The copyright librarian a practical handbook

Questions related to determining fair use and fair dealing, recognizing infringement, knowing how, why, and where to obtain permission if necessary or copyright-free materials as an alte

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The Copyright Librarian

A Practical Handbook

LINDA FREDERIKSEN

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Table 5.3 Scholarly Communication/Copyright as a Functional Area (Set 2) 54

Table 7.1 Sample Knowledge, Skills, and Abilities of a Professional

Development Plan for Electronic Rights Management 79

Linda Frederiksen is the Head of Access Services at Washington State University Vancouver, where she previously held the position of Interlibrary Loan and Document Delivery Librarian Linda received a Bachelor of Arts degree in History and French from Central Washington University Before receiving a Master of Library Science degree from Emporia State University

in Kansas, Linda worked in both public and academic libraries She is active

in local, regional, and national organizations; projects and initiatives advancing resource sharing; and equitable access to information She is the coauthor of Global Resource Sharing and holds a post-master’s certificate in Copyright Management and Leadership from the University of Maryland Center for Intellectual Property

There are all kinds of literacies—information, financial, multicultural, visual, health, political, digital, and more Within this spectrum, copyright literacy means having the knowledge and skills to identify and manage copyright-protected materials ethically, effectively, and efficiently We are surrounded everywhere by copyrighted materials that we access and use them in a seemingly limitless number of ways It is critical that every informed citizen understand the implications and consequences of copyright, not only to comply with legal requirements but also to be better information consumers

At the same time, just the mention of the word “copyright” causes what Columbia University librarian emeritus James Neal has called the MEGO (My Eyes Glaze Over) effect Copyright law is unabashedly con-fusing, frustrating, in some places intentionally vague, and in others need-less prescriptive Despite centuries-old traditions, the current copyright climate is frequently quarrelsome, with content creators, rights holders, and users often in conflict about what is and is not an exception, a limita-tion, or an infringement of law, policy, or practice Place those issues into

a technological environment, where information types, devices, formats, delivery mechanisms, and platforms are constantly changing, and it’s not difficult to see that copyright is for nearly everyone a challenge

Libraries play an important role as a balance point between two major components in this equation, respecting the rights of information owners alongside information users If you judge this book solely by its cover, the centrality of libraries in the copyright equation is obvious While library and information professionals understand the importance of copyright to their daily work, most are not fluent in the more complex areas of the law Questions related to determining fair use and fair dealing, recognizing infringement, knowing how, why, and where to obtain permission if necessary or copyright-free materials as an alternative, and how to instruct others in these details are topics most library administrators, librarians, and staff may be uncomfortable answering

Although accredited library and information science (LIS) schools mention ethical use of information as a competency, most graduates receive very little focused instruction in copyright There are a number of both good and not-so-good reasons for this lack of formal preservice training in

something that is so integral to all that a library says and does The reality is that because the skill set needed to succeed as a copyright librarian is broad, and the environments where a specialist might work varied, the path to specialization is generally through networking, professional development, and continuing education.

It is a steep hill to climb to become proficient working with copyright law, but once there a librarian’s skill set and career can truly expand Going beyond providing assistance and guidance to users, copyright librarians also develop educational programs and events surrounding copyright and fair use, advocate for these programs in a larger community, and occasionally become leading voices in national discussions about copyright reform

Like many others in these positions, I am a de facto copyright specialist

It’s not part of my job title, and I received little or no instruction in copyright law during my MLS program I should point that I am also not an attorney and am well aware of the fine line between providing information and giving legal advice As an access services librarian, copyright questions keep finding their way to my desk Originally these queries concerned electronic reserves, interlibrary loan, and distance education, but as tech-nology changed, so did the questions Increasingly, my work has to do with the use of images and other media in learning management systems

I can remember the moment when a faculty member called to ask how

to copy and paste an image scanned from a textbook into a manuscript she was writing and thinking, wait a minute—this is not a word-processing problem I had reached a point in my career when I simply wanted and needed to know more about the copyrighted materials that generated these questions At that point, I began looking for continuing education and professional development opportunities that would move me farther along the road to copyright specialization It has been an extremely interesting and rewarding road to take When I started, I looked around for information that would aid me in my journey but didn’t find much I am hopeful that this book will fill the gap I saw at the time and will help those wishing to start, enhance, or change their own career path

Linda Frederiksen

Every day, library and information professionals around the world take on the task of providing guidance in the use of information Many of materials are copyrighted and many are not Just knowing the difference and how to appropriately handle each requires specialized knowledge and skills From answering questions at a reference desk, to delivering copyright education

to anyone who will listen, to arranging conferences and workshops, to advocating for better laws, legislation, and practices, this effort is not unlike copyright itself: frequently difficult, sometimes confusing, occasionally frus-trating, but always interesting And, so important To these copyright librarians, whose work is often unseen and unsung, thank you

Additionally, writing a book is hard I want to acknowledge and thank my family, friends, and especially my colleagues at Washington State University Vancouver for allowing me the time, space, and support needed to complete the task

The Copyright Librarian

Consider for a moment this statement, written nearly 10 years ago:

From the days of Sumerian clay tablets till now, humans have “published” at least

32 million books, 750 million articles and essays, 25 million songs, 500 million images, 500,000 movies, 3 million videos, TV shows and short films and 100 billion public Web pages All this material is currently contained in all the libraries and archives of the world.

