Scholarly Communication & Copyright

Good-bye to UF Scholarly Communication & Copyright Blog

2009-06-15T09:28:00.001-04:00

I will leave my current post at the University of Florida next week to become the Library Director at Gulf Coast Community College on July 1. I hope to begin another blog once I settle in there.

World Book and Copyright Day

2009-04-22T07:01:00.002-04:00

On April 23, 2009, UNESCO suggests exploring the topic of the paramount function of books for the development of quality education, as well as the link between publishing and human rights. Visit the World Book and Copyright Day site for more information on activities.

More than 100 countries will take part in the celebration of World Book and Copyright Day, proclaimed by UNESCO in 1996. Publishers, book shops, libraries, schools, cultural institutions and authors’ societies from all over the world have undertaken to celebrate the Day and promote the enduring importance of books.

Copyright Spinner for Section 108

2009-01-23T12:22:00.002-05:00

The American Library Association Office for Information Technology Policy (ALA OITP) has released its digital copyright spinner, a new tool for section 108. It is a helpful reference for preservation, ILL, and other library purposes.

ALA Report to Obama-Biden Transition Team: Libraries' Role in Changing America

2008-12-19T08:00:00.005-05:00

Following internal meetings to discuss the key issues and concerns that libraries must communicate to the new Administration, the American Library Association submitted a report to the Obama-Biden Transition Team entitled "Opening the 'Window to a Larger World': Libraries' Role in Changing America."

The report states that

"during this time of transition for our nation, libraries of all types...are resources the American public and new Administration can use to help people find jobs, support education and lifelong learning, provide access to information and telecommunications services, empower families, and enable civic engagement as well as promote literacy and connect communities."

In fact, public libraries are the sole source of no-fee access to the Internet for 73% of Americans without connectivity at home or work. This is especially important for people who use their libraries to gain access to e-government services, such as Social Security and Medicare information and tax preparation and filing. Although the demand for library services has increased with the economic downturn, library budgets are often the first thing cut.

Key issues discussed in the report include:

Broadband build-out and telecommunications
School libraries
Funding for library programs
Access and transparency in government
Access and civil liberties
Literacy and lifelong learning
Copyright

The following concerns are of particular interest and specific recommendations were made:

Recognize and fund libraries as critical access points for e-government services
Require all federal agencies to implement open access policies
Increase funding and develop long-range plans to maintain digital repositories for research and discovery of all types
Insist that all federally funded research reports be publicly accessible
Support library and information services for veterans, active-duty military and their families
Support amending the USA PATRIOT Act to protect user privacy and related civil liberties
Assure protection of personal information
To protect children, support legislation and fund programs that include Internet safety education and emphasize the importance of parental involvement instead of Internet blocking and filtering
Promote copyright law that balances the rights of the public and the rights of copyright holders as articulated in the U.S. Constitution
Advance fair use and other lawful uses of protected works by the public and libraries that serve them
Support library community participation in the World Intellectual Property Organization (WIPO) by meeting with library representatives prior to meetings to ensure diverse views are considered in the development of treaties
Support the library community's efforts to expand access to materials for the visually impaired
Seek input from the library community on potential candidates for Executive Office of the President Coordinator for Intellectual Property, the Chief Technology Officer, and head of the Copyright Office positions

View the report in its entirety for all of the recommendations.

Bad blogger! (Me, not Ramesh)

2008-12-18T14:38:00.004-05:00

Why is it that one has the least time to blog when the most interesting events are happening? November was filled with lots of travel for me. At the beginning of the month was the WIPO SCCR; I just posted the intervention I made on November 5th. Then came the conference on Traditional Cultural Expression. What an enlightening experience! The resources page offers a video, blog links, readings, and comments for anyone who wants to learn more.

Here's proof that I was hard at work :)

Ramesh Srinivasan presents "Divergent Cultural Notions of Knowledge Circulation and Property" as I moderate the panel "Emergent Technologies, Emergent Cultures: The Interface of Technology with Traditional Cultural Expression."

WIPO SCCR: Library Copyright Alliance Statement on Limitations and Exceptions for Libraries and Archives

2008-12-18T13:58:00.006-05:00

Mr. Chairman, the Library Copyright Alliance appreciates the opportunity to speak before this forum about an issue that is so central to libraries and the public. We would like first to congratulate Mr. Gurry on his appointment. We would also like to express our appreciation to WIPO for commissioning these important studies and hosting these informative sessions.

The Library Copyright Alliance is a coalition of the five major U.S. library associations: the American Library Association, Association of Research Libraries, Special Libraries Association, Association of American Law Libraries, and the Medical Library Association. We would like to offer this statement regarding copyright exceptions and limitations.

