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.

News

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

Recent Submissions

  • An Interview with Jacob H. Rooksby, Dean of Gonzaga University School of Law

    Zeller, Micah; Taylor, Tucker (The University of Kansas Libraries, 2018-08-16)
    In this interview, Jacob Rooksby discusses his work and research in intellectual property and higher education law, including a critical examination of the role of copyright on the modern university campus. The conversation, with the Journal of Copyright in Education and Librarianship’s (JCEL) Micah Zeller and Tucker Taylor, covers trends concerning student entrepreneurship, faculty ownership, donor-imposed restrictions in special collections, and why everyone involved—from trustees, administrators, instructors, students, and library staff—should care and know how law and policies affect their interests. The discussion draws on Rooksby’s 2016 book, The Branding of the American Mind: How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters, which describes problematic practices of institutions, opportunities for those working in this space, and how intellectual property issues connect to our moral expectations for higher education. Professor Rooksby also flags areas for readers to keep an eye on in the future.
  • 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. (The University of Kansas Libraries, 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.
  • The Search for a Service Model of Copyright Best Practices in Academic Libraries

    Lewin-Lane, Stephanie; Dethloff, Nora; Grob, Julie; Townes, Adam; Lierman, Ashley (The University of Kansas Libraries, 2018-06-13)
    To add to their suite of available copyright services and to create a service model of best practices, the University of Houston Libraries’ newly formed Copyright Team initiated a literature review and performed an environmental scan of peer institutions’ copyright policies and procedures. This article outlines the impetus and results for both studies and offers future considerations.
  • Exploiting Elsevier's CC License Requirement to Subvert Embargo

    Bolick, Josh (The University of Kansas Libraries, 2018-02-26)
    In the last round of author sharing policy revisions, Elsevier created a labyrinthine title-by-title embargo structure requiring embargoes from 12-48 months for author sharing via institutional repository (IR), while permitting immediate sharing via author's personal website or blog. At the same time, all pre-publication 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 rightly criticized by many in the scholarly communication community as overly complicated and unnecessary. However, this CC licensing requirement creates an avenue for subverting the embargo in the IR to achieve quicker open distribution of the author's accepted manuscript. In short, authors may post an appropriately licensed copy on their personal site, at which point we may deposit without 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 poster outlines this issue, our experimentation with application, and engages viewers in questions regarding its potential risks, benefits, and workflows.For more information, including supplementary notes, see http://hdl.handle.net/1808/24107 .
  • Principles of the JCEL Publication Agreement: Stakeholders, Copyright, and Policy Positions

    Crews, Kenneth D. (The University of Kansas Libraries, 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.
  • Conference Session III: Advocacy. Presented by Kevin Smith, the Dean of Libraries at the University of Kansas.

    Pavy, Jeanne Adele (The University of Kansas Libraries, 2018-02-28)
    In his presentation on Advocacy at the 2017 Kraemer Copyright Conference, Kevin Smith offered participants suggestions on how to engage various stakeholders on copyright issues.  Using a model of advocacy derived from the environmental movement, Smith encouraged participants to acquire a strong understanding of the incentives and barriers that are in play for decision makers involved in this issue, and to tailor one’s approach to the specific audience addressed.  Stakeholders bring different perceptions of how to achieve the balancing purpose of copyright and advocates must grasp the motives present on all sides of the issue.   He makes the case for telling stories alongside data in presenting a position because narratives are usually more interesting and memorable than the rules and abstract principles they demonstrate.  Smith also offered guidance on how to address risk in copyright contexts, and extolled the positive impact created by simply behaving in a respectful and friendly way toward everyone involved in the conversation.
  • 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 (The University of Kansas Libraries, 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.
  • Journal of Copyright in Education and Librarianship: An Editorial Introduction

    Myers, Carla S.; Taylor, Tucker; Wesolek, Andrew (The University of Kansas Libraries, 2016-09-12)
    An Editorial Introduction
  • Turning Wrongs into Rights: Implementation of RightsStatements.org at Washington University

    Zeller, Micah (The University of Kansas Libraries, 2018-02-26)
    As many librarians who work with digital collections know, ambiguous or meaningless rights statements can cause confusion and limit downstream use of materials. Following DPLA and Europeana's lead in drafting simple, standardized terms that help metadata contributors more effectively communicate copyright and re-use status of digital objects, we evaluated materials in 50+ exhibits at Washington University Libraries in order to assign each an appropriate statement from RightsStatements.org and help facilitate the same for other contributors to the Missouri Hub. This poster focuses on the implementation of project statements and recommendations. Its purpose is to share and discuss practical steps and workflows that organizations can use to assign statements to materials in their own collections. This is rooted in the perspective of a medium-sized organization, with fairly typical staffing, that contributes to DPLA via participation in a regional service hub, but may be relevant to platforms and institutions of all types. The goal is to provide concrete help with evaluating the underlying status of items by collection and deciding which statement to apply. This may involve risk assessment and/or judgment calls, and the poster outlines a few factors that were considered and how decisions were made.
  • Breakout Session: Leveraging Licensing to Increase Access