Kelly (2006)

Since that time, the number of ideas transfixed into tangible media and now including e-books, maps, photographs, films, music, radio broadcasts and streams, podcasts, Web pages, blog posts, and more has continued to increase exponentially By 2015, WorldCat, the world’s largest and most comprehensive catalog of library resources, contained more than 2.2 billion items, with a new record added every 10 s (OCLC, 2015) Furthermore, according to the International Intellectual Property Alliance (IIPA), copy-right-related industries in the United States alone drew in more than US

$1.1 trillion in 2013, accounting for more than 6.7% of the US economy (Siwek, 2014) The reality of living in a digital age of ubiquitous informa-tion, communication, and delivery mechanisms means that we are, all of us, surrounded everywhere by copyrighted material

At the same time, the laws and practices that govern the use of these rials are neither simple nor easy to understand No stranger himself to its complexities, Mark Twain is said to have famously remarked: “Only one thing

mate-is impossible for God: to find any sense in any copyright law on the planet” (Twain & Paine, 1935, p 381) Indeed, when we try to approach copyright in any meaningful way, we generally come away from the encounter more confused than enlightened and with far more questions than answers Uncertainty, frustration, anxiety, and even anger are not uncommon responses

to the myriad social, political, economic, cultural, technological, and legal issues related to a bundle of intellectual property rights that has grown, developed, and changed over the years Although the law is meant to protect

the intellectual output of a country’s citizens and encourage them in creative pursuits and innovation, it does not always seem that this is the case.

Copyright is not a topic many enjoy While the desire to avoid the ficulties of information ownership and use may be our first inclination, it is

dif-no longer possible to do so For librarians and other information als, not only are we surrounded by copyrighted materials, we do much of our work based on exemptions granted through the laws of various coun-tries In a recent World Intellectual Property Organization (WIPO) report,

profession-of the 186 countries that were studied, only 33 (less than 18%) did not have some kind of library-specific exception as part of their national copyright law (Crews, 2014) In the United States and around the world, first sale, fair use and fair dealing, copyright exceptions and permissions, the Berne Treaty, open access, duration, moral rights and author’s rights are but a few of the ways that copyright law and practice intersect with libraries

Librarians who handle copyright questions within their institutions provide a necessary service that is well within the scope of our profession.

Libraries and copyright are intertwined It is, however, a common conception held by both librarians and nonlibrarians alike that because library staff generally are not licensed to also practice law, we are not quali-fied to engage in any meaningful way with issues related to copyright It is true that as librarians we cannot interpret the law or provide legal advice, as

mis-an attorney might At the same time, we do know mis-and care about the laws and practices under which we do our work In much the same way that health sciences librarians do not practice medicine by diagnosing illness or prescribing medication, librarians who handle copyright questions within their institutions provide a necessary service that is well within the scope of our profession Furthermore,

As a profession, we value equitable access to information, the privacy rights of users, the free flow of information, and preservation of the cultural record—grand ideas that are affected by copyright law and other information policies.

Russell (2004 , p 133).

It is the purpose of this handbook to provide a broad overview of nificant ways that libraries around the world are engaging in the work of copyright guidance, assistance, education, advocacy, and leadership Librari-ans may know and care about copyright and information access in general,

sig-yet how this is expressed in practice varies greatly As a result, this book is

written about those currently working as either a de facto or de jure expert in

the area of copyright as well as for those who are interested in knowing more It is written for students and working information professionals with solid analytical skills and the ability to adjust and adapt in a rapidly chang-ing, often contentious environment Someone who can serve as an interme-diary between information producers and consumers; someone who is knowledgeable about the law and providing access to information; someone who is well positioned within an organization to answer questions about copyright and provide accurate, relevant, and timely answers, as well as assis-tance and guidance when needed—in short, a copyright librarian

Before going any further, a definition is in order For simplicity and consistency, in these pages copyright librarianship and its related terms will refer to information professionals with a background and/or experi-ence in libraries and an interest in copyright Although not all copyright experts are attorneys and not all copyright specialists are librarians, the terms “librarian,” “specialist,” and “expert” are used interchangeably throughout the book There is such diversity in job titles, training, skills, workplace settings, organizational structures, geographic location, levels of service, types of support, range of activities, and more that it would be a mistake to limit our examination of the field by educational degree What these positions do have in common is that they are filled by dedicated

“individuals with the skill set, training and passion for copyright issues to serve as institutional focal points on copyright activities” (Kawooya, Veverka, & Lipinski, 2015, p 343)

But, who are these copyright librarians? How did they come to be in their jobs? What exactly do they do every day? How do they stay informed and current in a changing, confusing, and often discordant environment? Could I become a copyright librarian myself? If so, how might I prepare for this specialization? What knowledge and training is needed to take on a role

as a copyright specialist? What other career or professional development options are available? In these pages, you will find answers to these questions and more

1.2 INTENT AND DESIGN OF THE BOOK

This book is intended for librarians and other information professionals who are interested in entering or moving into copyright specialist careers

It is also for library and information science (LIS) students with an interest

in copyright, as it operates in library settings The purpose of this book is to look specifically at copyright specialists currently working in libraries around the world Written not for attorneys or legal experts, it is intended

to help students, librarians, information professionals, and others who may

be new to the field Likewise, it is written for managers and administrators, who may be considering creating or filling a copyright specialist position.Some of the topics covered in these pages include:

• A day in the life of a copyright librarian

• Copyright expertise as an emerging area of specialization within libraries

• Key concepts related to libraries and copyright

• Career opportunities and how to prepare for a job as a copyright specialist

• Useful current awareness and professional development resources and tools

• Taking the next step as a copyright expert

We begin with a look at copyright specialization as it is currently being practiced in different library environments around the world Chapter 2 pro-vides an in-depth focus on copyright librarianship and is drawn from the responses of a survey conducted by the author in 2015 This “day in the life” questionnaire elicited valuable information from and about working copy-right librarians in Canada, Europe, the United Kingdom, and the United States These interviews are a first-hand look at the challenges and opportuni-ties of copyright librarianship The results are interesting and may reinforce anecdotal evidence about copyright in libraries that is beginning to appear in the professional literature Quotes from these thoughtful personal reflections are included throughout the book

