Wrapping up our NEH-funded project to help text and data mining researchers navigate cross-border legal and ethical issues

Black and white photograph with grass and concrete with the word "finish" painted on the concrete in large capitalized letters.
Image via rawpixel, public domain

In August 2022, the UC Berkeley Library and Internet Archive were awarded a grant from the National Endowment for the Humanities (NEH) to study legal and ethical issues in cross-border text and data mining (TDM).

The project, entitled Legal Literacies for Text Data Mining – Cross-Border (“LLTDM-X”), supported research and analysis to address law and policy issues faced by U.S. digital humanities practitioners whose text data mining research and practice intersects with foreign-held or -licensed content, or involves international research collaborations.

LLTDM-X is now complete, resulting in the publication of an instructive case study for researchers and white paper. Both resources are explained in greater detail below.

Project Origins

LLTDM-X built upon the previous NEH-sponsored institute, Building Legal Literacies for Text Data Mining. That institute provided training, guidance, and strategies to digital humanities TDM researchers on navigating legal literacies for text data mining (including copyright, contracts, privacy, and ethics) within a U.S. context.

A common challenge highlighted during the institute was the fact that TDM practitioners encounter expanding and increasingly complex cross-border legal problems. These include situations in which: (i) the materials they want to mine are housed in a foreign jurisdiction, or are otherwise subject to foreign database licensing or laws; (ii) the human subjects they are studying or who created the underlying content reside in another country; or, (iii) the colleagues with whom they are collaborating reside abroad, yielding uncertainty about which country’s laws, agreements, and policies apply.

Project design

We designed LLTDM-X to identify and better understand the cross-border issues that digital humanities TDM practitioners face, with the aim of using these issues to inform prospective research and education. Secondarily, we hoped that LLTDM-X would also suggest preliminary guidance to include in future educational materials. In early 2023, we hosted a series of three online round tables with U.S.-based cross-border TDM practitioners and law and ethics experts from six countries. 

The round table conversations were structured to illustrate the empirical issues that researchers face, and also for the practitioners to benefit from preliminary advice on legal and ethical challenges. Upon the completion of the round tables, the LLTDM-X project team created a hypothetical case study that (i) reflects the observed cross-border LLTDM issues and (ii) contains preliminary analysis to facilitate the development of future instructional materials.

We also charged the experts with providing responsive and tailored written feedback to the practitioners about how they might address specific cross-border issues relevant to each of their projects.

Guidance & Analysis

Case Study

Extrapolating from the issues analyzed in the round tables, the practitioners’ statements, and the experts’ written analyses, the Project Team developed a hypothetical case study reflective of “typical” cross-border LLTDM issues that U.S.-based practitioners encounter. The case study provides basic guidance to support U.S. researchers in navigating cross-border TDM issues, while also highlighting questions that would benefit from further research. 

The case study examines cross-border copyright, contracts, and privacy & ethics variables across two distinct paradigms: first, a situation where U.S.-based researchers perform all TDM acts in the U.S., and second, a situation where U.S.-based researchers engage with collaborators abroad, or otherwise perform TDM acts in both U.S. and abroad.

White Paper

The LLTDM-X white paper provides a comprehensive description of the project, including origins and goals, contributors, activities, and outcomes. Of particular note are several project takeaways and recommendations, which we hope will help inform future research and action to support cross-border text data mining. Our project takeaways touched on seven key themes: 

  1. Uncertainty about cross-border LLTDM issues indeed hinders U.S. TDM researchers, confirming the need for education about cross-border legal issues; 
  2. The expansion of education regarding U.S. LLTDM literacies remains essential, and should continue in parallel to cross-border education; 
  3. Disparities in national copyright, contracts, and privacy laws may incentivize TDM researcher “forum shopping” and exacerbate research bias;
  4. License agreements (and the concept of “contractual override”) often dominate the overall analysis of cross-border TDM permissibility;
  5. Emerging lawsuits about generative artificial intelligence may impact future understanding of fair use and other research exceptions; 
  6. Research is needed into issues of foreign jurisdiction, likelihood of lawsuits in foreign countries, and likelihood of enforcement of foreign judgments in the U.S. However, the overall “risk” of proceeding with cross-border TDM research may remain difficult to quantify; and
  7. Institutional review boards (IRBs) have an opportunity to explore a new role or build partnerships to support researchers engaged in cross-border TDM.

