The Journal of Copyright in Education and Librarianship is bi-annually published in the spring and fall. It is a peer-reviewed open-access publication for original articles, reviews and case studies that analyze or describe the strategies, partnerships and impact of copyright law on public, school, academic, and digital libraries, archives, museums, and research institutions and their educational initiatives. //The Journal of Copyright in Education and Librarianship is bi-annually published in the spring and fall. It is a peer-reviewed open-access publication for original articles, reviews and case studies that analyze or describe the strategies, partnerships and impact of copyright law on public, school, academic, and digital libraries, archives, museums, and research institutions and their educational initiatives.This journal provides a focused forum for library practitioners, educators, and attorneys to share ideas, strategies, research and pragmatic explorations of the following:The effects of copyright law on education and librarianship,The application of exemptions to copyright law in libraries and other educational settings, Current litigation and lawmaking efforts, and advocacy on behalf of all users, The practical implications of current and proposed copyright law, both in the United States and internationally, Initiatives to educate campus communities to make good faith copyright decisions and evaluations,The development of copyright policies and best practices to help guide users in the application of copyright law and related intellectual property laws, Practice articles on implementing new services within the framework of the law, Copyright in an increasingly online educational environment, Licensing and the impact of licenses on education and libraries, Pedagogy of teaching about copyright.

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The Globethics.net library contains articles of the Journal of Copyright in Education and Librarianship as of vol. 1(2016) to current.

Recent Submissions

  • Conference Session I: Mitigating Risk at the Front Lines: The Copyright First Responders Program. Presented by Kyle Courtney, Copyright Advisor, the Office for Scholarly Communication, Harvard University.

    Benson, Sara R. (Clemson University Press, 2018-02-26)
    This is a summary of Kyle Courtney's Invited Presentation at the 2017 Kraemer Copyright Conference titled "Mitigating Risk at the Front Lines:  The Copyright First Responders Program."  After reading this article you will better understand the method and purpose of the First Responders Program and, hopefully, like me, you will be ready to volunteer your institution to add to the growing list of libraries engaged in this hub-and-spoke model of copyright information system.
  • Library and Information Science Curriculum in a Changing Professional Landscape: The Case of Copyright Education in the United States

    Kawooya, Dick; Ferullo, Donna; Lipinski, Tomas (Clemson University Press, 2019-07-12)
    Despite the importance placed on copyright and intellectual property literacy by the American Library Association, as evidenced in the accreditation standards, issues pertaining to copyright education remain marginal in the library and information science (LIS) curriculum and research. Today, copyright intersects with every library and information service in any type of information institution, yet few librarians get copyright training as part of the formal LIS curriculum in library schools. Lack of copyright education leaves many librarians unable to properly identify and address copyright issues in the workplace. This paper offers a critical analysis of LIS programs over the past 10–12 years with a specific focus on trends in the teaching of copyright matters. Employing a qualitative methodology with a mixed-method approach, the authors analyzed the syllabi of courses dedicated to copyright and intellectual property offered at select LIS programs. The goal was to understand what the copyright courses cover, how they are taught, instructional sources and resources, and curriculum changes over time, where applicable. Findings show that the few LIS programs offering copyright courses have rigorous and dynamic copyright curriculum that constantly changes with the evolving copyright environment. The main takeaway and recommendation is that some kind of coordination is needed in the teaching of copyright and that LIS programs may need minimum standards for the core curriculum of copyright courses. The coordinating mechanism will ensure that periodic review of the core curriculum occurs and takes into account the rapid changes in the different library environments where library students work.
  • Copyright Literacy and the Role of Librarians as Educators and Advocates

    Secker, Jane; Morrison, Chris; Nilsson, Inga-Lill (Clemson University Press, 2019-06-22)
    The paper is inspired by the opening panel of the International Federation of Library Associations’ (IFLA) World Library and Information Congress off-site meeting held in Poland in August 2017 on models for copyright education. The panel was made up of researchers from the United Kingdom, Sweden, Turkey, Romania, and Norway and reflected on findings from a multinational study on levels of copyright literacy of librarians and those in the cultural heritage sector (Todorova et al., 2017). The members of the panel considered the rationale for copyright education, why it might be viewed as part of wider information literacy initiatives, and the specific challenges and opportunities that it presents. The paper recognizes the value in national library associations and international organizations such as IFLA and Electronic Information for Libraries (EIFL) taking a lead in promoting copyright education initiatives to strengthen their advocacy role. The paper also argues for a more critical and universal approach to copyright education so that this work is extended beyond the library sector.
  • Copyright Online Mini-Series: A Flipped Learning Approach to Disseminating Copyright Knowledge to Subject Liaison Librarians