In the next section, we look more closely at the daily work of the right specialists interviewed as well as general concepts related to copyright in libraries The intent of this book is not to debate copyright law or policy, an awareness and understanding of how both play out in library environments is important The purpose in these chapters is to demonstrate how and why copyright and librarianship are such a natural fit for job specialization

copy-In Chapter 4, the variety of job titles, requirements, roles, and bilities of a copyright librarian are examined in relation to a content analysis

responsi-of job descriptions for copyright positions in academic libraries in the United States Despite a growing need and demand for copyright special-ization positions in libraries, LIS education has not kept pace Chapters 5 and 6 look specifically at copyright education and training both during and

after degree attainment While librarians are increasingly being called upon

to answer questions about copyrighted materials in information-intensive environments, most acknowledge that they have not been adequately pre-pared for these challenges Continuing education and professional develop-ment are essential components for those who become, either by design or default, copyright experts

In the final chapters, we conclude by looking ahead to what else can be done with specialized knowledge about copyright For many librarians and information professionals, developing expertise and gaining confidence in the area of copyright law and practice is just the beginning of a wide range

of exciting career, scholarship, and service opportunities Creating copyright education programs, advocating for copyright reform, and providing leader-ship on copyright issues that affect libraries both at home and abroad are a few of the ways that copyright librarians can take their skills, knowledge, experience, and expertise to the next level Appendices, suggested readings, and a glossary complete the volume

1.3 DISCLAIMERS

A word here about what this book is not First and foremost, it is not a legal handbook or comprehensive guide to copyright It is not about the history, discussion, or debate about the various acts and treaties, amendments, limi-tations, exemptions, case law, decisions, and appeals that surround copyright law around the world Mention may be made of documents that are impor-tant to an understanding of copyright law as it affects libraries, however the text of neither national law nor international treaty will be found here.Similarly, this book does not provide step-by-step instructions, checklists,

or yes/no answers to common or thorny copyright questions, nor does it try

to encompass every potential copyright scenario There are many fine ductory texts and articles as well as extensive, informative, and well-referenced books written by attorneys, legal experts, and scholars in the field that do just that Although references may be made to these resources, which can be found in the bibliography and suggested reading sections, it is not my inten-tion to duplicate or try to expand on that excellent work in these pages

intro-There are few areas of librarianship that combine this unique involvement in law and technology with instruction and public service.

Finally, in these pages, I strive to present a broad view of an emerging specialization in the library profession Despite many similarities in copy-right law around the world, many clear and significant differences remain not only in the laws themselves, but also in the balance between informa-tion creators, consumers, and intermediaries As a result, although copy-right experts can be found in libraries, educational institutions, corporate environments, and information agencies around the world, each works within the context of different laws, regulations, policies, practices, and populations These seemingly unlimited variables have significant implica-tions for the daily work of information professionals around the world An earnest attempt has been made to find out as much as possible about the work and environment of copyright specialists in other countries, and in doing so I’ve learned far more than I knew before starting this project I must acknowledge that despite these efforts, the results should not in any way be seen as comprehensive or universal Like many readers, I too have

an ever-evolving understanding of copyright and its impact and quences not only on my work, but also on the communities my library supports With that said, copyright librarianship offers many opportunities for career growth and satisfaction There are few areas of librarianship that combine this unique involvement in law and technology with instruction and public service Being part of the copyright equation is exciting, interest-ing, and never dull

conse-1.4 CLOSING COMMENTS

A great deal has been published about copyright, however relatively little has been written about copyright specialization from an information profession-al’s perspective Yet, the topic is one of the interest for libraries, librarians, and their parent institutions as can be seen both in our professional literature and

in a gradually increasing number of job announcements for professionals who are able to do this work These jobs are ones that demand specific knowledge on a wide range of topics including law, collections, and popula-tions It is also area for which many are not adequately prepared and who must create their own learning and networking opportunities to be successful

View this book not as a guide to the copyright law in libraries but as a snapshot of an emerging area of specialization within the LIS field Some chapters and sections will be of more or less interest, depending on individual points of entry into the profession and whether that was by design or accident,

planned, or unexpected Organized by topic, this practical handbook is ten for those with an interest in copyright in libraries It is meant to fill gaps

writ-in knowledge that may remawrit-in for writ-information professionals who are new or newly assigned to these positions in a library setting It is also designed to show those already working as copyright experts how to take hard-earned experi-ence and expertise to the next levels of outreach, advocacy, and leadership

View this book not as a guide to the copyright law in libraries but as a snapshot

of an emerging area of specialization within the LIS field.

With a background in access services that includes interlibrary loan, ument delivery, circulation, and reserves, the need to become knowledgeable about copyright came as part and parcel with my job Like many readers copyright education was not a part of my LIS coursework Copyright spe-cialization, as others have said, has a steep learning curve It has taken years of informal training and continuing education to get to this point One of my goals in writing this book was to gather together the many disparate publica-tions, research, commentary, case studies, and more that have influenced my own development as an accidental copyright specialist in my library and pass along some of that experience and knowledge to colleagues

doc-It is my hope that this book will give readers the information needed to pursue a program of specialized study or training, propose the creation of a new position, find a network of supportive colleagues, or advance a career, and to answer the question “Who would want to be a copyright librarian” with the response “Who wouldn’t?”

REFERENCES

Crews, K (2014) Study on copyright limitations and exceptions for libraries and archives Available

from http://www.wipo.int/edocs/mdocs/copyright/en/sccr_29/sccr_29_3.pdf Kawooya, D., Veverka, A., & Lipinski, T (2015) The copyright librarian: a study of advertising

trends for the period 2006–2013 Journal of Academic Librarianship, 41, 341–349.