Effective copyright law must balance the interests of creators of intellectual works and the users’ rights to use protected works to further creative endeavour, learning and research. The exclusive rights of copyright held by the creator are tempered by exceptions and limitations for users. For libraries, copyright exceptions are critical to meeting our missions to support learning and research, promote the free flow of information, provide equitable access to information to the public, preserve cultural heritage and encourage free expression. Without limitations to copyright, the advancement of knowledge and innovation could not proceed. At the same time, libraries recognize the need for creators to be rewarded for their work and for creative works to be protected from unfair exploitation. It is noteworthy that content spending by the global library market is $22.5 billion.

It is the position of some that the current state of copyright protection sufficiently provides limitations and exceptions for libraries to fulfil their public service mission. Although copyright protections are mandated by international treaties and are required, most limitations and exceptions are optional, dependent upon the statutes in each country. This has resulted in great variations that are often in conflict with one another in a globalized, networked world. As protections have been strengthened and extended in this digital era, limitations and exceptions have not been addressed, creating a critical imbalance. And there is an integral link between limitations and exceptions and the fundamental human rights expressed in the United Nation's Universal Declaration of Human Rights: equality, the right to education, freedom of expression and the right to access culture and to share in scientific advancement.

Limitations and exceptions have grown in importance with the emergence of the digital economy. As we learned from his Study on Copyright Limitations and Exceptions for Libraries and Archives, Kenneth Crews found that at least 21 of the member states have no library exception in their copyright law. The copyright laws of some developing countries are more restrictive than developed countries. As the Development Agenda discussions in the CDIP have made clear, developing a global approach to exceptions to and limitations on copyright law is essential for access to knowledge and for economic and social development.

Recognizing that the formats and delivery mechanisms of knowledge will change over time and that copyright exceptions should be viewed in light of their situational use, we also suggest the need for a broad exemption like fair use. Creators and users of intellectual property alike benefit from fair use. For example, the publishing industry regularly asserts fair use when incorporating content from earlier works. Likewise, a computer scientist relies on fair use when reverse engineering a computer security threat.

Exceptions permit a range of activities that are critical to many high-tech businesses. The study conducted by the CCIA demonstrates that exceptions to copyright protection promote innovation, are vital to many industries, and stimulate growth. Companies benefiting from the broad exception of fair use generate substantial revenue, employ millions of workers, and represented one-sixth of the total U.S. GDP in 2006.

Copyright exceptions should make sense in the digital world where information is the primary currency. Currently, different rules apply to different formats, but all formats should be equal in terms of exceptions that apply to their use. For example, the laws limiting preservation copies to three or limiting use to the physical premises of the library are outmoded in a digital environment. Because there is no exception for long-term preservation, digitization projects are hampered. In many countries, the law does not allow for the preservation of websites and other digital content.

We believe that a robust and growing public domain provides new opportunities for creativity, research, and scholarship.

All works created by government entities or with government funding should be publicly available at no charge within a reasonable timeframe. Facts and other public domain materials, and works lacking in creativity, should not be subject to copyright or copyright-like protections.

Consistent with the Berne Convention, the term of copyright should be the life of the author plus 50 years. The term of copyright should not be extended retroactively.

Copying individual items for or by individual users should be permitted for personal research and study.

Copyright laws should not inhibit the development of technology where the technology in question has substantial non-infringing uses.

It should be permissible for a work that has been lawfully acquired by a library or other educational institution to be made available over a network in support of classroom teaching or distance education in a manner that does not unreasonably prejudice the rights holder. Subject to appropriate limitations, a library or educational institution should be permitted to make copies of a work in support of classroom teaching.

A library should be permitted to make copies of published and unpublished works in its collection for purposes of preservation or migrating content to a new format. In support of preservation, education or research, libraries and educational institutions should be permitted to make copies of works still in copyright but not currently the subject of commercial exploitation.

A library should be permitted to lend to others a work that has been lawfully acquired without further transaction fees to be paid by the library. Interlibrary loan is essential to the vitality of libraries of all types and sizes and is a means by which a wider range of materials can be made available to users. Libraries have an obligation to obtain materials to meet the informational needs of users when local resources do not meet those needs. However, interlibrary loan should be regarded as an adjunct to, not a substitute for, collection development in individual libraries.

Libraries and archives should be permitted to make available a copyrighted work after conducting a reasonable search for the rights holder without liability for unreasonable damages. Publishers, filmmakers, museums, libraries, universities, and private citizens, among others, have faced significant challenges managing risk and liability when a copyright owner cannot be identified or located. If a copyright holder emerges, statutes should provide for reasonable remuneration for the use without penalty.

A library should be permitted to convert material from one format to another to make it accessible to persons with disabilities. The exception should not be format-specific to allow for the use of technologically-advanced access mechanisms.

