Monday, March 01, 2021

Article - Checking Rights: An IR Manager’s Guide to Checking Copyright

I came across this 2019 article and think some might be interested in it.  

Citation:

Baker, S., & Kunda, S. (2019). Checking Rights: An IR Manager’s Guide to Checking Copyright. Journal of Copyright in Education & Librarianship, 3(3), 1-29. https://doi.org/10.17161/jcel.v3i3.8248

Abstract:

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.

Friday, February 26, 2021

Fair Use in a Digital World

Fair Use Week logo
It is the end of Fair Use Week.  Interestingly, this was also the week in my ALA copyright eCourse that discussed fair use, so I've been thinking about it, even if I've not written much here. Thankfully - checking Twitter - others have been writing about it a lot.   

 I stumbled across a post on the Fair Use Week website entitled The Digital Millennium Copyright Act Promotes Creativity. I don't naturally think of the DMCA as protecting creativity, but the article reminded me of take-down notices. Take-down notices can stifle creativity and personal opinions, but the person can challenge the notice. As the post notes, there is move to change how the take-down notices work, which would smother creative efforts.  Read it to learn how.

How does this relate to fair use? The writer looks back to when the DMCA was originally drafted:

In drafting the DMCA, Congress protected fair use; according to a 1998 Senate report, “[t]he Committee [on the Judiciary] determined that no change to section 107 was required because section 107, as written, is technologically neutral, and therefore, the fair use doctrine is fully applicable in the digital world as in the analog world.”
This is an important reminder. Fair use isn't just for print. Fair use works with digital materials. Yes, we need to exercise our fair use muscles everywhere!  When a publisher tells you that you need a license to use something - or automatically grants you a license during the pandemic - consider if you can rely on fair use.  Likely you can!

Wednesday, February 24, 2021

Webinar: Fair Use Gone Viral: Predicting the Future of Copyright

Logo for Fair Use Gone Viral webinar
This just popped into my inbox!  I am huge fan of Kenny Crews, so I've signed up for this and hope you will too.  The event is free.

Friday, March 26, 2021 2:00 pm
Eastern Daylight Time (New York, GMT-04:00) 

Description: Courts keep deciding cases—but the context of teaching, publishing, news reporting, and entertainment has changed radically during the COVID-19 pandemic. Many of the legal challenges and consequences now unfolding will be with us long after the pandemic has ended. It’s incumbent on librarians and educators to develop an understanding of fair use that recognizes its strengths and flexibility. In this free webinar, esteemed copyright expert Kenneth D. Crews will lead you on an exploration of some of the latest legal cases involving fair use, considering new possibilities and their implications specifically for librarianship and education. You’ll learn the legal ramifications of what Crews has deemed an “evolving normal,” with heightened demand for remote education, work from home, and online content, and you’ll learn where fair use fits into these contexts.

Participants will receive a coupon for a $5 discount on Crews’s book Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions, Fourth Edition.



Monday, February 22, 2021

Fair Use Week: Can Fair Use Survive the CASE Act?

The Copyright at Harvard Library Blog is starting Fair Use Week with a guest post from Kenneth Crews on Fair Use and the Case Act.  Crews begins:

When Congress thinks of COVID, it seems to also think about copyright.  Congress made that connection at a critical moment this last December.  Embedded in the appropriations bill that gave emergency funding to citizens in need, was a thoroughly unrelated provision establishing a copyright “small-claims court,” where many future infringements may face their decider.  The defense of fair use will also be on the docket.

I encourage you to go over there and read the post.

Fair Use Week logo


Sunday, February 21, 2021

Feb. 22: The End of Library Ownership? A Fair Use Week Discussion

I thought I had posted this, but I hadn't.  Yes, there is still time to register!