Kelly, K (2006) Scan this book New York Times Available from http://www.nytimes com/2006/05/14/magazine/14publishing.html?_r=3&

OCLC (2015) Watch WorldCat Grow Available from https://www.oclc.org/worldcat/ watch-worldcat-grow.en.html

Russell, C (2004) Complete copyright: an everyday guide for librarians American Library

Asso-ciation, Office for Information Technology Policy.

Siwek, S (2014) Copyright industries in the U.S Economy Available from http://www.iipa com/pdf/2014CpyrtRptFull.PDF

Twain, M., & Paine, A B (1935) Mark Twain’s Notebook New York: Harper & Brothers.

All rights reserved.

A Day in the Life

2.1 INTRODUCTION

Whether the job title and position description includes librarian, advisor, clearance officer, specialist, manager, or something else, there are a growing number of professionals around the world working in the area of copyright Many are either librarians or attorneys Some are both, and others are nei-ther Most, but by no means all, work within the higher education sector Frequently operating as consultants, facilitators, educators, and guides, those working in these jobs also reflect changing legal, technological, communi-cation, and research environments both at home and abroad For those doing the work of copyright specialization, it is above all a job that is both challenging and interesting

As a starting point for a consideration of copyright librarianship, the content of this chapter is drawn primarily from responses to a questionnaire distributed in early 2015 The narrative account that follows is a composite

of some of the replies

2.2 A DAY IN THE LIFE OF COPYRIGHT LIBRARIAN

I start my day, like most of us do, by opening my e-mail In addition to eral organizational announcements, along with invitations to participate in various surveys, to submit paper proposals, and to attend continuing educa-tion events, there are a couple questions about copyright These will primarily

gen-be from academic staff, perhaps asking about how to upload a scanned article to an online course space, or whether permission is needed to use images found through Creative Commons in a forthcoming publication During that time, a message from a newly hired librarian may arrive, asking for clarification about whether a faculty member can put an article received through interlibrary loan on electronic reserve Other messages might be follow-up replies from the library archivist, authors or copyright holders, students, information technology staff, or the university’s general counsel’s office Today, one of the student clubs is planning a film festival and wants

to know if it’s okay to open attendance to the local community

If I’m scheduled on the reference desk that day, I might also have phone, in-person and instant messaging, or chat, conversations about copy-right with administrative staff and the public If I’m teaching a library instruction session for graduate students, I will field questions about elec-tronic theses and the institutional repository I’ll refer students to the library research guide I made that goes into more detail about copyright, fair use, and open access On the way back to my desk, the library manager may catch me in the hall and ask for a breakdown of costs comparing copyright permission payments and journal subscription pricing.

tele-Back online, I check through e-mail folders for new messages and updates I scan various discussion lists and forums, journal table of contents announcements, blog postings, RSS (Rich Site Summary) and Twitter feeds for current information about copyright and its subsidiaries, such as schol-arly communication, institutional repositories, open access, and the like Some days there won’t be much here, but on other days—such as when a legal ruling or decision is made that directly relates to copyright or fair use—these folders fill up quickly with news, comments, and discussion.Speaking of currency, I’m taking an online class on copyright issues and

I have some homework to do There are several assigned readings that I have

to finish and then comment on in the online discussion board Because I didn’t have any classes on copyright in library school, I feel like I’m always playing catch-up in terms of my knowledge in this area Identifying con-tinuing education opportunities and participating in professional develop-ment activities have become another important part of my day

The day is nearly over now but I’m scheduled to attend a faculty ing to discuss the use of streaming media in hybrid and flipped classes Before I leave, I take one last look at e-mail There’s a question from our disability services office, wondering how to get an accessible copy of a required textbook for a visually impaired student The publisher has been unresponsive to initial inquiries from the disability office and no one is sure how to proceed…

meet-I start my day, like most of us do, by opening my e-mail.

I’m not sure a typical day exists.

Although the preceding narrative is meant to give an idea of a typical day for copyright librarian, in reality no day is ever the same The seemingly infi-nite number of variables and nuances involved in this work make this job both interesting and exciting As one of the questionnaire respondents remarked, after looking at his or her own calendar, “I’m not sure a typical day exists.”

2.3 WHO ARE THE COPYRIGHT LIBRARIANS?

To answer these questions, and to add evidence to anecdotal information about these jobs, in early 2015, I asked LinkedIn, a worldwide professional networking tool with more than 300 million members in over 200 countries (LinkedIn, 2015) was used to identify subjects for the project Using “copy-right librarian” and “copyright specialist” as search terms, a list of 50 poten-tial interviewees with valid and current e-mail addresses was generated and

an invitation to participate was distributed A set of 12 interview questions (Appendix A) was sent to 34 individuals who responded to the original invi-tation and a total of 15 completed questionnaires were received in return

As informative as the information presented is, it’s important to keep in mind the limitations of this type of methodology Participants were drawn from those who self-identify in LinkedIn as copyright specialists The small sample size is weighted toward English-speaking countries in general and the United States in particular Additionally, several questions had multiple parts and not every interviewee answered every question Percentages are given based on the number of completed responses per question That said, the responses do provide a rich source of narrative data that illustrate and emphasize current practice as well as supplementing evidence gathered elsewhere While not a large-scale study, much of what is said by those working in the area of copyright specialization will resonate with other practitioners

2.3.1 Demographics

A total of 15 respondents completed and returned the full questionnaire While the majority of responses came from the United States, replies were received other locations as well A breakdown of responses by geographic location includes:

Canada (2), 13%

Europe (2), 13%

United Kingdom (4), 27%

United States (7), 47%

Interviewees were asked to indicate institution type from a list of sible options, including public, private, academic/higher education, govern-ment, corporate, medical, library, and other In this category, all respondents (100%) identified with the academic/higher education sector Additionally, four reported that their institution was publicly funded, while only one indicated private funding.

pos-A question about reporting lines and populations served elicited a ber of responses The majority (12 or 80%) work within a library or library services setting Of these, only three indicated a direct reporting line to a library director, dean, or assistant dean Most report directly to various heads

num-of departments or units within the library, including digital assets, extended learning, collection development, and library systems and technical services Two interviewees report to offices outside the library, specifically academic and student affairs Additionally, two of those who report to a library direc-tor or dean also indicated they have an indirect, or dotted, reporting line to the institution’s legal office One respondent commented, “I consult with the Office of General Counsel, but am not authorized to act in a legal capacity on behalf of the university.”

