• 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.
    • Digital Cultural Heritage and Wikimedia Commons Licenses:

      Kelly, Elizabeth Joan (Journal of Copyright in Education & Librarianship, 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.  
    • 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.  
    • Exploiting Elsevier's CC License Requirement to Subvert Embargo

      Bolick, Josh (Clemson University Press, 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 .
    • 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.
    • 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.
    • 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.
    • 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.
    • Integrating Copyright in the Curriculum: A Study of LIS Courses of Central Universities of India

      Thapa, Neelam (Journal of Copyright in Education & Librarianship, 2019-10-25)
      This research aims to study the library and information science (LIS) curriculum presently followed in the central universities of India to identify the ways in which it incorporates copyright information. The central universities offering LIS programs were identified and the curricula and syllabi of these LIS programs were downloaded from the universities’ official websites. A detailed content analysis of the curricula and syllabi shows that there is no uniformity in the names of the courses taught and the course content in LIS programs of different universities. However, copyright has been included in the curriculum as part of a course in most of the universities. Based on the analysis suggestions have been made for the inclusion of copyright concepts in the curricula of LIS programs.
    • 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.
    • 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
    • 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.
    • 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.
    • Library VHS in Danger: Media Preservation in Academic Libraries

      Schmidt, LeEtta (Clemson University Press, 2019-02-26)
      Preserving content is a foundational activity of libraries and an activity for which U.S. copyright law makes an exception. This paper studies preservation activities among academic libraries as reported through the literature and recorded in answer to a survey of Research 1 institutions in the United States. Trends, challenges, methods, and procedures are examined to create a robust picture of VHS preservation activity among academic libraries especially in reference to section 108 of U.S. copyright law.
    • Making Copyright a "Go Sign": Collaboration on Copyright Education, Advocacy and Creation at Princeton

      Li, Yuan (Clemson University Press, 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.
    • 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.
    • 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.
    • Navigating Copyright in Electronic Theses and Dissertations

      Phillips, Gesina A. (Clemson University Press, 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.
    • Observing and Respecting Diverse Knowledge Traditions in a Digital Archive of Indigenous Language Materials

      Bow, Catherine; Hepworth, Patricia (Clemson University Press, 2019-03-07)
      Australian copyright law and Indigenous Cultural and Intellectual Property (ICIP) have always sat uncomfortably together, each with their own internal logic and legitimacy, but forcing certain arrangements and compromises when applied to specific contexts. The collection of Indigenous language materials into a digital archive has required finding means to observe and respect these two incongruent knowledge traditions. The Living Archive of Aboriginal Languages, an open online repository containing thousands of books in dozens of languages from Indigenous communities of Australia’s Northern Territory, offers opportunity to explore how the need to attend to both knowledge traditions led to specific decisions and practices. In particular, where the Australian copyright law was satisfied, additional steps were needed to respectfully incorporate Indigenous perspectives. This paper outlines the negotiations and compromises inherent in seeking a solution which observes and respects both Indigenous and western knowledge practices in a unique collection of cultural heritage materials.