• 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. 
    • Teaching an Invisible Subject: How are we Educating Faculty about Copyright?

      Zerkee, Jennifer (Clemson University Press, 2018-02-26)
      Copyright can be an invisible issue for instructors because infringement or improper use of copyright-protected material will not impede teaching. Copyright law is nuanced and open to interpretation; it is not always clear whether a particular action is compliant or not. This poster will share the results of the presenter’s Canada-wide survey of university copyright administrators, exploring institutions’ provision of copyright education to instructors. The presenter found more questions rather than answers as a result of the survey. Most respondents do no assessment of their copyright instruction, and instead are comfortable relying on experience, questions from faculty, and anecdotal evidence to form an impression of instructors’ familiarity with copyright rules. Is informal appraisal adequate for ensuring that libraries and copyright offices are fulfilling their responsibility to encourage and enable the confident and lawful use of copyright-protected material? What other evidence could be gathered to inform copyright administrators’ efforts? This poster will encourage participants to think about copyright education at their institutions, will share the results of the survey, including approaches being taken by universities across Canada, and will share Simon Fraser University's approaches to instructor education
    • Teaching Copyright Law through Participatory Involvement in an Unconference Setting

      McCormick, Amanda; Adams, Stephanie A.; Dunbar, Hope; Mclean-Plunkett, Sarah (The University of Kansas, 2020-04-22)
      An “unconference” is an attempt by librarians and other professionals to work outside of the traditional conference model. Presenters are encouraged to break out of traditional modes of presentation and try new methods of engaging with the participants. We submitted an idea for a session focused on demystifying domestic and international copyright law and discussing how the law affects libraries and archives. Modern librarianship demands at least a basic understanding of copyright and intellectual property issues, and librarians have reported that they lack training and knowledge in this area. We determined that we did not want to present a formal lecture on copyright in libraries, especially given the freedom and intellectual experimentation encouraged by an unconference setting. Instead, we determined that the best way to present copyright principles would be to share examples of real-life scenarios with the participants and assist them in applying the principles of copyright law to those situations. We hoped that participants would build confidence in their ability to respond when copyright issues arose at the workplace. This paper outlines the approach we took to prepare and present this unconventional session, and it includes an assessment of the results.
    • 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.
    • The Rights Statement Selection Tool

      Galson, Gabriel; Karl, Brandy (The University of Kansas, 2020-04-22)
      Through the standardized rights statements it provides, RightsStatements.org allows institutions to clearly communicate the copyright status of digitized cultural heritage works, promoting their reuse. However, it can be tricky for institutions to determine correct statement usage through the site without additional context. The Rights Statement Selection Tool [bit.ly/RSSTOOL] is an interactive infographic that serves to visually explain the statement selection workflow, allowing a copyright novice to identify the correct statement through decision tree alone. This legal tool lets cultural heritage institutions assign rights statement review work to non-experts, potentially increasing the number of items that can be evaluated. It’s meant to be integrated into cataloging workflows: clickable links lead to each statement’s URI page, and it can be viewed in a browser alongside the RightsStatements.org site. The Tool serves as a complete visual reference to the statements: each is covered and explained. It aggregates relevant resources and serves as a structural bridge between related copyright status determination charts and Creative Commons charts. Donation agreements–often a source of confusion for rights statements reviewers–are covered as well. The Tool is, by design, as agnostic to national law as possible. The US-centered copyright status determination charts that feed into it (such as the Hirtle and Sunstein charts) could easily be swapped for resources reflecting other countries’ national law; the RightsStatements.org logic that it covers would remain unchanged, and so would the chart. As the RightsStatements.org standard goes global, this tool can be translated, adapted, and re-used beyond the US.  
    • The Search for a Service Model of Copyright Best Practices in Academic Libraries

      Lewin-Lane, Stephanie; Dethloff, Nora; Grob, Julie; Townes, Adam; Lierman, Ashley (Clemson University Press, 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.
    • Tried and True: Fair Use Tales for the Telling

      McCleskey, Sarah E.; Selby, Courtney (Clemson University Press, 2019-03-12)
      On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and more. This article discusses the examples and ideas presented during the program and offers resources for further study in the application of fair use.
    • Turning Wrongs into Rights: Implementation of RightsStatements.org at Washington University

      Zeller, Micah (Clemson University Press, 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.
    • Video Streaming Licenses: Using a Decision Tree and Workflow Chart

      Towery, Stephanie S; Price, Amanda K; Cowen, Karen E (Clemson University Press, 2019-03-14)
      This paper documents the results of a three-year process at a university library to develop a workflow for acquiring streaming video for use in face-to-face, hybrid, and online courses. The authors of this paper created two tools that guide their library in acquiring streaming video: the Streaming Resources Decision Tree (SRDT) and the Streaming Video Workflow Chart (SVWC). This paper describes the SRDT in depth, and the SVWC in brief. This paper describes the legal rationale behind the SRDT, which explores the limits of the right to fair use in U.S. copyright law.
    • Workshop on Models for Copyright Education in Information Literacy

      Hinchliffe, Lisa Janicke (Clemson University Press, 2019-07-09)
      The Workshop was organized the IFLA Information Literacy Section and the IFLA Copyright and Other Legal Matters Advisory Committee to provide a forum for discussing models for education on copyright, licensing, and related legal matters within the framework of library information literacy programs. With more than 14 countries represented, the papers and discussions were far-ranging and comprehensive, touching on issues of pedagogy, instructional design, learning theory, author rights, copyright limitations and exceptions, applications of the law nationally, international copyright, open access, and education for library and information science practitioners. The papers in this special issue started as presentations at the workshop but were further developed based on feedback and then through peer review before publication.