Gratitude & Next Steps

Thank you to the practitioners, experts, project team, and generous funding of the National Endowment for the Humanities for making this project a success. 

We aim to broadly share our project outputs to continue helping U.S.-based TDM researchers navigate cross-border LLTDM hurdles. We will continue to speak publicly to educate researchers and the TDM community regarding project takeaways, and to advocate for legal and ethical experts to undertake the essential research questions and begin developing much-needed educational materials. And, we will continue to encourage the integration of LLTDM literacies into digital humanities curricula, to facilitate both domestic and cross-border TDM research.

[Note: this content is cross-posted on the LLTDM blog.]


New Publication by Faculty Lisa Pieraccini

 Etruria and Anatolia : material connections and artistic exchange

Lisa Pieraccini, Lecturer of First Millennium BCE Italy, Reception, Collecting, has published a new book, available from the UC Berkeley Library. It is also available as an e-book. 

From the publisher’s website:

Striking similarities in Etruscan and Anatolian material culture reveal various forms of contact and exchange between these regions on opposite sides of the Mediterranean. This is the first comprehensive investigation of these connections, approaching both cultures as agents of artistic exchange rather than as side characters in a Greek-focused narrative. It synthesizes a wide range of material evidence from c. 800 – 300 BCE, from tomb architecture and furniture to painted vases, terracotta reliefs, and magic amulets. By identifying shared practices, common visual language, and movements of objects and artisans (from both east to west and west to east), it illuminates many varied threads of the interconnected ancient Mediterranean fabric. Rather than trying to account for the similarities with any one, overarching theory, this volume presents multiple, simultaneous modes and implications of connectivity while also recognizing the distinct local identities expressed through shared artistic and cultural traditions.


Townsend Berkeley Books Chat with Margaretta Lovell

Painting the Inhabited Landscape: Fitz H. Lane and the Global Reach of Antebellum America

with Margaretta Lovell
Wednesday, Oct 4, 2023 12:00 pm – 1:00 pm
For more information, see the Townsend website
lovell

The impulse in much nineteenth-century American painting and culture was to describe nature as a wilderness on which the young nation might freely inscribe its future: the United States as a virgin land, unploughed, unfenced, and unpainted. Insofar as it exhibited evidence of a past, its traces pointed to a geologic or cosmic past, not a human one.

The work of the New England artist Fitz H. Lane, however, was decidedly different. In Painting the Inhabited Landscape (Penn State, 2023), Margaretta Lovell (History of Art) singles out the modestly scaled, explicitly inhabited landscapes of Fitz H. Lane and investigates the patrons who supported his career, with an eye to understanding how New Englanders thought about their land, their economy, their history, and their links with widely disparate global communities.

Lane’s works depict nature as productive and allied in partnership with humans to create a sustainable, balanced political economy. What emerges from this close look at Lane’s New England is a picture not of a “virgin wilderness” but of a land deeply resonant with its former uses — and a human history that incorporates, rather than excludes, Native Americans as shapers of land and as agents in that history.

Calling attention to unexplored dimensions of nineteenth-century painting, Painting the Inhabited Landscape is a major intervention in the scholarship on American art of the period, examining how that body of work commented on American culture and informs our understanding of canon formation.

Lovell is joined by David Henkin (History). After a brief discussion, they respond to questions from the audience.

Registration Requested


Robert H. Merriman Plaque online kick-off event 10/3/23

photo
Dr. Mark Strauss and Robert Merriman at the Estado Mayor of the Brigade at the Fuentes de Ebro, probably on October 12, 1937. ALBA Photo 11-0766 Tamiment Library, New York University.

