• 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.
    • Checking Rights

      Baker, Stewart; Kunda, Sue (Journal of Copyright in Education & Librarianship, 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.
    • 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.
    • 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
    • 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.
    • Conference Session II: Creation or Evolution: Can Copyright Bring the Peace? Presented by Kenneth D. Crews, attorney, Gipson Hoffman & Pancione

      Nelson, Marley C. (Clemson University Press, 2018-02-26)
      Dr. Kenneth Crews gives an overview of the history of copyright law, using creation and evolution as touchstones for the quick leaps and long crawls made in this discipline.  Using multiple examples, the often-contentious history of copyright law is presented in an approachable and understandable manner.  Tensions between many of the forces that have shaped, and still are shaping, copyright law are discussed, including the tension between creators and consumers of copyrightable materials.  In the end, both forces are shown to be not only important to, but necessary for, the development of U.S. copyright law.  The program closed with a call to action for attendees to speak out on copyright law and to become part of the forces that continue to create change in this discipline.
    • Conference Session III: Advocacy. Presented by Kevin Smith, the Dean of Libraries at the University of Kansas.

      Pavy, Jeanne Adele (Clemson University Press, 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.
    • 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.
    • 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.
    • Copyright for Movie Night: Film Screenings on Campus

      Willi Hooper, Michaela D. (Clemson University Press, 2018-02-26)
      I undertook this paper so that I, along with other librarians and educators, could better understand how to comply with copyright law, conserve university resources, and streamline services to students regarding the procurement of public performance rights (PPR) for films and other audiovisual resources. Student groups frequently screen films on campuses, and accepted legal interpretations of sections 101 and 106 of the 1976 Copyright Act indicate that a specific license should be sought for any public performance of a copyrighted audiovisual work. My review of PPR information on the public websites of the 38 members of the ORBIS-Cascade Alliance (an academic library consortium in the Northwest) points to the potential for greater collaboration with student affairs professionals and other campus departments to provide more accurate and complete information about PPR and library audiovisual resources (e.g., DVDs or streaming media) that have PPR attached. Campus-focused resources about PPR should include information about fair use, educational exemptions, public domain, open licenses, and library-licensed content that comes with PPR. The academic library community could undertake a project to enhance the accessibility of accurate and supportive PPR information to student groups by creating tools or best practices. This area is ripe for more current research.
    • 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.
    • Copyright in the Health Sciences Literature: A Narrative Review

      Goben, Abigail; Doubleday, Alison F. (Clemson University Press, 2018-06-13)
      Health science educators, researchers, and clinicians are regularly faced with challenges surrounding copyright and fair use. However, little is known about how copyright is addressed in the professional literature. In order to identify themes and gaps, the authors undertook a narrative review of articles published in health sciences literature between 2000-2016. Only 154 articles were identified on the topic, which attempted to address areas of concern for educators, researchers, and clinicians across all health science disciplines. Overarching issues were identified including prevalence of misinformation or misunderstandings, particularly around fair use, and the continued need for authoritative copyright education and definition of best practices.
    • Copyright in the Institutional Repository

      Baker, Stewart; Kunda, Sue (Journal of Copyright in Education & Librarianship, 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.
    • 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.
    • 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 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.
    • 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.
    • Copyright, Fair Use, and Creative Commons: An Active-Learning Exercise for Studio Art Students

      Boston, Arthur Jason (The University of Kansas, 2020-01-15)
      This article describes an active-learning exercise intended to help teach copyright, fair use, and Creative Commons licenses. In the exercise students use a worksheet to draw original pictures, create derivative pictures on tracing paper, select Creative Commons licenses, and explore commercial usage, fair use, and copyright infringement. Librarian-instructors may find the completed worksheets to be useful aids to supplement copyright lectures; student perspectives will be integral because they are generating the examples used in discussion. Although a scholarly communication librarian developed this exercise to help introduce some basic copyright information to an undergraduate studio art and design class, the exercise can be performed in a general educational setting.
    • Cracking the Copyright Dilemma in Software Preservation

      Butler, Brandon; Aufderheide, Patricia; Jaszi, Peter; Cox, Krista (Journal of Copyright in Education & Librarianship, 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.
    • 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.