    Benson, Sara Rachel (Clemson University Press, 2019-07-09)
    In the digital age copyright literacy is in high demand. The Association of College and Research Libraries included copyright literacy as a core component of information literacy for higher education in its Framework for Information Literacy for Higher Education, which explicitly describes an “information has value” component, including copyright knowledge. However, even at an institution fortunate enough to have a copyright librarian, that one person cannot attend every single information-literacy session on campus that is presented in affiliation with the library. Thus the copyright librarian must form bridges to the rest of campus, and one of the best ways to do so is through collaboration with subject liaison librarians. So far this article has not revealed any groundbreaking revelations—librarians collaborate frequently to make the best use of the talents and resources available to them. What is more novel is the suggestion made herein for copyright librarians to adopt the flipped learning model; in particular, to facilitate liaison sessions.
  • Workshop on Models for Copyright Education in Information Literacy

    Hinchliffe, Lisa Janicke (Clemson University Press, 2019-07-09)
    The Workshop was organized the IFLA Information Literacy Section and the IFLA Copyright and Other Legal Matters Advisory Committee to provide a forum for discussing models for education on copyright, licensing, and related legal matters within the framework of library information literacy programs. With more than 14 countries represented, the papers and discussions were far-ranging and comprehensive, touching on issues of pedagogy, instructional design, learning theory, author rights, copyright limitations and exceptions, applications of the law nationally, international copyright, open access, and education for library and information science practitioners. The papers in this special issue started as presentations at the workshop but were further developed based on feedback and then through peer review before publication.
  • How to Fight Fair Use Fear, Uncertainty, and Doubt: The Experience of One Open Educational Resource

    Weeramuni, Lindsey (Clemson University Press, 2019-03-06)
    At the launch of one of the early online open educational resources (OER) in 2002, the approach to addressing copyright was uncertain. Did the university or the faculty own their material? How would the third-party material be handled? Was all of its use considered fair use under Section 107 of the U.S. Copyright Act (Title 17, United States Code) because of its educational purpose? Or was permission-seeking necessary for this project to succeed and protect the integrity of faculty and university? For many years, this OER was conservative in its approach to third-party material, avoiding making fair use claims on the theory that it was too risky and difficult to prove in the face of an infringement claim. Additionally, being one of the early projects of its kind, there was fear of becoming a target for ambitious copyright holders wanting to make headlines (and perhaps win lawsuits). It was not until 2009 that the Code of Best Practices in Fair Use for OpenCourseWare was written by a community of practitioners who believed that if fair use worked for documentary film makers, video creators, and others (including big media), it worked in open education as well. Once this Code was adopted, universities and institutions were able to offer more rich and complete course content to their users than before. This paper explains how it happened at this early open educational resource offering.
  • Breakout Session: How Networking on Campus Can Increase Copyright Education. Presented by Rebel Cummings-Sauls, Director of Center for the Advancement of the Digital Scholarship (CADS), Kansas State University Library and Rachel Miles, Digital Scholarship Librarian, Kansas State University Library.

    Li, Yuan (Clemson University Press, 2018-02-26)
    As online academic interactions continue to become more complex in the digital age, interaction with online copyrighted content inevitably increases. As a result, university faculty, researchers, students, and staff have a responsibility to understand how to legally reuse content to avoid copyright infringement incidents. However, campus community members are often unaware of how copyright pertains to their online activities and the potential risks involved in their misuse. The session presented by librarians Rachel Miles and Rebel Cummings-Sauls discussed their networking and collaboration efforts on campus to extend copyright education to a wider community at Kansas State University, including outreach, education, and consultation from the Center for the Advancement of the Digital Scholarship (CADS). During the session, a hands-on practice was also provided for audiences to identify the common partners on campus and to create partner webs for their own institutions.
  • More than a House of Cards: Developing a Firm Foundation for Streaming Media and Consumer-Licensed Content in the Library

    Cross, William (Clemson University Press, 2016-09-12)
    This article will introduce traditional library practice for licensing multimedia content and discuss the way that consumer-licensing and streaming services disrupt that practice. Sections II and III describe the statutory copyright regime designed by Congress to facilitate the socially-valuable work done by libraries and the impact of the move from ownership to licensed content. Collecting multimedia materials has always presented special legal challenges for libraries, particularly as licensed content has replaced the traditional practice of purchasing and circulation based on the first sale doctrine. These issues have grown even more complex as streaming services like Netflix and Amazon and video game downloads through services like Steam have come to dominate the landscape. Section IV will describe the way that consumer-licensed materials, which not only remove the ownership that undergirds library practice, but also the ability to negotiate for library use, imperil the congressionally-designed balance. Section V will present a path forward for libraries to develop robust, cutting-edge collections that reflect a sophisticated understanding of the contractual and copyright issues at play.
  • Managing an Open Access Fund: Tips from the Trenches and Questions for the Future