Please join us in celebrating the memory of the UC Berkeley graduate student in economics, who gave his life fighting fascism in Spain as a member of the Abraham Lincoln Brigade.

Remembering Robert H. Merriman (1908-1938):
From Berkeley to the Trenches of the Spanish Civil War

Tuesday, October 3, 2023

6:00 PM – 7:00 PM Pacific (PST)

Online event (registration required)

Robert Hale Merriman (1908-1938) was a UC Berkeley graduate student in economics and native Californian, who was among the first of some 2,800 American men and women to join the International Brigades to fight for democracy during the Spanish Civil War (1936–39). This diverse and racially integrated group of volunteers formed the unit known today as the Abraham Lincoln Brigade, in which Merriman was quickly promoted to major, becoming one of the highest-ranking Americans in the conflict. He went missing in action on April 2, 1938, near the Ebro River in the province of Tarragona.

The University of Barcelona’s DIDPATRI research group has offered UCB a second casting of the commemorative  plaque that stands today in the village where it is believed that Merriman was held and then executed by the fascists. We are launching a fundraiser to cover the costs of its installation at the center of campus near Memorial Glade, which honors UC Berkeley veterans of World War II.

This memorial will contribute to the educational mission of the University as a readily accessible stop for campus tours, as well as a relatable point of reference for interdisciplinary classes touching on twentieth century history. Its location near The Bancroft Library, where the Bay Area Veterans of the Abraham Lincoln Brigade Post Records are archived, will also call attention to the research opportunities available there. These records were donated by Merriman’s widow, Marion Merriman Wachtel, who accompanied him in Spain where she was also a member of the Abraham Lincoln Brigade.

photo of plaque

Project sponsored by the Department of Spanish & Portuguese at UC Berkeley.

For more information or to make a donation, please visit ucblib.link/robert-merriman.


Primary Sources: The Atlantic Magazine Archive

Atlantic magazine cover with angry face drawing and words "why are we so angry?"Through the California Digital Library, the Library has access to the Atlantic Magazine Archive that includes the years 1857-2014.

The Atlantic was originally created with a focus on publishing leading writers’ commentary on abolition, education and other major issues in contemporary political affairs at the time. Over its more than 150 years of publication it has featured articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, science and more.

Some of the founding sponsors of the magazine include prominent writers such as Ralph Waldo Emerson, Oliver Wendell Holmes, Sr., Henry Wadsworth Longfellow, Harriet Beecher Stowe and John Greenleaf Whittier.


Primary Sources: International Herald Tribune Archive, 1887-2013

The Library now has access to the The International Herald Tribune Historical Archive (1887-2013), which features the complete run of the International Herald Tribune from its origins as the European Edition of The New York Herald and later the European Edition of the New York Herald Tribune. The archive ends with the last issue of the International Herald Tribune before its relaunch as the International New York Times.


Primary Sources: Women’s Studies Archive

Through the California Digital Library, our Library has access to three modules of Gale’s Women’s Studies Archive.

cover of magazine showing women protesting vietnam warWomen’s Studies Archive: Women’s Issues and Identities  provides the opportunity to witness history from the female perspective. Offering coverage of the nineteenth and twentieth centuries, the digital archive allows for the serendipitous discovery of commonalities among a variety of archival collections. Global in scope, it presents materials covering the social, political, and professional aspects of women’s lives and offers a look at the roles, experiences, and achievements of women in society. A wide range of primary sources provide a close look at some of the pioneers of women’s history, a deep dive into the issues that have affected women, and the many contributions they have made to society. Within the archive can be found historical records from Europe, North and South America, Africa, India, East Asia, and the Pacific Rim with content in English, French, German, and Dutch.

drawing of women surrounded by words comision femenil mexicanaWomen’s Studies Archive: Voice and Vision  explores critical areas of study including the abolition of slavery, alcohol and temperance movements, pacifism and political activism, domestic service, education, health and hygiene, divorce and social reform, and much more. A vast range of primary sources from 1780 to 2000 span multiple geographic regions, providing an abundance of perspectives on women’s experiences and impact on society around the world.