Populations served or supported also brought a variety of responses Most (approximately 57%) saw their roles as supporting university or col-lege faculty, students, and staff in the areas of research, teaching, and scholar-ship They answer questions about copyright within the library and across the campus A respondent from the UK wrote that he or she primarily supports “academic staff, but also do teaching sessions with students likely

to deal with copyright issues in future professions, such as illustration, mation, graphic design, fashion, etc.”

ani-2.3.2 Job Titles

One of the first question interviewees were asked was about job title The responses show the variety and range of titles currently being used in the field Although resembling each other, there was less uniform similarity or standardization in titles than initially expected Table 2.1 lists job titles pro-vided and the number of respondents with that title

library and its contents, including the selection, processing, and…delivery of services to meet the needs of its users” (Taylor & Parish, 2009, p 343).

In the United States and Canada, American Library Association ited master’s programs offer degrees in Library Science (MLS) and Library and Information Science (MLIS) Elsewhere, professional librarians may hold a BSc or MSc diploma in the areas of librarianship, archives, and records management

accred-Even more than a professional library degree, diplomas granted for legal studies are an alphabet soup of abbreviations, such as JSD/SJD (Doctor of Juridical Science) or JSP (Jurisprudence and Social Policy) More com-monly seen in copyright specialist positions than the above-mentioned PhD equivalents are the Juris Doctor (JD), Bachelor of Law (LLB), and Master of Law (LLM) degrees

While the majority of respondents to the questionnaire held graduate degrees in library and information science, this was not universal Eight of the respondents held a graduate degree in library and information science; two held master’s degrees; and a third held a bachelor’s degree in a subject area unrelated to libraries or the law Two of those MLS degree holders also held

JD or LLM degrees and one held an additional PhD Two of the fifteen dents held a JD or LLM degree only Finally, one of the MA degree recipients and four MLS degree holders also have additional copyright management cer-tifications The differences in degree attainment are outlined in Table 2.2

respon-Table 2.1 Job Titles

Copyright and scholarly communications librarian 1

Source: Author supplied

2.3.4 Background

The next set of questions in this section asked participants to describe when

or how an interest in copyright came about for them In two cases, jobs were specifically created to provide a centralized service, administered by the library that would answer copyright questions and provide guidance for faculty and students at the institutional level Several of the respondents found themselves in jobs that had already been created either through lat-eral transfer, promotion, or filling an interim vacancy

It was common for interest in copyright to have developed while working in another library unit, such as electronic resources and licens-ing, interlibrary loan, reserves, or reference For example, one respon-dent wrote: “In my first professional position after library school I was responsible for managing the various database and e-resource licenses, which naturally led into copyright issues.” Similarly, use of Creative Commons or open educational resources (OERs) the point at which an interest in copyright first began A librarian in the United States wrote that the background developed in working with OERs led to becoming the “go-to” person on campus with knowledge about copyright that eventually led to the formation of a position Another wrote that a pre-sentation early in his or her career on Creative Commons led to the self-perception and acknowledgement by colleagues that this is some-one interested in information policy

For those who came to these positions with a legal background, the comments were a little different:

The learning curve was steep at first I had to do a lot of reading My legal research skills were invaluable In time I was drafting and reviewing licenses and contracts.

–United States

I used to work as a teacher on cybercrime in the faculty of law …Later on I combined this with a job as a legal information specialist in the law library I got involved in projects on open access publishing I temporarily did a research project on the use of Creative Commons licenses for cultural heritage institutions enhancing my expertise.

Used to be a trademark attorney but moved from private practice to HE to work on Open Educational Resources projects providing copyright advice.

1 I do not recall any copyright issues being touched on very much at all…almost none of my librarian colleagues are aware of or comfortable with copyright issues –United Kingdom

2 Copyright courses do not tend to be required courses in library schools,

and the treatment given to fair use—at least in my experience—tends to

be superficial –United States

3 I think many library educators don’t have the comfort level with the

material Maybe they feel they need a law degree Maybe they feel it doesn’t fit into regular reference courses –United States

4 I am not aware of any courses specifically designed to address copyright

education in Canadian LIS programs –Canada

Because educational preparation is lacking or inadequate, the learning curve for most entering this field is steep Most of the specialists in this sur-vey look to other sources for continuing education and professional devel-opment Workshops and webinars appear to be the most popular means of getting up to speed and staying there, followed by networking events and conferences Table 2.3 presents a breakdown of continuing education and current awareness resources mentioned by interviewees

2.4 COPYRIGHT IN ACTION: PART ONE

The most interesting questions on the survey had to do with the daily work

of these specialists and their perceptions about copyright by those in the field Question 7 asked interviewees to describe a typical day or week The responses to this question are discussed in more detail in the next chapter;

however, the following selection gives a good idea of the variety of tasks a copyright librarian might take on during any given day:

1 A typical day on the copyright side can involve fielding inquiries from

academics about material they can use in lectures, liaising with our Copyright Unit about digitized class readings made under the auspices

of the CLA (Copyright Licensing Agency) license, answering questions from students about material they can use in assignments, checking PhD theses for third-party copyright material before they are published in our institutional repository, checking new database licenses for restric-tions/permissions on the use of material contained therein, preparing or delivering awareness sessions on copyright –Copyright Advisor, United Kingdom