It should be permissible to for libraries and their users to circumvent a technological protection measure for the purpose of making a non-infringing use of a work. Implementation of anti-circumvention legislation in many nations exceeds the requirements of Article 11 of the World Copyright Treaty. It describes the only TPMs subject to legal protection against circumvention are those that: (1) are effective, (2) are used by authors to exercise copyrights, and (3) restrict acts not authorized by authors or permitted by law. Some countries have allowed TPMs that effectively eliminate existing exceptions in copyright law.

The goals and policies providing for exemptions are important statements of national and international principle and should not be varied by contract. A British Library study of 100 contracts offered to it found that 93% undermine the exceptions to copyright law, and therefore worryingly undermine the public interest.

The limitations and exceptions should not be over-ridden by other bi-lateral or multi-lateral agreements.

There is a need to clarify and re-state the role of limitations and exceptions for libraries in the digital age. Sharing information on national policies on limitations and exceptions and their fit within international law is an important first step to constructive work on these issues.

The Library Copyright Alliance supports limitations and exceptions to copyright for libraries as outlined in this document as a minimum. We endorse the proposal presented at the Sixteenth Session of the WIPO Standing Committee on Copyright and Related Rights by Chile, Nicaragua, and Uruguay for work related to exceptions and limitations. We believe that there is a need for this committee to adopt a work plan that will identify national models and best practices through regional and international seminars that involve librarians. We hope consensus is achieved on a recommended set of minimum exceptions and limitations for libraries with a situation-based and flexible exemption like fair use.

Thank you for your consideration.

Lori Driscoll, LCA

Day 2 of Information Sessions at WIPO SCCR

2008-11-04T18:09:00.003-05:00

Today was an exciting day for us at WIPO, with a discussion of the study on limitations and exceptions for people with visual impairments and the recently released study of limitations and exceptions for libraries. Cross-border issues were of great concern in the discussion of cooperation among intermediaries for making accessible copies of works for the visually impaired. To my amazement, the discussion of L&E for libraries was very supportive. Member states expressed interest and I'm optimistic that this will move forward on the work plan of the SCCR. We'll find out tomorrow, when the official meeting of the WIPO SCCR begins. One of the first agenda items is L&E.

WIPO SCCR 17th Session

2008-11-03T04:15:00.004-05:00

The 17th session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights is getting underway in Geneva today, beginning with information sessions prior to start of the official meeting. This morning, Sam Ricketson will present his paper on limitations and exceptions in the digital environment. This afternoon, Nic Garnett discusses automated rights management systems. Tomorrow, Judith Sullivan will present her study of limitations and exception for the visually impaired. There will be a luncheon discussion of technology for the visually impaired, sponsored by the World Blind Union. Kenneth Crews will discuss his study of limitations and exceptions for libraries and archives on Tuesday afternoon. The final information session is Wednesday morning, concerning audiovisual performances. The formal meeting of the SCCR is scheduled to begin Wednesday afternoon.

After many years of merely discussing av and broadcasters rights, it is very exciting to see the SCCR take up limitations and exceptions. We are all very excited to see what may emerge!

Preparing for WIPO SCCR

2008-10-20T15:00:00.004-04:00

The blog has been quiet lately as I've been preparing for the next session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights meeting in Geneva next month. Representing the Library Copyright Alliance, I've been reading position papers of other NGOs like IFLA, eIFL.net, EFF, and Public Knowledge to develop a statement for American libraries on Limitations and Exceptions to Copyright for Libraries.

It is significant that the WIPO SCCR member nations believe L&E for libraries is important enough to add to their working agenda. Over the past few years, studies regarding other L&Es have been commissioned (such as for the visually impaired). Recently, Kenneth Crews completed his study of L&Es for Libraries. In two weeks, Dr. Crews and the other authors of commissioned papers will present their findings to the committee.

Anti-NIH Public Access Law placed on hold, for now

2008-10-20T14:57:00.001-04:00

After the September 11th hearing, Library Journal reported that legislators had decided not to take action on the bill.

Public access policy challenge

2008-09-10T10:53:00.004-04:00

Library Journal reports that the Subcommittee on Courts, the Internet, and Intellectual Property of the House of Representatives' Judiciary Committee is scheduled to meet on September 11th to hear publishers' concerns that public access policies conflict with copyright and intellectual property laws. Although no text for proposed legislation has been released, it is reported that it is tentatively titled the "Fair Copyright in Research Works Act."

Publishers contend that public access policies, the NIH policy in particular, undermine publishers' ability to exercise their copyrights in published articles and threatens the intellectual freedom of authors.

Anticipating such concern, library organizations (ALA, ARL & SPARC) released a memo a year ago asserting that the policy does not create a statutory exception or limitation to copyright but rather requires as a condition of its grant of funding the agreement to make the article publicly available.

LJ also reports that submissions to PubMed Central in July 2008 were at an all time high of 3,999 compared to 721 in July 2007 when the program was voluntary.