Cover of book: Memoirs of Mary A. MaverickWomen’s Studies Archive: Rare Titles from the American Antiquarian Society (1820-1922) covers the nineteenth and twentieth centuries across multiple disciplines, including literature studies, women’s history, gender studies, cultural studies, critical theory analysis, American history, media and journalism, politics, and sociology.

 


Primary Sources: China and the Modern World: Missionary, Sinology, & Literary Publications

chinese characters on magazine pageChina and the Modern World: Missionary, Sinology, and Literary Periodicals, 1817–1949 is a collection of seventeen English-language periodicals published in or about China during a period of over 130 years extending from 1817 until 1949, when the People’s Republic of China was founded. This corresponds to the periods of the late Qing Dynasty and the Republican Era (1911-1949), when China experienced radical and often traumatic transformations from an inward-looking imperial dynasty into a globally engaged republic with modern approaches to politics, literature, education, public morality, and intellectual life.

Periodicals included in the collection:

  1. The Chinese Recorder (教務雜誌, 1867–1941) was produced by the Protestant missionary community in China that enjoyed a run of 72 years, longer than any other English-language publication in that country. The complete set of the journal, along with its predecessor, the Missionary Recorder, is available in this collection. The journal is regarded today as one of the most valuable sources for studying the missionary movement in China and its influence on Western relations with and perceptions of the Far East.
  2. West China Missionary News (華西教會新聞, 1899–1943) was established and published in Sichuan, China by the West China Missionary News Publication Committee. The journal aimed to enhance communication among missionaries based in western China and published many articles on the missionary activities in the region.
  3. The China Mission / Christian Year Book (中國基督教年鑑, 1910–1939) was published under an arrangement between the Christian Literature Society for China and the National Christian Council of China. It started in 1910 as The China Mission Year Book and changed its title to The China Christian Year Book in 1926. This digital version also includes The China Mission Hand-book (1896) and A Century of Protestant Missions in China (1807–1907).
  4. Educational Review: continuing the monthly bulletin of the Educational Association of China (教育季報, 1907–1938) was the official journal of the Educational Association of China which later changed its name to China Christian Educational Association. Founded in Shanghai in 1907, it was published first as a monthly during 1907–1912 and then as a quarterly during 1913–1938. The journal publishes minutes of the meetings of the Association and reports of affiliated local associations. There were also articles covering Christian colleges and universities founded across China.
  5. The Canton Miscellany (廣州雜誌, 1831) was a literary journal published in Guangzhou (Canton) between May and December 1831. Anonymously edited, it targets the well-educated English elite. The last two issues contain lengthy articles on the history of Macau, the first ever to be written in English.
  6. Chinese Miscellany (中國雜誌, 1845–1850) was founded by Walter Henry Medhurst (1796–1857), an English Congregationalist missionary to China. The journal consists of four volumes, introducing China’s silk and tea industry, geography, manufacturing, trade, and customs.
  7. The Chinese and Japanese Repository of Facts and Events in Science, History, and Art, Relating to Eastern Asia (中日叢報, 1863–1865) was edited by James Summers (1828–1891), a professor of Chinese language of the University of London. The journal documents China and Japan’s often violent reactions to the presence of foreigners from a Western perspective.
  8. Notes and Queries: on China and Japan (中日釋疑, 1867–1869) was one of the earliest sinology journals. Edited by Nicholas Belfield Dennys (1840–1900) and published in Hong Kong, it focuses on topics such as Chinese history and culture. Japan and Korea are also covered.
