• 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.
    • 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.
    • 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.
    • Panel Discussion: Should I go to Law School?

      Wright, Andrea M. (Clemson University Press, 2018-02-26)
      This brief piece records the panel discussion, Schould I go to Law School?, from the 2017 Kraemer Copyright Conference.
    • 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.
    • 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.
    • 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.
    • Show Me the Copyright: Using Game Techniques to Teach Copyright Law

      Bowley, Chealsye (Clemson University Press, 2018-02-26)
      Teaching copyright law and fair use can be a challenge. The audience’s eyes might glaze over. Even if an audience is attentive, how do you know if the information is being understood? Using game techniques and role playing can give the presenter immediate feedback on if information is being retained, and allow an audience to immediately utilize the taught information. The poster presents fun, engaging strategies used in university workshops for using familiar games to teach copyright law to students and colleagues. Example questions of a Jeopardy! style game and role playing scenarios were included during the poster session
    • 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.
    • 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.
    • 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.