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

  • In Keeping with Academic Tradition: Copyright ownership in higher education and potential implications for Open Education

    Gumb, Lindsey; Cross, William (The University of Kansas Libraries, 2022-04-25)
    Most postsecondary institutions in the United States have a copyright and/or intellectual property (IP) ownership policy, outlining under various circumstances the ownership of copyright and IP generated by faculty, staff, and students (Patel, 1996). As awareness of open educational resources (OER) increases and both faculty and student creation of openly licensed materials builds momentum, a closer examination of copyright ownership policies and what legal and ethical implications they may have for open education is crucial. This study analyzed 109 copyright ownership policies at both public and independent two-year and four-year postsecondary institutions of higher education in the U.S. and surveyed facilitators of open education initiatives (generally librarians and related educators) at these same institutions (N = 51) to gather the perceptions and preferences of their copyright policies with respect to locally-developed OER. The content analysis revealed that while the ownership of scholarly works overwhelmingly belongs to the person who created the work, variables such as unusual support and potential uses affect copyright ownership. These factors can be problematic for faculty who receive support through campus programs to create and share openly licensed instructional materials beyond their institution and are also problematic for students participating in OER-enabled pedagogy coursework and projects. While our survey showed that many in the open community indicate that they have great confidence in their understanding of these policies, that certainty is often pinned to a sense of shared values and unspoken assumptions, rather than clear legal rules or reliable policy.
  • Controlled Digital Lending of Video Resources: Ensuring the Provision of Streaming Access to Videos for Pedagogical Purposes in Academic Libraries

    Lear, Christian (The University of Kansas Libraries, 2022-01-04)
    This article examines a current crisis within media librarianship regarding the challenges for academic libraries in providing streaming access to video resources despite the growing need for users to have streaming access. The article discusses this crisis largely within the context of COVID-19 (Coronavirus Disease of 2019) and how the pandemic has exacerbated the problem. This article also posits a possible solution to the issue through the application of controlled digital lending (CDL) to video resources for a pedagogical purpose. The article demonstrates the extent of the crisis, examines how other media librarians have addressed the problem, and shows the limitations to the solutions that have so far been offered. It then broadly discusses the concept of CDL and how this practice could be applied to video resources to address the frequent inability of libraries to provide streaming access to videos.
  • Book Review: Helping Library Users with Legal Questions: Practical Advice for Research, Programming, and Outreach

    Gambill West, Agnes (The University of Kansas Libraries, 2021-12-09)
    Deborah A. Hamilton’s new book sheds light on the access to justice crisis in the American legal system and illustrates valuable strategies for how libraries can help. Hamilton’s passion for assisting the public with research and discovery of legal information makes her well-suited to share practical advice for research, programming, and outreach related to legal information literacy. Hamilton’s message to readers is clear: libraries can play a significant role in making the justice system more accessible and equitable by providing access to laws and legal information.
  • Copyright in the Time of COVID-19: An Australian Perspective

    Bellenger, Amanda; Balfour, Helen (The University of Kansas Libraries, 2021-11-30)
    COVID-19 has raised many challenges in terms of applying Australian copyright legislation and related policies to higher education context. This paper describes the experience of Copyright Officers at Curtin University and Murdoch University from the initial stages of border-control measures affecting delivery of learning materials to students in China, to the wider disruption of the pandemic with many countries implementing lockdown measures, to the current environment where remote delivery is the “new normal.” The Australian Copyright Act 1968 (Commonwealth of Australia) provides narrow fair dealing exceptions (sections 40 and 41) and broader but more uncertain flexible dealing exceptions (section 200AB), creating a barrier for educators providing access to the information resources needed for teaching, learning, and research. The uncertainty of applying section 200AB was exacerbated by the conditions caused by the pandemic. The authors describe their experiences in providing copyright support during the pandemic as well as how the copyright services adapted to meet requirements.
  • Introducing the Copyright Anxiety Scale

    Wakaruk, Amanda; Gareau-Brennan, Céline; Pietrosanu, Matthew (The University of Kansas Libraries, 2021-09-21)
    Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with copyright chill.
  • Copyright Literacy and the Role of Librarians as Educators and Advocates: An International Symposium

