol. By utilizing natural variation and genetic neuron ablation to investigate the response of C. elegans to prenol, we found that the AWC neurons are involved in the detection of prenol and that several genes (including dcap-1, dcap-2, and clec-39) influence response to this odorant. Furthermore, we identified that the response to prenol is mediated by the canonically proposed pathway required for other AWC-sensed attractants. However, upon testing genetically diverse isolates, we found that the response of some strains to prenol differed from their response to isoamyl alcohol, suggesting that the pathways mediating response to these two odorants may be genetically distinct. Further, evaluations leveraging natural variation and genome wide association revealed specific genes that influence nematode behavior and provide a foundation for future studies to better understand the role of prenol in nematode behavioral ecology