2 Draft and review licenses for faculty and university projects; provide

consultations, advice, and guidance on copyright, licensing, and fair use

to faculty, students, researchers, instructors, journals, the…university press; develop protocols for a mass digitization project with the help of two interns; teach class on the “legal aspects of the music industry” or

“copyright and licensing for information professionals”; guest lecture in

a class –Copyright program librarian, United States

3 Participating in a national workgroup with publishers on reuse of

copy-righted content in education Advice on rights clearance for MOOCs (Massive Open Online Courses) Drafting a FAQ (frequently asked questions) on legal aspects of online education Awareness raising on copyright for policies on open access Setting up an expert group on ownership of research data with a wiki and other creative tools to

Table 2.3 Continuing Education and Current Awareness

help research data officers discuss rights issues on data management with staff Advice on working of nodisclosure agreements, compliance with privacy regulation and IP in public–private partnerships –Copy-right Librarian, The Netherlands

A later question in the survey asked: “What do you believe to be the most compelling copyright concern facing your institution over the next

5 years? OR What copyright myth would you like to personally debunk?” Let the copyright librarians speak for themselves:

1 I believe copyright law is becoming overly complicated, and has swung

too far in the direction of protecting the copyright of large tions…Academics are frustrated with the restrictions on what they can use and many take a “head in the sand,” “ignorance is bliss” approach Very few people are expert or even vaguely conversant with the ins and outs of copyright law, copyright exceptions, fair dealing…People look for yes/no answers, and the law is rarely so black and white…there is rarely a clear answer –United Kingdom

2 In my experience people are generally more risk averse than necessary,

often overestimating what is in copyright in relation to things that aren’t copyrightable or are in the public domain On the other extreme, peo-ple abuse fair use, especially in connection with the reproduction and distribution of copyrighted materials on online course management systems –United States

3 Copyright myths: “The internet is copyright free/public domain”

“Any-thing can be copied for ‘educational purposes.’” Several copyright cerns: the impact of new legislation, open access and technology—can copyright keep pace with the new technologies being adopted by our users? –United Kingdom

4 I feel that changes in the scientific publication culture will not be

copy-right battles…I am currently exploring the arguments brought about by

a human rights approach and specifically the right to enjoy the benefits

of scientific progress mandates on open access –Europe

5 Conflict between fair dealing (exception I in Copyright Act) and AODA

–Canada

6 Biggest challenge: Initiating and sustaining OER course creation and

adoption Educating faculty about copyright concerns for educators (differences between online and f 2f classes) Biggest myth: The internet

is not “free and open” but closed and copyrighted –United States

7 Concerns: Increasing move to online/distance education, compliance with

licenses and legislation, increasing commercialization of HE potentially

eroding “noncommercial” use arguments A lack of case law supporting interpretations and providing definitive guidance –United Kingdom

8 Copyright concern: Copyright ownership in online course content

developed by faculty –Canada

9 Our faculty contract states that the college owns intellectual

prop-erty created by faculty on college time/using college resources What does this mean when faculty create course materials that they want to gift back to the OER community by putting a Creative Commons license on something? Currently, there isn’t really a mechanism in place at the college for this kind of IP management

In terms of debunking, I wish the classroom guidelines had never existed I wish that people weren’t walking around with numbers in their minds (10% is fair! One chapter is fair!) or with all that spon-taneity stuff guiding their actions…I’d like to debunk the idea that fair use is “dangerous”…If we could stop thinking about our behav-ior around copyright in terms of “getting caught” and “getting in trouble” then it would be easier to reframe the discussion in terms

of ethics –United States

10 If you had asked me last year, I would have said video materials in

online courses, but now…I’m encountering so many new instances of faculty teaching online courses who want to place huge percentages of their assigned textbooks online…it’s a challenge to educate faculty at their point of need Many of these faculty are working with instruc-tional designers or educational technologists who also need instruction –United States

11 Contradictions between contract law (database content licenses) and

copyright law (legal exceptions and fair dealing provisions), wherein the contracts restrict legally allowable uses of content and restrict resource access with financial burdens –Canada

12 It will actually be very interesting to see what the next 5 years bring

Copyright law is increasingly important at national and European level

We recently had a meeting with the Dutch ministry of education about the harmonization of European copyright law…our discussion with

If we could stop thinking about our behavior around copyright in terms of

“getting caught” and “getting in trouble” then it would be easier to reframe the discussion in terms of ethics.

the ministry also shed new light on issues we face in education with respect to copyright law and the educational exception in this country [Reform] has the potential to change who and how we need to negoti-ate with, and how we do things day-to-day…Exciting times for copy-right law in the Netherlands –Europe

13 Three-D printing will probably become an issue in the next few years

in terms of copyright Also, it will be interesting to see how the Authors Guild v Google case will ultimately be resolved Fair use will be big

especially in academia I’d like to see copyright taught as a standard part

of teaching information literacy for incoming students –United States

2.4.1 Characteristics and Challenges

A further set of questions in the survey centered on the skills or tencies needed to succeed as a copyright specialist and with a summary

compe-of the things working copyright librarians see as challenges or benefits to this work Here, as in other areas of the interviews, responses varied Patience and flexibility were listed most often, with confidence, persis-tence, and comfort with legal ambiguity and the gray areas of the law closely behind Other characteristics needed by anyone working on this area include a solid knowledge of copyright law and licensing; “a deep understanding of modes of information production”; record-keeping abilities; empathy; an interest in research and researchers; and kindness and curiosity are also important Good communication skills topped the list as an essential characteristic One respondent noted the importance

of, “the ability to read and understand complicated legislation and ing and then translate it into plain English for the users.” In addition to explaining complex topics to nonexperts, these communication skills can also be used to negotiate with rights holders and various stakeholders and for professional writing and presentations One interviewee summa-rized the set of necessary skills this way:

licens-Flexibility and Ability to Make Decisions Despite Uncertainty People skills: Strong customer service ethic, diplomacy, be a good lis-

tener Dealing with copyright inquiries is just like a reference interview Sometimes you have to tell someone “no” and it is often helpful to have some alternatives to suggest