Music Copyright Search

2008-08-26T09:46:00.002-04:00

I just found this page and thought it might be useful for folks who are seeking permission for using music. It is a copyright search guide from the Music Publishers' Association. But first take a look at the Guidelines for Educational Uses of Music developed by the Music Library Association to see if your use requires permission.

PIJIP and the AU Center for Social Media Release Best Practices in Copyright and Fair Use for User-Generated Content

2008-08-05T10:56:00.000-04:00

From the press release dated July 7, 2008:

The American University's Program on Information Justice and Intellectual Property (PIJIP) announces the release of a new code of best practices in fair use for creators in the burgeoning online video environment. The code was coordinated by PIJIP and the American University Center for Social Media, with support from the Ford Foundation through CSM s Future of Public Media Project. Back in January, we released a report on copyright and remix culture, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video (wcl.american.edu/pijip/), back in January. The code, which was made public on July 7, represents the next step. Collaboratively created by a team of media scholars and lawyers, these best practices will allow users to make remixes, mashups, and other common online genres with the knowledge that they are staying within copyright law. The full text of the code for user generated video is available at wcl.american.edu/pijip.

Until now, anyone uploading a video has run the risk of becoming inadvertently entangled in an industry skirmish, as media companies struggle to keep their programs from circulating on the Internet. As online providers have begun to negotiate with media companies, everyone has agreed that fair use should be protected. Before the code s release, there was no clear statement about what constitutes fair use in online video.

The code identifies, among other things, six kinds of unlicensed uses of copyrighted material that may be considered fair, under certain limitations. They are:

* Commenting or critiquing of copyrighted material
* Use for illustration or example
* Incidental or accidental capture of copyrighted material
* Memorializing or rescuing of an experience or event
* Use to launch a discussion
* Recombining to make a new work, such as a mashup or a remix, whose elements depend on relationships between existing works

For instance, a blogger's critique of mainstream news is commentary. The toddler dancing to the song "Let s Go Crazy" is an example of incidental capture of copyrighted material. Many variations on the popular online video "Dramatic Chipmunk" may be considered fair use, because they recombine existing work to create new meaning.

While you were away...

2008-08-05T09:26:00.012-04:00

My blog has been quiet while I've been traveling, but things have been busy in the world of scholarly communication and copyright! Let me try to catch up on the happenings of the past month.

New Copyright Tool
Carrie Russell at the ALA Office of Information Technology Policy and Michael Brewer at the University of Arizona library developed a handy slide rule for copyright compliance. It is available in print and digital form from ALA.

Balanced Interpretation of the Three-Step Test
The Max Planck Institute released a Declaration offering a balanced interpretation of the Three Step Test in international copyright law. The Three Step Test is a provision found in international treaties, especially the Berne Convention and TRIPs. It provides for exceptions to copyright law as long as those exceptions are confined to "certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder." The experts who drafted this Declaration, advised on its content, and signed it, comprise a group of highly experienced and authoritative commentators on international copyright law.

One objective of the Declaration is to offer an alternative to some of the more narrow interpretations of the test that limit the extent to which governments can protect users' rights and interests when drafting copyright law. The Declaration maintains that the test is not a series of hurdles that users must overcome; instead the steps should be considered together as a comprehensive overall assessment. The test allows exceptions based on the balance of competing considerations, including basic human rights and fundamental freedoms, competition, scientific progress, and cultural, social, and economic development.

Anti-Counterfeiting Trade Agreement (ACTA)
Those interested in intellectual property rights are following ACTA negotiations whenever information from the closed-door meetings becomes available. The concern is that the enforcement measures will further reduce fair-use rights to use copyrighted works in digital format. Although few details have surfaced from the negotiations, this concern is founded on a "Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement" written in October 2007 and leaked in May 2008.

Survey indicates students would use e-books more often if available

2008-06-26T08:49:00.005-04:00

From a press release dated 6/24/2008:

ebrary® announced the results of its first 2008 Global Student E-book Survey completed by nearly 6,500 students throughout the world, representing approximately 400 individual institutions. Register to receive a free digital copy. Designed by more than 150 college and university librarians throughout the world, the wide-scale survey explores students’ usage and perceptions of e-books. ebrary plans to periodically repeat the survey to compare how e-book usage and attitudes among students change over time.

Key findings of the 2008 Global Student E-book Survey include the following:

On research or class assignments, e-book usage is on par with print books, with almost equal numbers of students using each type.
Fifty-one percent of students would “very often or often” opt to use electronic versions of books over print versions, compared to 32% who “sometimes” prefer e-books and 17% who always use the print version.
E-books rank among the top resources students consider trustworthy, along with print materials such as books, textbooks, reference (dictionaries, encyclopedias, maps), and journals.
Google and other search engines are indicated by the highest number of students for use in research or class assignments. Other top resources include e-books, print books, e-reference resources such as online dictionaries, encyclopedias and maps, and Wikipedia.
Fifty-seven percent of students view instruction in information literacy as very important, compared with 38% who consider it somewhat important and only 5% who find it not important.

