• 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.
    • 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.
    • Copyright and Digitization and Preservation of State Government Documents: A Detailed Analysis

      Currier, Brett D.; Gilliland, Anne; Hansen, David R. (Clemson University Press, 2016-09-12)
      This paper builds off "Copyright and the Digitization of State Government Documents: A Preliminary Analysis" presented at IPres 2015. In this paper, we present a more detailed analysis and a practical framework for local archivists and librarians to use in assessing copyright status, the application of fair use, and use of other copyright limitations to different types of government documents.
    • Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use

      Wu, Michelle M. (Clemson University Press, 2016-09-12)
      Academic libraries face numerous stressors as they seek to meet the needs of their users through technological advances while adhering to copyright laws. This paper seeks to explore one specific proposal to balance these interests, the impact of recent decisions on its viability, and the copyright challenges that remain after these decisions
    • Copyright for Undergraduates: Lessons Learned While Teaching a Semester-Length Online Course

      Ravas, Tammy (Clemson University Press, 2016-09-12)
      Semester-length copyright classes for undergraduates that cover topics of general interest are few and far between.  However, considering the exponential growth of digital technologies as well as the amount of available information from year to year, such a class becomes increasingly relevant for this demographic.  Over the past several years, this author has taught “one-shot” library instruction classes and workshops in copyright for undergraduate and graduate students across different disciplines such as visual art, media arts, music, theatre, education, and business.  One hour, or one and a half hours, for a “one-shot session” was never enough time to cover all of the topics relevant to the particular audience.  In order to cover all of the necessary topics to help undergraduate students get a better understanding of how copyright law affects them, this author decided to offer a semester-length class on copyright with a multidisciplinary approach.
    • Journal of Copyright in Education and Librarianship: An Editorial Introduction

      Myers, Carla S.; Taylor, Tucker; Wesolek, Andrew (Clemson University Press, 2016-09-12)
      An Editorial Introduction
    • 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.
    • Section 108 Revision: Nothing New Under the Sun

      Butler, Brandon; Russell, Carrie (Clemson University Press, 2018-02-08)
      Section 108 of the Copyright Act lays out a series of specific protections for reproduction and distribution of copyrighted works by libraries and archives. Disagreement has always been associated with Section 108 as it strikes a balance between the needs of libraries and the market prerogatives of copyright holders, especially publishers. It is also part of a larger balance in the Copyright Act between specific ex-ceptions and flexible users’ rights embodied in Section 107, which cov-ers fair use. In the summer of 2016, the Copyright Office announced it was putting the finishing touches on a substantial rewrite of Section 108. To inform discussion of Section 108 revision, this article explores the history of Section 108 and of proposed Section 108 revisions, argu-ing that Section 108 has served libraries well in its current form, and that “reform” in the current political climate is unlikely to yield any worthwhile improvements to the statute. Instead, history shows that any revision process is likely to be a vehicle for restricting the activi-ties of libraries and raising the cost of access to information. Libraries should maintain the position that has guided them for more than half a century: vigilant defense of fair use and skepticism of negotiated specific exceptions. As this piece went to press, the Copyright Office re-leased its draft rewrite of the law, and a brief appendix reflects on how the draft stands up to the concerns we raise.
    • An Interview with Peter Jaszi, Professor of Law, Faculty Director of the Glushko-Samuelson Intellectual Property Clinic

      Taylor, Tucker; Myers, Carla S.; Wesolek, Andrew (Clemson University Press, 2018-02-08)
      Peter Jaszi, copyright expert, lawyer, professor and author, was interviewed by the editors of the Journal of Copyright in Education and Librarainship on his carreer, influences, and copyright law, including what the future may hold for libraries and copyright. He also discusses the Codes of Best Practices for Fair Use, and gives advice for librarians who work with copyright.
    • Book Review: Create, Copy, Disrupt: India’s Intellectual Property Dilemmas by Prashant Reddy T. & Sumathi Chandrashekan

      Smith, Kevin L. (Clemson University Press, 2018-02-08)
      Kevin L. Smith reviews Create, Copy, Disrupt: India’s Intellectual Property Dilemmas by Prashant Reddy T. & Sumathi Chandrashekan.
    • Book Review: Copyright and E-learning: A Guide for Practitioners. Jane Secker, with Chris Morrison.

      McCleskey, Sarah (Clemson University Press, 2018-02-08)
      This review discusses the book Copyright and E-learning: A Guide for Practitioners by Jane Secker with Chris Morrison.
    • Streaming Media in an Uncertain Legal Environment: A Model Policy and Best Practices for Academic Libraries

      Adams, Tina M; Holland, Claudia C (Clemson University Press, 2018-02-13)
      As VCRs and DVD players become obsolete, online course offerings increase, and flipped pedagogy becomes ubiquitous, academic librarians are frequently confronted with requests from instructors for streaming media. The authors of this article describe the reasoning for and process by which a policy and best practices to manage streaming media requests were developed at a large public university. This policy is guided by the principles set forth in U.S. Copyright Act’s fair use doctrine (17 U.S.C. § 107) and ARL’s Code of Best Practices in Fair Use for Academic and Research Libraries (2012). The policy also includes a workflow for delivering streaming, ADA-compliant video content that cannot be licensed via conventional library means. Moreover, the comparative costs of purchasing subscription video collections versus licensing individual streaming videos at George Mason University are provided for the fiscal years 2013 through 2016.
    • Breakout Session: Getting Moral Rights Right. Presented by Kevin Smith, Dean of Libraries, University of Kansas.

      Wright, Andrea M. (Clemson University Press, 2018-02-26)
      This brief piece records the breakout session Getting Moral Rights Right by Kevin Smith from the 2017 Kraemer Copyright Conference.
    • 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: 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.
    • 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.
    • 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.
    • 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.
    • 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: Empowering Fair Use Decisions in Higher Education: Developing Copyright Instruction for 90 Minutes or Less. Presented by Ben Harnke, Education & Reference Librarian, the University of Colorado Anschutz Medical Campus Health Sciences Library, John Jones, Instruction & Curriculum Librarian, the University of Colorado Anschutz Medical Campus Health Sciences Library, and Meghan Damour, Reference Intern, the University of Colorado Anschutz Medical Campus Health Sciences Library.

      Mayer, Jennifer (Clemson University Press, 2018-02-26)
      The presenters shared their experiences and strategies for effective fair use instruction for researchers and faculty members at the University of Colorado Anschutz Medical Campus. The session featured multiple discussion prompts, in order to allow for audience participation. Specific themes and practical tips about fair use instruction included obstacles and challenges, developing the fair use class session, and planning and logistics. Links to supplementary presentation material and tools are provided.