Public speaking/communication skills: Copyright and fair use can

be complex and good communication skills are key to providing clear, coherent explanations about the topic

Reference and research skills: Ability to research questions and find

information For example, I field a lot of questions about video ing so I have had to become more familiar with the video streaming market

stream-The final question asked participants to discuss the most rewarding/most challenging aspect of their jobs These are a few of the thoughtful responses:

1 The most challenging is overcoming people’s initial reaction to

copy-right issues… –United Kingdom

2 Working with people is the most rewarding part—whether that is

one-on-one reference work or teaching or talking a copyright issue through with a faculty colleague…(The most challenging aspect is not having) enough time or support for everything we need and want to do I think the hardest part about this job is that it can be really difficult to focus and prioritize There are always so many fires raging –United States

3 Challenges: Consistently aligning internal practices with those of other

postsecondary institutions given different environments, priorities, and resources (time and financial) Rewarding: Matters of interpretation and assessment, especially in unique circumstances –Canada

4 I find it very rewarding when the penny drops and someone realizes that

we are not trying to prevent good instruction or make academic life ficult We are trying to ensure credit is given where credit is due, while facilitating good research –Europe

5 People want a yes or no answer, which is rarely the case with copyright

law—and often when they think they’ll get an answer they won’t like, they tend to avoid asking at all, so they won’t have to change their practice –United Kingdom

6 I really enjoy the sessions I have with students, many of whom have no

clue about copyright…opening their eyes to some of the issues, ticularly those who are going into creative fields and are concerned about protecting their own work, is really rewarding.—United Kingdom

par-2.5 CLOSING COMMENTS

Copyright specialization is not new to the library profession According to Dames (2008), George Mason University appointed its first copyright officer in 1986 There have been other descriptions of copyright librarians and officers in the professional literature since that time (for example, Christou, 2014; Frankovsky & Blair, 2013; Smith, 2014; Vesely, 2006) This

“Day in the Life” narrative account highlights some of the insights and perspectives working copyright librarians have on their own local experiences In the next chapter, we will look at specific examples of the kinds of work done by these practitioners It is hoped that a better under-standing of the factors that shape copyright specialists, as well as some of the obstacles they face in the course of their work, will resonate with those in similar circumstances.

REFERENCES

Christou, C (2014) What if you gave a copyright workshop and no one came? Information

Today, 31(7), 25–27.

Dames, K M (2008) Making a case for copyright officers Information Today, 25(7), 16.

Frankovsky, J., & Blair, A (2013) Copyright in academic libraries: the future is now In

R Peacock, & J Wurm (Eds.), The new academic librarian: Essays on changing roles and

responsibilities (pp 99–105) Jefferson, NC: McFarland and Co.

LinkedIn (2015) Available at https://www.linkedin.com/about-us

Smith, I (2014) A day in the life of an open scholarship manager Insights, 27(1) Available at

http://dx.doi.org/10.1629/2048-7754.145

Taylor, A., & Parish, J D (2009) Career opportunities in library and information science New

York: Infobase Publishing.

Vesely, S A (2006) Do you need a copyright librarian? Internet Reference Services Quarterly, 11(4),

69–82.

Libraries are document-rich and copyright-laden enterprises They have

as their core jurisdiction the selection, acquisition, organization, storage, management, retrieval, preservation, and use of information As part of the copyright equation, libraries facilitate exchanges between information creators and information users and often serve as intermediaries between the two (Ferullo, 2011)

3.1.1 Background

In the print and analog world, questions about types of works protected by copyright, the duration of copyright, exclusive rights and infringement, exemptions, and permissions frequently occurred It was a time when the portions of the law that impacted libraries—Section 108 of the U.S Copy-right Act, for example—were generally accepted and applied with a level of common understanding During this period, the relationship between copy-right and the library was defined more by the environment (academic, public,

or profit) and the population (students, researchers, teachers) than the mat of the work Carefully constructed guidelines and practices were in place

for-to ensure there was a balance between the rights of users and those of authors,

publishers, and copyright owners Features such as the placement of copyright notices by photocopiers, the numbers of reproductions for classroom use, or interlibrary loan requests were common Likewise, questions from that era to library staff may have gone something like this:

• If there isn’t enough sheet music for the high school band, is it okay to make copies?

• How about an article from an industry journal—is it okay to photocopy and put in a vertical file for the employees in a small engineering firm

to read at their leisure?

• A teacher videotaped a documentary shown on PBS (Public Broadcast System) and offers to donate the tapes to the library No problem, right?

• “Why do you have the damn machine there if you do not want me to make photocopies?” (Olaka, 2013, p 127)

In the United States, following the passage of the Copyright Act of

1976, which revised the standards for fair use and reproduction, and as where in the world, the questions related to copyright became more com-plex That complexity has only increased as information in multiple electronic and digital formats becomes available At the same time as rights holders have mobilized in defense of their property, the audience and means

else-of access has swelled, too (Baldwin, 2014) Now anyone and everyone can, thanks to technology, create, access, utilize, and share information These activities, along with copying, transmission, display, and performance, are regulated by copyright, and when technology changes “it’s usually the case that copyright has to change too And it’s rarely pretty” (Doctorow, 2014,

p 145) Because libraries are no longer primarily their legacy print collections, typical questions now encountered by libraries of all sizes and types are more likely to resemble these:

• The library wants to digitize all its videotapes, caption them for impaired students, and put them on a new video server When a teacher wants to show one of these videos to her online class, will the students need a special password to view it?