New Create Change Bookmarks

2008-06-12T11:07:00.002-04:00

Create Change released a series of bookmarks to encourage open scholarly communication. The series invites four categories of scholars (humanists, mathematicians, social scientists, and biologists) to "Get more from your research. Share it."

Dr. Linda Hutcheon, Professor of English at the University of Toronto, recommends "Putting our work in an institutional repository" which "has the advantage of getting us priority on search engines. It makes our work more accessible and therefore it potentially has more impact."

Dr. David Morrison, Professor of Mathematics at UC Santa Barbara, states that "The nature of the scientific enterprise is founded on free and open communication of results. To reach a broad audience of other scientists may require new techniques of communication."

Dr. Carolyn Kenny, Professor of Human Development at Antioch University, predicts that "There is a revolution because of open access. It allows for much quicker communication and more communication internationally. It will change the way people learn and do things."

Dr. Gary Ward, Professor of Microbiology at the University of Vermont, encourages that "To maximize scientific progress, it’s critical that everyone has full access rather than be handcuffed with barriers to information. The more eyes looking at the data, the more we will learn."

The bookmarks, available under a Creative Commons Attribution-Noncommercial license, are suitable for libraries as well as offices where graduate students are counseled for theses and dissertations.

New Blog: Students for Open Access to Research

2008-05-14T13:11:00.005-04:00

Open Students is a blog related to open access to which students, faculty, librarians, and others can post on OA issues relevant to students. Current categories of discussion include:

Journals
Lack of Access
Open Access
Opportunities
Self-Archiving
Student Activism
Student Journals
Student Outreach

Check them out!

Section 108 Study Group Report Recommendations

2008-05-09T09:35:00.004-04:00

The Section 108 Study Group is an independent group assembled by the Library of Congress and the US Copyright Office. They were charged to provide recommendations for updating Section 108 of the Copyright Act (§ 108. Limitations on exclusive rights: Reproduction by libraries and archives) specifically in light of new technologies. Ultimately, the findings are to be used to draft legislation for Congress. There were three categories for these findings: recommendations for legislative change, conclusions on other issues, and additional issues. The first section is the only one in which specific legislative solutions are proposed and it contains broad language that can be interpreted many ways.

The group was able to agree that

Museums should be eligible institutions under section 108.
The current minimum qualifying criteria should be retained AND libraries and archives should be required to meet additional eligibility criteria: they must have a public service mission, employ trained staff, provide the normal professional services, and possess a collection of lawfully acquired materials.
A library or archives should be allowed to authorize outside contractors to perform some activities on its behalf as long as the contractor is only receiving compensation for the contracted work, does not retain copies other than is necessary to provide the contracted service, and the rights holder can obtain remedies for infringement by the contractor.
No liability should be imposed on libraries when copyright infringement occurs through "unsupervised use of reproducing equipment located on its premises" including that which is owned by the user as long as there are copyright notices in public areas.

More ambiguous recommendations were made for preservation and replacement activities. The recommendations for preservation include a long list of qualifications to be met to determine which institutions are included in the exception and suggests limiting copies to those which are "reasonably necessary" in addition to "restricting access." There are recommendations to the "three-copy rule" which permits libraries to make up to three copies of a published work for replacement purposes. The groups suggests changing this to allow "a limited number of copies as reasonably necessary" to create and maintain "a single replacement copy" and attaches the condition that a "usable" replacement copy is not available at a "fair price" while suggesting that "there may be circumstances under which a licensed copy of a work qualifies as a copy obtainable at a fair price."

The group was unable to form substantive recommendations regarding copies for users, including interlibrary loan. Additional issues identified included virtual libraries and archives, display and performance of unlicensed digital works, licenses and contracts, technological protection measures, e-reserves, pre-1972 sound recordings, and remedies. Academic libraries were hopeful that they would have recommended exceptions and limitations for the use of copyrighted works as electronic course materials that are not specifically addressed by the Copyright Act.

Support Orphan Works Legislation

2008-05-05T15:29:00.004-04:00

There is legislation in both the House and Senate (H.R. 5889, S. 2913) regarding orphan works -- those works whose copyright holder cannot be found. This legislation limits remedies in copyright infringement cases involving orphan works; that is, if the work is used without permission and a copyright holder later emerges, the copyright holder is entitled to reasonable compensation. Generally, these works haven't been used because of the fear of unknown liability. The House version of the bill includes a "dark archive" requirement that mandates that users file a notice to the U.S. Copyright Office before using an orphan work. The Senate version of the bill does not include a dark archive provision and is the recommended version.