    Secker, Jane; Morrison, Chris; Nilsson, Inga-Lill (The University of Kansas Libraries, 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.
  • Workshop on Models for Copyright Education in Information Literacy: An Initiative of the International Federation of Library Associations and Institutions

    Hinchliffe, Lisa Janicke (The University of Kansas Libraries, 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.
  • Checking Rights: An IR Manager’s Guide to Checking Copyright

    Baker, Stewart; Kunda, Sue (The University of Kansas Libraries, 2019-11-30)
    Institutional repository (IR) managers often find themselves providing copyright guidance to faculty who wish to self-archive their published scholarship or to students depositing theses and dissertations. As IR managers may not be copyright experts themselves, making determinations and checking rights can be difficult and time-consuming. This article is intended as a practical guide to describe common types of material that can be placed in an IR as well as potential copyright issues and other considerations for each type. Material types covered include book chapters, journal articles, conference proceedings, student papers, electronic theses and dissertations, research data sets, historical and archival materials, and oral histories. Underlying issues such as copyright ownership, work made for hire, and the legal definition of publication are also discussed. For easier reference, the appendix contains a chart with brief descriptions of issues and resources.
  • Digital Cultural Heritage and Wikimedia Commons Licenses:: Copyright or Copywrong?

    Kelly, Elizabeth Joan (The University of Kansas Libraries, 2019-10-13)
    Cultural heritage institutions can contribute to public knowledge and increase awareness of their collections by uploading digital objects to Wikimedia Commons for use on Wikipedia and other Wikimedia Foundation projects. However, prior research has established the difficulty of and/or hesitation by many cultural heritage institutions in clearly and accurately labeling the copyright status of their born-digital and digitized collections. With this knowledge, how likely is it that digital cultural heritage will be findable and usable on Wikimedia Commons? This study seeks to determine how accurate rights statements for cultural heritage objects on Wikimedia Commons are, and whether inaccuracies can be linked to problematic rights statements in cultural heritage digital libraries or whether the inaccuracies stem from Wikimedia Commons. By evaluating the rights statements, licenses, and sources for 308 Wikimedia Commons objects from 57 cultural heritage organizations and comparing that information to corresponding licenses from digital libraries, we can begin to develop best practices and educational needs for digital librarians, archives, museum curators, and Wikipedians alike to improve the user experience for those using digital cultural heritage on Wikimedia projects.  
  • Cracking the Copyright Dilemma in Software Preservation: Protecting Digital Culture through Fair Use Consensus

    Butler, Brandon; Aufderheide, Patricia; Jaszi, Peter; Cox, Krista (The University of Kansas Libraries, 2019-11-05)
    Copyright problems may inhibit the crucially important work of preserving legacy software. Such software is worthy of study in its own right because it is critical to accessing digital culture and expression. Preservation work is essential for communicating across boundaries of the past and present in a digital era. Software preservationists in the United States have addressed their copyright problems by developing a code of best practices in employing fair use. Their work is an example of how collective action by users of law changes the norms and beliefs about law, which can in turn change the law itself insofar as the law takes account of community norms and practices. The work of creating the code involved facilitators who are communication, information sciences, and legal scholars and practitioners. Thus, the creation of the code is also an example of crossing the boundaries between technology and policy research.
  • Student Selection of Content Licenses in OER-enabled Pedagogy: An Exploratory Study

    Williams, Katherine; Werth, Eric (The University of Kansas Libraries, 2021-06-10)
    Students acting as content creators is an emergent trend in the field of open educational practice. As more faculty turn towards the use of open pedagogy or OER-enabled Pedagogy, they must be prepared to address concerns related to intellectual property rights of student work. This article addresses student concerns related to intellectual property rights, specifically related to Creative Commons licensing as well as faculty awareness of use of Creative Commons licensing. Research was conducted at a small, liberal arts college in the Appalachian Region of the United States. All first-year students engaged in an OER-enabled Pedagogy project where they collaboratively created a reader for the First Year Studies seminar course. Following class, students and faculty were interviewed regarding how dynamics of intellectual property and Creative Commons licensing impacted the educational process. Results indicate students are open to sharing their works with credit, and value helping others. Faculty tend to be unfamiliar with Creative Commons licensing and must balance the desire to help students understand licensing and prescribing their own preferences when asked about licensing selection. 
  • Book Review: Copyright for Schools: A Practical Guide, 6th Edition