    Polchow, Michelle (The University of Kansas Libraries, 2018-02-28)
    The Affordable Course Materials Initiative (ACMI) is a library-driven program established by University of California, Los Angeles (UCLA), designed to leverage existing library resources, encourage open educational resources (OER) content creation, identify cost-effective digital projects and modify existing license agreements in order to create reduced cost course materials for students, as an alternative to rising commercial textbook costs.  The faculty incentivized program encourages instructors to partner with the library to leverage free or low-cost resources, adjusting syllabi and assignments as needed.  ACMI’s two-year pilot resulted in convincing evidence that the service supported a broad and diverse range of campus disciplines, achieved substantial cost savings, served as a catalyst for community building with multiple stakeholders, and gained campus administration recognition with an ongoing commitment of financial support to permanently integrate the initiative as an ongoing component of library services. 
  • Making Copyright a "Go Sign": Collaboration on Copyright Education, Advocacy and Creation at Princeton

    Li, Yuan (The University of Kansas Libraries, 2018-02-26)
    Copyright issues impact daily life in academic in teaching, learning, and research. Copyright is most often seen as a stop sign due to the lack of knowledge of copyright. This negative view of copyright could hinder the learning potential and limit possibilities in teaching and research. Lack of knowledge of copyright also could lead to misconduct, or even worse, a law-suit. In the past two years, we have made a series of efforts at Princeton to improve the campus’ knowledge about copyright and to change the view of copyright from negative to positive through collaboration among campus partners, primarily the general council and the library. This poster shows programs and initiatives on copyright education, advocacy and creation from collaboration at Princeton.
  • Breakout Session: Copyright for Authors: Ideas, Activities, and Discussion Points

    Pavy, Jeanne (The University of Kansas Libraries, 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.
  • Panel Discussion: Should I go to Law School?

    Wright, Andrea M. (The University of Kansas Libraries, 2018-02-26)
    This brief piece records the panel discussion, Schould I go to Law School?, from the 2017 Kraemer Copyright Conference.
  • Breakout Session: Copyright: The Ethical Imperative for Librarians. Presented by Martin Garnar, Dean of the Kraemer Family Library, the University of Colorado Colorado Springs.

    Phillips, Gesina A. (The University of Kansas Libraries, 2018-02-26)
    Martin Garnar, in his presentation “Copyright: The Ethical Imperative for Librarians,” discusses the evolution of the American Library Association's Code of Ethics as an indicator of the changing relationship between librarianship and copyright education. Updates to the Code of Ethics, and in particular the 2014 adoption of an interpretation of Article IV, offer a vision of librarians as active parties in the discussion of intellectual property rights. This interpretation includes a series of statements about what librarians "should" do in their roles as information professionals in order to navigate copyright within their roles and interactions with users, and to uphold a fair balance between rights holders and users.
  • Breakout Session: Mapping the Copyright Constellation: Charting Campus Partners to Create Copyright Instruction Your Students Will Care About.

    Beck, Susan E (The University of Kansas Libraries, 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. 
  • Book Review: Copyright and E-learning: A Guide for Practitioners. Jane Secker, with Chris Morrison.

    McCleskey, Sarah (The University of Kansas Libraries, 2018-02-08)
    This review discusses the book Copyright and E-learning: A Guide for Practitioners by Jane Secker with Chris Morrison.
  • Managing an Open Access Fund: Tips from the Trenches and Questions for the Future

    Zuniga, Heidi; Hoffecker, Lilian (The University of Kansas Libraries, 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.
  • Navigating Copyright in Electronic Theses and Dissertations

    Phillips, Gesina A. (The University of Kansas Libraries, 2018-02-26)
    Graduate students completing an electronic thesis or dissertation (ETD) may encounter issues related to copyright, either their own or that held by others, at several points throughout the creation and submission of their ETD. Since ETDs are often hosted in an institutional repository or other online collection hosted by the library, library personnel involved in the process must be aware of these points of failure and understand the nuances of copyright with regard to reuse of materials, their institution’s policies governing student scholarship, and the policies of their institutional repository or online collection. This poster will review the relevant literature related to copyright and ETDs, outline the major junctures where librarians may contribute to copyright education for graduate students (and others), and offer suggestions for librarians seeking to engage with graduate students completing their ETDs.
  • Making the Transition as the New Copyright Librarian

    Algenio, Emilie Regina (The University of Kansas Libraries, 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.
  • More than a House of Cards: Developing a Firm Foundation for Streaming Media and Consumer-Licensed Content in the Library

    Cross, William (The University of Kansas Libraries, 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.

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