  9. The China Review: or Notes and Queries on the Far East (中國評論, 1872–1901) was arguably the first major Western sinology journal; many of the renowned sinologists of the nineteenth century contributed articles, including James Legge, Herbert A. Giles, Joseph Edkins, John Chalmers, Ernst Faber, Edward L. Oxenham, W. F. Mayers, Alexander Wylie, Edward Harper Parker, and Frederic Henry Balfour.
  10. The New China Review (新中國評論, 1919–1922) was established by British sinologist Samuel Couling in Shanghai in 1919, aiming to inherit the mantle of The China Review, which was discontinued in 1901. Contributors to its four volumes include such prominent sinologists as Herbert A. Giles and Edward H. Parker.
  11. The Indo-Chinese Gleaner (印中搜聞, 1817–1822) was a quarterly journal founded by Robert Morrison (1782–1834) and William Milne (1785–1822) in Malacca in 1817. This periodical covered missionary activities, reported on the social, political, religious, military, economic, and cultural affairs of China and other Asian countries, and introduced the literature, philosophy, and history of Asian countries, especially those of China and Southeast Asia.
  12. Bulletin of the Catholic University of Peking (輔仁英文學志, 1926–1934) was founded in September 1926 and published a total of nine volumes. Each volume contains articles on the university’s developments and achievements, as well as sections devoted to the study of Chinese culture. It ceased publication in November 1934 and gave way to a purely academic journal titled Monumenta Serica.
  13. The Yenching Journal of Social Studies (燕京社會學界, 1938–1950) was founded in June 1938 and published semi-annually. This journal, which ceased publication in 1950 after releasing the first part of Volume five, provides significant research materials on the history of social studies in China during the Republican period (1911–1949).
  14. The China Quarterly (英文中國季刊, 1935–1941), founded and run jointly by the China Institute of International Relations, the Pan-Pacific Association of China, and the Institute of Social and Economic Research, was an authoritative journal discussing topics on China’s internal and external affairs. The journal had a stellar editorial and contributor team, including such prominent scholars as Tsai Yuan-pei (蔡元培), Chungshu Kwei (桂中樞), Wu Lien-teh (伍連德), John Benjamin Powell, Hollington Tong (董顕光), and Lin Yu-tang (林語堂).
  15. T’ien Hsia Monthly (天下月刊, 1935–1941) was published under the auspices of the Sun Yat-sen Institute for the Advancement of Culture and Education. Editors included John C. H. Wu, Wen Yuan-ning, Lin Yu-tang, and others. This cultural and literary journal was dedicated to introducing and interpreting Chinese literature and art for the West and promoting understanding between East and West.
  16. The China Critic (中國評論週報, 1928–1946) was a weekly founded on 31 May 1928 by a group of Chinese intellectuals who had studied in the United States. Despite the editors’ avowed preference for “nonpolitical” discourse, The Critic’s editorials and articles frequently discussed the presence of imperialism in Shanghai, debated the abolition of extraterritoriality, and advocated equal access to public facilities in the concessions. The editors also participated in wider-ranging discussions about urban affairs.
  17. The China Year Book (中華年鑑, 1912–1939) was edited by British journalist and publisher H.G.W. Woodhead (1883–1959) with H.T.M. Bell to provide information on China for Westerners. It was published from 1912 to 1939, incorporating documents related to each year’s events in China. Woodhead was the editor of the Peking and Tientsin Times from 1914 to 1930 before moving to Shanghai to write for the Shanghai Evening Post and Mercury and later edit his own journal, Oriental Affairs.

 


Celebrate print and more this Bibliodiversity Day!

two books

Bibliodiversity Day was created in 2010 by Latin American publisher members of the International Alliance of Independent Publishers, a professional collective that brings together more than 800 independent publishing houses from over 55 countries around the world.

Since then, the event has taken place every year, especially in Latin America where the term “bibliodiversidad” was first coined. On September 21, the first day of spring for the southern hemisphere, publishers, booksellers, book professionals and readers are invited to celebrate independent publishing and bibliodiversity.