    Dickson, Katherine (The University of Kansas Libraries, 2021-09-08)
    New for 2021 is the sixth edition of Copyright for Schools: A Practical Guide, by Carol Simpson and Sara E. Wolf. Ms. Simpson is an attorney and former professor of library and information science, with additional experience as a school librarian, teacher, and district library administrator. Ms. Wolf is a professor in Auburn University’s College of Education, with research interests in library media and technology and experience in institutional copyright policy development. The book is designed to address the copyright issues and questions that tend to arise for K-12 teachers, school librarians, and school administrators, though librarians in other contexts such as public libraries and higher education would likely find its contents useful too. The sixth edition updates previous editions by adding content on the copyright implications of streaming video services and cloud computing, issues related to disability, responding to cease-and-desist letters, openly licensed resources and Creative Commons licenses, and the implications of the Music Modernization Act. The latest edition of the book also contains a concordance (a table of legal citations and the principles for which they stand), and more robust legal citations than previous editions.
  • Formulating a Scalable Approach to Patron-Requested Digitization in Archives

    Hawkins, Kevin S.; Judkins, Julie (The University of Kansas Libraries, 2021-06-01)
    The novel coronavirus of 2019 (COVID-19) crisis has forced archives to rethink their modes of providing access to physical collections. Whereas difficult copyright questions raised by reproducing items could previously be skirted by requiring researchers to work with materials in person, the long-term closure of reading rooms and decrease in long-distance travel mean that archives need a workflow for handling user digitization requests that is scalable and requires consulting only easily identifiable information and, assuming full reproduction is off the table, reproducing items in a collection under 17 U.S.C. § 108 or through a strategy of rapid risk assessment. There is a challenge in creating a policy that will work across different formats and genres of archival materials, so this article offers some suggestions for how to think about these parameters according to US copyright law and calls for a committee of experts to work out a model policy that could serve remote users of archival collections even after the COVID-19 crisis has passed.
  • Canadian Collaborations: Library Communications and Advocacy in the time of COVID-19

    Winter, Christina; Swartz, Mark; Owen, Victoria; Ludbrook , Ann; Selman, Brianne; Tiessen, Robert (The University of Kansas Libraries, 2021-08-27)
    The COVID-19 pandemic forced libraries to unexpectedly and suddenly close their physical locations, necessitating a remote working environment and a greater reliance on digital and virtual services. While libraries were in a better position than most sectors due to decades of experience in licensing and acquiring digital content and offering virtual services such as chat reference, there still were some services and resources that traditionally had only been offered in a face-to-face environment, or were available in print only. There were questions in the Canadian library community about how, and if these programs could be delivered online and comply with Canadian copyright law. This article will describe the access and copyright challenges that Canadian libraries faced during the first nine months of the pandemic and will outline the collaborative efforts of the Canadian library copyright community to respond to these challenges.
  • Rapid Response: Developing a Suite of Copyright Support Services and Resources at the University of Central Florida during the COVID-19 Pandemic

    Norris, Sarah; Duff, Sara; Gause, Rich (The University of Kansas Libraries, 2021-09-02)
    Like many academic libraries, the University of Central Florida (UCF) Libraries has faced the difficult challenge of ensuring access to information and supporting the research, scholarship, and teaching needs of faculty, staff, and students during the COVID-19 pandemic crisis. Copyright and licensing matters have played a key role as the UCF Libraries has helped faculty and students navigate the rapid transition from face-to-face courses to online and conducting academic work in a wholly online environment. This article provides a case study of how the UCF Libraries developed an expanded suite of copyright support services and resources in response to the COVID-19 pandemic. It will explore how each of these services or resources provided specific support to faculty and students in teaching and learning. Services and resources developed in consultation with the Office of General Counsel include a detailed research guide with information about remote access to resources, including temporary access to licensed content from publishers; a series of professional development online workshops on topics such as copyright, fair use, and emergency circumstances and library support for course materials; and additional opportunities for individual consultation support through virtual office hours and other modes of communication, such as chat, email, and phone. The aim of this article is to provide academic libraries with examples of copyright services from a large metropolitan library during COVID-19 so that they can be used as a model when implementing copyright support at their respective institutions during these exigent circumstances and beyond.
  • Book Review: Library Licensing: A Manual for Busy Librarians