Why is this important to scholars? The following talking points are provided by the American Library Association:

This legislation advances productive uses of culturally and historically significant works whose copyright holders cannot be identified or located, even after a reasonable search to locate rights holders is conducted.
The collections in our libraries, museums, state and local historical societies, and archives include a significant number of orphan works. These repositories with orphan works are not made publicly available by libraries for fear that rights holders will come forward, initiate legal action, and demand unknown amounts of compensation.
A dark archive requirement – mandating that users file a notice to the U.S. Copyright Office before using an orphan work – would be excessively burdensome for users, with little benefit to owners. Such a requirement will undoubtedly drive up compliance costs, and many institutions will require legal counsel to review the submissions prior to filing.
Despite extensive and costly searches to locate orphan work rights holders, without a legislative solution, the risk remains high for institutions that make these works publicly available.
Resolving the orphan works problem presents significant new educational opportunities because these works will be accessible and available to students, scholars, and the public.

Scholars will benefit from the use of these works and this legislation fills a significant gap in copyright law. Contact your Senators and Representatives to lend your support for orphan works legislation without a “dark archive” provision.

World Intellectual Property Day

2008-04-25T08:00:00.004-04:00

April 26th is World Intellectual Property Day. If you're interested, WIPO produced a nice poster (it is 8MB). Since 2000, WIPO and its Member States have celebrated World Intellectual Property Day with the goals of increasing public understanding of intellectual property and demonstrating the impact of IP on innovation and creativity in our world.

From the web site, the aims of World IP Day are:

to raise awareness of how patents, copyright, trademarks and designs impact on daily life;
to increase understanding of how protecting IP rights helps promote creativity and innovation;
to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe;
to encourage respect for the IP rights of others.

So celebrate: kiss a scholar!

Study of Graduate Education and the Public Good

2008-04-24T08:46:00.003-04:00

The Council of Graduate Schools has released its Study of Graduate Education and the Public Good today. The report provides quantitative data to support the economic advantage of graduate education programs and showcases alumni and their unique contributions. The executive summary is available at: http://www.cgsnet.org/portals/0/pdf/GR_GradEd-PubGood_excerpt.pdf.

Clarifying NIH Public Access Policy

2008-03-31T15:11:00.003-04:00

Authors have been trying to determine how their current publisher agreements fit with the new NIH Public Access Policy that goes into effect next week. Even copyright scholars are seeking advice from each other regarding the interpretation of the more subtle nuances of the requirements. Fortunately, Kevin Smith at Duke has written a brief guide. He emphasizes that there are three distinct elements:

Authors must retain sufficient rights in their articles to give NIH a license to make their work publicly accessible (this requires retaining these rights in copyright transfer agreements with publishers).
The article must be submitted to PubMed Central (PMC).
The author(s) will need to obtain the PMC reference numbers for the articles to include in subsequent documents for NIH (such as future grant applications, renewal requests, progress reports).

He goes on to suggest that universities need to create structures that support compliance and make it easy for authors to complete the steps outlined above. At the very least, it requires significant educational efforts but may indicate a need for an active role in copyright management.

Potential strategies:

Authors publish in journals that will deposit research in PMC
Universities create a license that gives the institution rights to deposit, educate researchers that such a license exists and may conflict with publisher agreements, and develop short-term compliance strategies
Universities provide comprehensive assistance to authors and develop a sample submission letter and author's addendum

In my role as a copyright specialist for the libraries, I am happy to assist authors and the greater University community develop local strategies for compliance.

The Economics of Fair Use

2008-03-28T10:47:00.003-04:00

Because the economic growth of nations is driven by the intellectual property of their people, the balanced protection of IP creates the necessary incentives for innovation and the structure for sharing results that yields an expansion of knowledge creation and economic prosperity. It is not a one-sided system but rather a perfectly balanced system, where those who create knowledge and those who use it contribute to economic growth.

While the economics of copyright-based industries have been studied extensively, there are few studies about the value of fair use. Last year, the Computer & Communications Industry Association released a study of the Economic Contribution of Industries Relying on Fair Use. In the Preface the CEO of CCIA, Ed Black, states that, "Balanced copyright law – the sort envisioned by the Framers of the Constitution – was once the law of the land. Unfortunately, the past decade has seen a slow erosion of this balance. This study illustrates that this erosion is not merely a philosophical issue; it endangers our economic growth and threatens millions of jobs."

Significant findings include:

The fair use economy in 2006 accounted for $4.5 trillion in revenues and $2.2 trillion in value-added, roughly one-sixth of total U.S. GDP. The most significant growth occurred in electronic shopping, audio and video equipment manufacturing, Internet publishing and broadcasting, Internet service providers and web search portals, and other information services.
It employed more than 17 million people and supported a payroll of $1.2 trillion. About one out of every eight workers in the United States is employed in an industry that benefits from the protection afforded by fair use.
It generated $194 billion in exports and rapid productivity growth.