    Zuniga, Heidi; Hoffecker, Lilian (Clemson University Press, 2016-09-12)
    The authors describe the process and results of an ongoing Open Access Fund program at the Health Sciences Library of the University of Colorado Anschutz Medical Campus.  The fund has helped students and other early career researchers pay for the article processing charge or APC to publish their articles in an OA journal since 2013.  In the three years since, the fund has paid the APC for 39 applicants with a total expenditure of $37,576.  Most applicants were students as intended, however the fund supported a surprisingly large number of medical residents and junior faculty.  Individuals associated with the School of Medicine overwhelmingly represented the awardees compared to other units, and the Public Library of Science (PLoS) journals were the most common journal they published in.  While acknowledging the undeniable benefit of the fund to the awardees, the authors also pose challenging questions about the future role of libraries in subsidizing open access journals.
  • In Depth: Interactive Copyright Education for 3D Objects

    Thomas, Camille (Clemson University Press, 2018-03-08)
    The growth of makerspaces and 3D services in libraries means new opportunities to utilize library expertise, partnerships, and exemptions to inform patrons about copyright in creative environments. Wide access to 3D printing, trademarks, and patents are relevant topics, but this paper only focuses on copyright. Little to no literature has been produced about how to educate makers about copyright for 3D objects. This paper will present a framework to encourage creators of 3D objects to analyze and interpret copyright information for their own purposes. It also discusses the process of designing and embedding learning tools into the database for SHAPES, a project for inter-library loans of 3D renderings. NOTE: New information about the methods and progress of this project has been added since the Kraemer Copyright Conference.
  • Decoding Academic Fair Use: Transformative Use and the Fair Use Doctrine in Scholarship

    Bunker, Matthew D. (Clemson University Press, 2019-02-25)
    Fair use in copyright law is an enormously complex legal doctrine.  Although much scholarly attention has been paid to fair use in the context of teaching -- particularly in on-line education -- relatively little research exists on the problem of fair use in scholarship. This article analyzes reported federal cases on fair use in scholarly contexts, with a particular emphasis on the transformative use doctrine that has become enormously influential in fair use determinations. The article explores insights from this body of case law that may assist future scholars wishing to fairly use copyrighted expression in their scholarship.
  • Breakout Session: Fight for Your Right to Copy: How One Library Acquired the Copyright Permissions Service and Reduced Students’ Costs. Presented by Emily Riha, Copyright Permissions Coordinator, University of Minnesota.

    Strittmatter, Connie (Clemson University Press, 2018-02-26)
    Emily Riha, Copyright Permissions Coordinator at the University of Minnesota, presented at the 2017 Kraemer Copyright Conference her experience when the process of securing copyright permissions moved from Printing Services to the University Libraries.
  • The 2017 Kraemer Copyright Conference Proceedings: An Introduction

    Myers, Carla S. (Clemson University Press, 2018-02-26)
    An Editorial introduction to the proceedings from the 2017 Kraemer Copyright Conference.
  • Principles of the JCEL Publication Agreement: Stakeholders, Copyright, and Policy Positions

    Crews, Kenneth D. (Clemson University Press, 2016-09-12)
    Every academic, scholarly, or professional journal should have a publication agreement for contributing authors to sign – but only if the agreement is good.  A well-considered agreement is a chance to create an improved relationship among authors, publishers, and readers.  By contrast, a bad agreement can do real damage.  The Editorial Board of the Journal of Copyright for Education and Librarianship (“JCEL”) deliberated thoroughly the details of the agreement it offers to contributing authors, with the quest of putting into practice our principles about the relationship of copyright and scholarly works, in service to our community of stakeholders.This article is intended to capture and document the Board’s reflections on the JCEL agreement with two leading objectives: To explain to contributing authors the meaning and significance of various provisions in the agreement, and to serve as a motivation and resource for editors of other journals as they engage in a fresh examination of their agreements.  This article offers a bit of explanatory background and a hint of some of the internal give and take that led to the final version.  Although our publication agreement should be regularly reexamined, with future changes to meet changing needs, the principles underlying the current draft should remain steady.
  • Making the Transition as the New Copyright Librarian

