• Breakout Session: How Networking on Campus Can Increase Copyright Education. Presented by Rebel Cummings-Sauls, Director of Center for the Advancement of the Digital Scholarship (CADS), Kansas State University Library and Rachel Miles, Digital Scholarship Librarian, Kansas State University Library.

      Li, Yuan (Clemson University Press, 2018-02-26)
      As online academic interactions continue to become more complex in the digital age, interaction with online copyrighted content inevitably increases. As a result, university faculty, researchers, students, and staff have a responsibility to understand how to legally reuse content to avoid copyright infringement incidents. However, campus community members are often unaware of how copyright pertains to their online activities and the potential risks involved in their misuse. The session presented by librarians Rachel Miles and Rebel Cummings-Sauls discussed their networking and collaboration efforts on campus to extend copyright education to a wider community at Kansas State University, including outreach, education, and consultation from the Center for the Advancement of the Digital Scholarship (CADS). During the session, a hands-on practice was also provided for audiences to identify the common partners on campus and to create partner webs for their own institutions.
    • Breakout Session: International Treaties, Copyright Law, and the Future of the U.S.A. Presented by Kenneth D. Crews, attorney, Gipson Hoffman and Pancione.

      Aagaard, Posie (Clemson University Press, 2018-02-26)
      Nearly every nation in the world enacts laws that explicitly govern domestic copyright, dictating rights reserved for authors and specifying other important legal terms. Both geographical borders and the less well-defined borders of the internet affect determinations of copyright. On a global scale, nations enact international copyright treaties to achieve harmonization of certain aspects of copyright law that would otherwise create challenges or conflicts in enforcement of policies between individual nations. However, member nations may need to adjust domestic laws to bring them into alignment with the terms of the international treaties. International law expert Dr. Kenneth Crews discussed the evolution of copyright law and described how precedents set by some nations historically influenced geographic and sociopolitical peers. He also discussed how existing international copyright treaties address issues that continue to reveal weaknesses or compelling needs that cannot easily be served through existing copyright law. Lastly, Dr. Crews provided an update on the landmark 2013 Marrakesh VIP Treaty, which establishes special copyright provisions to accommodate individuals with print disabilities, and reported on his work commissioned by WIPO to study the status of copyright law exceptions in nations around the world.
    • Breakout Session: Leveraging Licensing to Increase Access

      Polchow, Michelle (Clemson University Press, 2018-02-28)
      The Affordable Course Materials Initiative (ACMI) is a library-driven program established by University of California, Los Angeles (UCLA), designed to leverage existing library resources, encourage open educational resources (OER) content creation, identify cost-effective digital projects and modify existing license agreements in order to create reduced cost course materials for students, as an alternative to rising commercial textbook costs.  The faculty incentivized program encourages instructors to partner with the library to leverage free or low-cost resources, adjusting syllabi and assignments as needed.  ACMI’s two-year pilot resulted in convincing evidence that the service supported a broad and diverse range of campus disciplines, achieved substantial cost savings, served as a catalyst for community building with multiple stakeholders, and gained campus administration recognition with an ongoing commitment of financial support to permanently integrate the initiative as an ongoing component of library services. 
    • Breakout Session: Mapping the Copyright Constellation: Charting Campus Partners to Create Copyright Instruction Your Students Will Care About.

      Beck, Susan E (Clemson University Press, 2018-03-08)
      This is a report on North Carolina librarians Will Cross, Molly Keener, and Lillian Rigling’s presentation at the 2017 Kraemer Copyright Conference where they advocated building campus partnerships to teach students about U.S. copyright law in a way that is both meaningful and pertinent. Each presented a case study in which presenters worked with faculty to develop course integrated copyright instruction. Two of these were successes while the third produced uneven results. 
    • Breakout Session: Negotiating Publishing Contracts. Presented by Ana Enriquez, Copyright Specialist, University of Michigan Library Copyright Office.

      Sinn, Robin N. (Clemson University Press, 2018-02-26)
      A summary of Ana Enriquez’ presentation, “Negotiating Publication Contracts” is provided. Negotiation tips, tricky contract clauses, and resources for help were part of Ana’s interactive breakout session.
    • Breakout Session: New and Notable in Copyright Law. Presented by Nathaniel Edwards, counsel, Lewis, Roca, Rothgerber, and Christie.

      Beck, Susan E. (Clemson University Press, 2018-02-26)
      U.S. copyright law is a continually changing landscape, especially for educators and librarians. To help update those working in educational institutions, this report showcases new developments in federal case law regarding fair use. The three cases profiled show the courts current tendency to favor fair use. Other topics presented comprise new U.S. Copyright Office procedures for designating DMCA agents and ways to best respond to demand letters sent by photo licensing houses.
    • Breakout Session: View from the Bleachers: Applied Skills in Finding and Using Free Media Resources. Presented by Barbara Waxer, Santa Fe Community College.

      Landis, Cyndi Lea (Clemson University Press, 2018-02-26)
      The purpose of copyright is to promote the creation of creative content; however, copyright confusion can make students and creators feel limited or intimidated from using media in their work. At the 2017 Kraemer Copyright Conference, Barbara Waxer presented a resourceful session about copyright and Creative Commons licensing through the eyes of information consumers and creators who in essence just want to know whether they can use a certain song, photo, or media source. Waxer’s breakout session highlighted the decision-making process for the copyright conscious by presenting easy-to-use flow charts and online resources that clearly explain Creative Commons licensing, with hopes that librarians can use these tools for teaching copyright at large.
    • Breakout Session: “Workshopping” Copyright Questions and Practical Solutions. Presented by Kyle Courtney, Copyright Advisor, the Office for Scholarly Communication, Harvard University.

      Van Stanley, Zach (Clemson University Press, 2018-02-26)
      During a breakout session at the 2017 copyright conference, Kyle K. Courtney led a discussion focused on practical solutions to common copyright issues. Foremost among these is risk assessments, which involve judgments of risk versus reward. Kyle recommends taking reasonable steps to minimize risk through steps such as disclaimers, fair use, and identifying authorship. To combat copyright issues, copyright professionals must have proper awareness of each individual situation. Given the resources and skills available to librarians, Kyle advises that librarians have special abilities to handle issues such as orphan works. To make judgment calls, individuals must take information on a case-by-case basis. In addition to understanding individual objects concerning their copyright status, information professionals must also understand the different views taken by rights holders, as some are more open than others to use of the copyrighted object. Kyle also discussed what is copyrightable based on measures such as tangibility in a fixed medium and the somewhat unreliable “sweat of the brow” test. Kyle also gave useful tips such as utilizing 17 U.S. Code § 108(h) to copy works in their last 20 years of copyright terms without permission under certain circumstances. Kyle recommended continued exploration of potential solutions for copyright issues as new and novel issues arise.
    • 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.