What are the industries based on fair use? The most obvious examples for an academic include those based on scholarship (teaching) and research (product development). But it also includes Internet-based and high-tech businesses including web hosting, search engines, and software development. The growth of these businesses supports is beneficial for supporting industries such as fiber optics, consumer hardware, and communications. Because fair use also allows consumers to make personal copies of copyrighted material, such as recording television programming and moving digital music from one device to another, it supports the manufacturing and sales of related equipment.

But once again, it must be emphasized that the economics of copyright depend on a balanced system, not one that lacks economic incentives for creation. Civil society recognizes that this balance is necessary, so discussions of exceptions and limitations to copyright laws should never be reduced to the simple argument that "one side just wants everything to be free." Creators, producers, and distributors contribute to this system and should recognize the important economic contributions of the industries dependent upon this balance.

WIPO Copyright Committee Meeting

2008-03-17T15:02:00.003-04:00

It was a quite a trip to Geneva. As I mentioned in my previous post, I attended the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights (SCCR) as a representative for the Library Copyright Alliance. The agenda consisted of three main issues: protection of audiovisual performances, protection of broadcasting organizations, and exceptions and limitations. The main purpose of this meeting was to establish a work program for the committee; there will be a longer meeting later this year after additional information is gathered and reported.The AV Performance issues are being examined at the General Assembly level, so delegates spoke mostly to inform that process. The Broadcast Organization (BO) issues have been discussed for over 12 years with no consensus; it was concluded that further work was needed to define the objectives, scope, and object(s) of protection.

It was a very good sign that exceptions and limitations (E&L) for libraries, distance education, and the visually-impaired appeared on the agenda. Brazil, Chile, Nicaragua, and Uruguay submitted a proposal that elaborated on a 2005 Chilean proposal suggesting an informational meeting to review existing and forthcoming studies on E&L and to prepare a comprehensive work plan. Three existing studies include the WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment, WIPO Study on Automated Rights Management Systems and Copyright Limitations and Exceptions, and the WIPO Study on Copyright Limitations and Exceptions for the Visually Impaired. Kenneth Crews has been commissioned to publish a study on E&L for libraries, which the WIPO chair expects to be released this quarter. The committee requested that an additional study be undertaken regarding E&L for educational activities and distance education, including transborder aspects.

I had the opportunity to submit an intervention to the committee. We were only allowed three minutes, so my original statement was whittled down to just the basics that the LCA wanted me to communicate. The full text of the statement I read is available at the site of this press release.

I'm looking forward to the study on E&L for libraries, a possible study on distance learning, and following up at the next meeting. This is such a critical time for librarians and educators to be involved on an international level.

World Intellectual Property Organization Standing Committee on Copyright and Related Rights

2008-03-06T15:52:00.004-05:00

I fly to Geneva, Switzerland tomorrow to attend the 16th session of the WIPO SCCR on behalf of libraries in my role as an International Copyright Advocate. There is an ambitious agenda, including items on protection of audiovisual performances, protection of broadcasting organizations, and exceptions and limitations. These are all important issues for libraries and academic institutions. Libraries rely on exceptions and limitations on copyright in order to place materials on course reserve, loan materials to other libraries, preserve materials, and so on. Additional protection for audiovisual performances may affect course reserves or distance learning, while additional protection for broadcasting may include contributory liability, making libraries or their academic institutions responsible for infringing acts of patrons, students, or employees.

Why do we care about international copyright law? We have seen the impact of WIPO treaties on U.S. copyright law. After the U.S. signed the WIPO Copyright Treaty, Congress was instructed to amend U.S. law to comply with this treaty. The Digital Millennium Copyright Act is the result. Treaties are one way for the executive branch to circumvent our democratic legislative process.

So I will update the blog as I am able during these discussions. I believe it will be an exciting week!

Seeking permission to use music

2008-02-29T09:47:00.005-05:00

Most often in my work, I review printed materials and determine whether or not they can be digitized for electronic course reserves or other library services. When I'm asked how to seek permission to use music on a web page I cringe, because the answer is a little more complex and takes me out of my comfort zone. I'll provide some resources here, mostly for my benefit, so I have somewhere to run when a student asks me this question. But remember that there are situations under which copyright law allows "fair use" without permission.

Music permissions are more difficult because there are two types of permissions to seek: one for the performance and one for the original creative work. To request permission from the performer, you'll need to contact one of three performing rights organizations. Performers can only be registered with one and a statement about membership may be listed on the label of the recording:

American Society of Composers, Authors and Publishers
www.ascap.com

Broadcast Music, Inc.
www.bmi.com

SESAC (originally, "Society of European Stage Authors & Composers" and now just SESAC because its scope has broadened)
www.sesac.com

But you must also seek permission for the music itself. The Music Publishers' Association is an excellent resource that has directories and sample permission letters. Many of the record companies will clear rights for music on their labels, so you may also contact the record companies directly. The Harry Fox Agency (www.harryfox.com) is another resource.