    Algenio, Emilie Regina (Clemson University Press, 2018-02-26)
    The corpus of academic librarianship literature notes very little material in relation to the work of new copyright librarians. However, the number of academic libraries hiring librarians to fill these positions is increasing, and the need for such literature is real and pertinent. The purpose of this research is to assist incoming copyright librarians with practical, evidence-based guidance for colleagues just starting out in roles focused on copyright issues. The author drew from professional experience as a first-time copyright librarian at a Carnegie One academic institution in the United States. The author highlights the value of constructing a copyright educational foundation for the university community, cultivating a community of practice, establishing best practices around copyright questions and the utility of effective, vetted copyright resources. Understanding the finer details of a copyright librarian’s job are important, as academic libraries are hiring candidates for other scholarly communication positions, and the applicants are expected to know American copyright law.
  • Breakout Session: View from the Bleachers: Applied Skills in Finding and Using Free Media Resources. Presented by Barbara Waxer, Santa Fe Community College.

    Landis, Cyndi Lea (Clemson University Press, 2018-02-26)
    The purpose of copyright is to promote the creation of creative content; however, copyright confusion can make students and creators feel limited or intimidated from using media in their work. At the 2017 Kraemer Copyright Conference, Barbara Waxer presented a resourceful session about copyright and Creative Commons licensing through the eyes of information consumers and creators who in essence just want to know whether they can use a certain song, photo, or media source. Waxer’s breakout session highlighted the decision-making process for the copyright conscious by presenting easy-to-use flow charts and online resources that clearly explain Creative Commons licensing, with hopes that librarians can use these tools for teaching copyright at large.
  • Sports Uniforms and Copyright: Implications for Applied Art Educators from the Star Athletica Decision

    Benson, Sara R. (Clemson University Press, 2018-02-26)
    In the course of one decision, Star Athletica, the Supreme Court selected the appropriate test to delineate the line between copyrightable creative expression and non-copyrightable functional work, reversed a long-standing rule about the inability to copyright fashion, and changed the game for graphic and industrial designers wishing to protect the more pragmatic pieces of their art. This article proceeds with a brief history of the Star Athletica case, including the lower court judgments, a discussion of the Supreme Court holding in the case, the applicability of the Supreme Court holding to fashion, graphic design, and industrial design industries going forward, and concludes with some final thoughts about the implications of the outcome of the case.
  • Breakout Session: Mapping the Copyright Constellation: Charting Campus Partners to Create Copyright Instruction Your Students Will Care About.

    Beck, Susan E (Clemson University Press, 2018-03-08)
    This is a report on North Carolina librarians Will Cross, Molly Keener, and Lillian Rigling’s presentation at the 2017 Kraemer Copyright Conference where they advocated building campus partnerships to teach students about U.S. copyright law in a way that is both meaningful and pertinent. Each presented a case study in which presenters worked with faculty to develop course integrated copyright instruction. Two of these were successes while the third produced uneven results. 
  • Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargo

    Bolick, Josh (Clemson University Press, 2018-08-07)
    In the last round of author-sharing policy revisions, Elsevier created a labyrinthine title-by-title embargo structure requiring embargoes from 12 to 48 months for authors sharing via institutional repository (IR), while permitting immediate sharing via an author’s personal website or blog. At the same time, all prepublication versions are to bear a Creative Commons-Attribution-Noncommercial-No Derivatives (CC-BY-NC-ND) license. At the time this policy was announced, it was criticized by many in the scholarly communication community as overly complicated and restrictive. However, this CC licensing requirement creates an avenue for subverting an embargo in the IR to achieve quicker and wider open distribution of the author’s accepted manuscript (AAM). To wit, authors may post an appropriately licensed copy on their personal site or blog, at which point the author’s host institution may deposit without an embargo in the IR, not through the license granted in the publication agreement, but through the CC license on the author’s version, which the sharing policy mandates. This article outlines the background and rationale of the issue and discusses the benefits, workflows, and remaining questions.
  • Breakout Session: Copyright for Authors: Ideas, Activities, and Discussion Points

    Pavy, Jeanne (Clemson University Press, 2018-02-27)
    Sara Benson, Copyright Librarian for the University of Illinois Library, provided a dynamic, interactive train-the-trainers session. The presentation was based on a chapter she wrote for a forthcoming book to be published by the Association of College and Research Libraries.  Benson reviewed basic information about copyright, including what is required to secure a copyright, what is protected, and what is not.  She also addressed the specific issues involved in joint authorship and work-for-hire situations.  Throughout the presentation Benson reminded the audience that authors should be encouraged to pay close attention to publishing agreements and to take an active role in negotiating the retention of appropriate author rights.  After completing her presentation, Benson engaged the audience in reviewing actual author agreements and role-playing the negotiation of an author agreement between an author and publisher.  The session concluded with a question-and-answer period that engendered lively discussions on other copyright issues and related scholarly communication topics.

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