    Enimil, Sandra Aya (The University of Kansas Libraries, 2021-09-01)
    Library Licensing: A Manual for Busy Librarians strives to help library staff comprehend library licenses for content and materials. It targets university librarians, but librarians who deal with licenses and agreements in other types of libraries will benefit from the information shared in this work. The book, written by two people (including one with a law degree) with experience at academic institutions, is a quick and straightforward read for librarians who may be new to reviewing contracts and provides thoughtful tips to more seasoned library professionals.
  • Open Access Legislation and Regulation in the United States: Implications for Higher Education

    Chaudhary, Anjam; Irwin, Kathy; Hoa Khoa Nguyen, David (The University of Kansas Libraries, 2020-11-30)
    Accessing quality research when not part of an academic institution can be challenging. Dating back to the 1980s, open access (OA) was a response to journal publishers who restricted access to publications by requiring a subscription and limited access to knowledge. Although the OA movement seeks to remove costly barriers to accessing research, especially when funded by state and federal governments, it remains the subject of continuous debates. After providing a brief overview of OA, this article summarizes OA statutory and regulatory developments at the federal and state levels regarding free and open access to research. It compares similarities and differences among enacted and proposed legislation and describes the advantages and disadvantages of these laws. It analyzes the effects of these laws in higher education, especially on university faculty regarding tenure and promotion decisions as well as intellectual property rights to provide recommendations and best practices regarding the future of legislation and regulation in the United States.
  • Book Review: Drafting Copyright Exceptions: From the Law in Books to the Law in Action

    Morrison, Chris (The University of Kansas Libraries, 2021-03-19)
    Drafting Copyright Exceptions: From the Law in Books to the Law in Action by Emily Hudson is essential reading for anyone responsible for managing copyright in libraries and educational and research institutions. Hudson’s monograph presents insights from thousands of hours of empirical research with hundreds of copyright practitioners in the cultural heritage sector. It reveals important findings about the way that copyright exceptions are interpreted in practice and the implications this has for the formation of norms and the drafting of copyright exceptions.
  • Opinion: CASE Act will Harm Researchers and Freedom of Inquiry

    Benson, Sara; Vollmer, Timothy (The University of Kansas Libraries, 2021-03-18)
    The Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act) was swept into law during the final days of 2020 as a part of the 5,500 page federal spending bill. In theory, the CASE Act aims to provide a venue for individual creators (such as photographers, graphic artists, musicians) to address smaller copyright infringement claims without spending the time and money required to pursue a copyright infringement lawsuit in Federal court. In reality, however, this additional bureaucratic structure created outside of the traditional court system is fraught with problems that will mostly incentivize large, well-resourced rightsholders or overly litigious copyright owners to take advantage of the system. At the same time, it will confuse and harm innocuous users of content, who may not understand the complexities of copyright law, and who do not know whether or how to respond to a notice of infringement via this small claims process. From our perspective, it will chill users who rely on crucial statutory exceptions to copyright, such as fair use, in their research and teaching activities.
  • 2018: A Streaming Video Odyssey

    Perry, Anali; Grondin, Karen (The University of Kansas Libraries, 2020-09-01)
    In this case study, we reflect on our journey through a major revision of our streaming video reserve guidelines, informed by an environmental scan of comparable library services and current copyright best practices. Once the guidelines were revised, we developed an implementation plan for communicating changes and developing training materials to both instructors and internal library staff. We share our navigation strategies, obstacles faced, lessons learned, and ongoing challenges. Finally, we map out some of our future directions for improving and streamlining our services.  

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