Learn more about what you can do with recorded music without permission.

From the RIAA:

Internet Copying

* It’s okay to download music from sites authorized by the owners of the copyrighted music, whether or not such sites charge a fee.
* It’s never okay to download unauthorized music from pirate sites (web or FTP) or peer-to-peer systems. Examples of peer-to-peer systems making unauthorized music available for download include: Kazaa, Grokster, WinMX, LimeWire, Bearshare, Aimster, Morpheus, and Gnutella.
* It’s never okay to make unauthorized copies of music available to others (that is, uploading music) on peer-to-peer systems.

Copying CDs

* It’s okay to copy music onto an analog cassette, but not for commercial purposes.
* It’s also okay to copy music onto special Audio CD-R’s, mini-discs, and digital tapes (because royalties have been paid on them) – but, again, not for commercial purposes.
* Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
o The copy is made from an authorized original CD that you legitimately own
o The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying.
* The owners of copyrighted music have the right to use protection technology to allow or prevent copying.
* Remember, it’s never okay to sell or make commercial use of a copy that you make.

There are sites where you can legally download music.

Are we ready to take baby steps?

2008-02-21T09:13:00.002-05:00

Now that Harvard has joined the ranks of about a dozen other institutions worldwide that require researchers to publish their articles in open access journals or repositories, is it time for UF to join the ranks of many research institutions that recommend it to their researchers?

Are we ready to look at open access textbooks? Can we urge faculty to retain some rights to their work to use it in their own online course readings?

What are the baby steps we can take to ensure academic materials that our own researchers produce are available to the institution that supports them?

Librarians assist researchers with NIH mandate

2008-02-18T11:37:00.003-05:00

The Association of Research Libraries is helping research institutions comply with the public access mandate for NIH-funded research. "The NIH Public Access Policy brings with it obligations as well as benefits for researchers and their institutions. Research administrators (e.g. sponsored research offices) will be responsible for the institution’s compliance as grantee, but other campus stakeholders have roles to play as well."

By April 7, 2008, articles accepted for publication must be deposited in PubMed Central. (See "How To Deposit" for more resources.)

By May 25, 2008, anyone submitting an application, proposal or progress report to the NIH must include the PubMed Central reference number when citing articles arising from their NIH funded research.

Harvard faculty require open access for research

2008-02-14T11:36:00.005-05:00

Here's the full text of the motion that passed unanimously:
"The Faculty of Arts and Sciences of Harvard University is committed to disseminating the fruits of its research and scholarship as widely as possible. In keeping with that commitment,the Faculty adopts the following policy: Each Faculty member grants to the President and Fellows of Harvard College permission to make available his or her scholarly articles and to exercise the copyright in those articles. In legal terms, the permission granted by each Faculty member is a nonexclusive, irrevocable, paid-up, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do the same, provided that the articles are not sold for a profit. The policy will apply to all scholarly articles written while the person is a member of the Faculty except for any articles completed before the adoption of this policy and any articles for which the Faculty member entered into an incompatible licensing or assignment agreement before the adoption of this policy. The Dean or the Dean’s designate will waive application of the policy for a particular article upon written request by a Faculty member explaining the need.

To assist the University in distributing the articles, each Faculty member will provide an electronic copy of the final version of the article at no charge to the appropriate representative of the Provost’s Office in an appropriate format (such as PDF) specified by the Provost’s Office. The Provost’s Office may make the article available to the public in an open-access repository.

The Office of the Dean will be responsible for interpreting this policy, resolving disputes concerning its interpretation and application, and recommending changes to the Faculty from time to time. The policy will be reviewed after three years and a report presented to the Faculty."

NIH-funded research must be made available to the public via PubMed Central

2008-02-14T09:28:00.006-05:00

Open access to publicly funded research allows researchers to build upon the work of others to further advance knowledge for the public good. While much of the research is done at academic institutions, the same institutions pay to receive the results of the research in journals whose subscription prices have skyrocketed several times the rate of inflation.

The federal government spends over fifty five billion dollars annually to fund research in a variety of fields (ACRL Legislative Agenda). "Research sponsored by the National Institutes of Health alone results in over 60,000 peer-reviewed articles per year." On December 26, 2007, President Bush signed the Consolidated Appropriations Act of 2007 (H.R. 2764). This mandates that the National Institutes of Health (NIH) provide online public access to findings from its funded research. Effective April , 2008, researchers will be required to deposit electronic copies of their manuscripts into PubMed Central.

Researchers who must comply with these requirements can find out more:
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html
http://www.pubmedcentral.nih.gov/