Bibliodiversity is the response to the huge imbalance in the publishing market, where commercial logic vastly prevails over intellectual adventurousness, characteristic of small, independent, or unconventional publishers. For academic libraries, the imbalance between commercial and independent publishers is further exacerbated by institutional preferences for digital over print. Faced with the continued prevalence of print publishing in most regions of the world (including Europe), the spectrum of viewpoints collected and preserved by academic libraries risks becoming impoverished without the conscious intervention of librarians and book dealers in charge of such curatorial decisions.

With that here are a few recent acquisitions to showcase from the Romance languages collection on this day of bibliodiversity:

Atzeni, Paola. Corpi, gesti, stili : saper fare e saper vivere di donne eccellenti nella Sardegna rurale. Nuoro: Illisso, 2022.

Ayroles, François. En terrasse. Paris: L’Association, 2019.

Bekri, Tahar. Chants pour la Tunisie. Neuilly-sur-Seine: Al Manar, 2023.

Cruanyes Plana, Toni. La Vall de la Llum. Barcelona: Destino, 2022.

Dumas, Catherine. Salette Tavares, Obra Poética 1957-1992. Imprensa Nacional-Casa da Moeda, 2022.

Hernando, Almudena. La corriente de la historia : (y la contradicción de lo que somos). Primera edición. Madrid: Traficantes de sueños, 2022.

Junyent, M. Carme. El futur del català depèn de tu. Barcelona: La Campana, 2022.

Kanapé Fontaine, Natasha. Nauetakuan. [New edition]. La Roche-sur-Yon: Dépaysage, 2023.

Sánchez Soler, Mariano. Una hojarasca de cadáveres : crónica criminal de la España posfranquista. Primera edición. Barcelona: Alrevés, 2023.

Lugassy, Maurice. Les Justes en Occitanie : cette page de lumière dans la nuit de la Shoah. Toulouse: Privat, 2023.

Mak-Bouchard, Olivier. La ballade du feu. Paris: Le Tripode, 2023.

María, Daniel. Bisutería auténtica. Barcelona: Egales, 2023.

Migneco, Giulia. Donne e antimafia. Ed. Valeria Scafetta. Padua: BeccoGiallo, 2022.

Ondjaki. Vou mudar a cozinha : contos. 1a edição. Alfragide – Portugal: Caminho, 2022.

El Moumni, Salma. Adieu Tanger : roman. Paris: Bernard Grasset, 2023.

Previtali, Enrico, Elena Ravera, and Stefano Rozzoni, eds. “Nuovi fascismi e nuove resistenze : percorsi e prospettive nella cultura contemporanea.” Ospedaletto (Pisa): Pacini editore, 2022.

Scotti Morgana, Silvia, ed. La letteratura dialettale milanese : autori e testi. Roma: Salerno editrice, 2022.

Sonko, Seynabou. Djinns : roman. Paris: Bernard Grasset, 2023.

 

And remember, new acquisitions lists are running again for print titles in French, Italian, and Iberian Studies. Check them out!


New Publication by Faculty Margaretta Lovell

Painting the Inhabited Landscape by Margaretta Lovell
Margaretta Lovell, Professor of American Art and Architecture, has a new book published, available in the UC Berkeley Library.  There will be a Berkeley Book Chat with Margaretta Lovell, joined by David Henkin, Wednesday, October 4th from 12:00 to 1:00pm in 220 Stephens Hall.  Registration is requested for attendance.
“Painting the Inhabited Landscape is an American art history that in its depth of research and its absolute assurance in method and goals matches or surpasses anything done by any global modernist art historian today. It is a significant contribution to the study of nineteenth-century world history in visual and material studies, and will be of interest to anyone looking at the formation of global modernism, technologies, and capital markets.”—Bruce Robertson, coauthor of Georgia O’Keeffe: Abstraction
“Painting the Inhabited Landscape is by far the most insightful study of Lane and his art to date. Margaretta Lovell’s close examination of Lane’s life, art, and the historical contexts within which he worked represents not only a quantum leap for our understanding of Lane and his world but also a new standard of scholarship for the field of American art.”—Alan Wallach, author of Exhibiting Contradiction: Essays on the Art Museum in the United States