• I’m an educator in a nonprofit educational setting I should be able to copy and share copyrighted work with my class as long as I remember

to cite my source Right?

• Can I scan the article you printed out for me from database X, and send

it to the client?

• Is fanfiction an unauthorized derivative work or fair use (Koulikov, 2012)?

• Can I make a digital copy of this DVD? When is a public performance public? Is the auditorium a classroom? How about a learning manage-ment system (LMS) space—is it a classroom? How can the library pre-serve a born-digital work acquired via a license agreement? What can I

do with YouTube (Russell, 2015)?

Copyright specialization has emerged as an area of interest for librarians and parent institutions alike because of the increased growth and complex-ity of the law and technology Questions by information consumers about use, protection, and permission of copyright works are the point at which libraries and copyright law and practice intersect

Indeed,

When you stop and consider the legal and philosophical bases underpinning the core mission of our nation’s libraries, it would, in fact, be pretty bizarre if librarians weren’t extremely interested …in copyright law Libraries are inextricably inter- twined with it; their most basic activities are authorized by copyright law, and they routinely interact with it in meaningful and challenging ways.

Hoon (2003 , p 30)

This chapter focuses on some of those meaningful and challenging intersections

3.2 COPYRIGHT IN ACTION: PART TWO

The wide range and variety of copyright-related activities can be seen throughout the professional literature of librarianship Consider, for exam-ple, the following scenario from an academic library setting in Canada:

Whether a library patron is downloading from the Web, forwarding email, using an online journal collection and printing articles, accessing digital images to be shared with classmates, accessing e-reserve course material, viewing a video or a DVD,

or requesting an interlibrary loan for a book, copyright issues surface.

Horava (2010 , p 5)

Further anecdotal evidence of the interconnectedness between libraries and copyright was also illustrated by comments from the survey of copy-right specialists described in the previous chapter (see Appendix A for the full questionnaire) Question 7 asked interviewees to describe a typical day Because the replies are both descriptive and informative, many are recorded

Is fan fiction an unauthorized derivative work or fair use?

here in their entirety Please note that the respondents have different grounds and experience, and are at different places in their careers Their remarks are included here to provide first-hand examples of copyright in action within library settings Some of the responses included:

1 Dealing with copyright queries (mostly by email), adjudicating on

the-sis redaction where third party rights involved, attending faculty ings to brief academic staff, and going through e-resource licenses –Copyright and licensing advisor, United Kingdom

2 First, check emails for new queries or requests These will mainly be

from academic staff, perhaps with a query or request for digitization…I also keep a watching brief on copyright legislation and licensing developments…I contact publishers to request accessible format texts

on behalf of our print impaired students This involves checking a shared spreadsheet for new requests, writing to the appropriate publish-ers and tracking the request on my copyright database…I am currently also working on some learning packages to highlight some of our ser-vices such as the Digitisation Service or the Media Player which will sit alongside my copyright guidelines Guidelines are monitored and updated as licensing and legislation changes –Copyright clearance officer, United Kingdom

3 Days vary greatly but I spend most of my time between license

compli-ance reporting, providing advice and guidcompli-ance to academics, support staff and occasionally students, dealing with accessible texts and their provision for students with disabilities and meetings Other regular tasks include updating and drafting guidance docs on our intranet, or providing training workshops for colleagues –Copyright and licensing advisor, United Kingdom

4 I generally have three to four licenses that I work on every week that

are in various states of negotiation I also field anywhere from one to four copyright questions from librarians, faculty, or students on copy-right issues I review documents and letters that have copyright com-ponents, such as asking permission to reproduce material in copyright, deeds of gift, collaborative MOUs [memoranda of understanding], etc –Licensing and copyright librarian, United States

5 Consult with community ed teacher about copyright for materials

printed for class; emailed author of book title for copyright costs; pleted course pack form for Phil 101, no changes from last quarter; dealt with rights issue for instructor; consulted with an instructor about digitizing a film; consulted with CopyDup manager about copyright

com-for a class; worked on webpage—share video files; finish copyright binder for reference desk staff, work on info sheet for faculty; meet with library director to discuss end of quarter –Copyright and instruc-tion librarian, United States

6 I typically work on the reference desk approximately 4 h a day On a

given day, I will also usually teach one or two instruction sessions I am active on a number of committees locally, regionally, and nationally so I’m always trying to cram committee work into every free moment Lots of answering emails, lots of filling out Doodle polls for meetings, lots of meetings –Faculty librarian, United States

7 Responding to copyright/fair use inquiries by email and telephone;

providing reference services at our library’s reference desk and by live chat; providing bibliographic instruction in our college’s writing pro-gram and in subject-specific areas at professors’ requests; reviewing blogs, RSS feeds, journal articles, cases, etc., to remain up-to-date on current issues; preparing presentations for faculty departments on copy-right in the classroom; modifying and creating LibGuides relating to

my liaison areas –Campus copyright librarian, United States

8 On most days, I have at least one meeting, whether it’s one-on-one,

departmental, or something at the university level…I typically respond

to an average of five copyright “reference” questions a week Frequently asked questions: (1) open-to-the-public movies being shown, (2) using media materials in courses, and (3) what uses are permitted by our licenses for various publications Right now, I am involved with selec-tion and implementation of a new ereserves system, assessing our copy-right costs and interlibrary loan borrowing patterns from last calendar year and working with university counsel and faculty senate to finally implement an institutional copyright policy I routinely provide copy-right instruction for courses such as our Communication Studies

“Freedom of Speech” course and courses in the visual arts Finally, I help administer our institutional repository and serve as back up for…involve-ment in an… electronic thesis and dissertation project –Head, copyright and document services, United States

9 Respond to inquiries about the use of copyrighted content in the

insti-tution and advise accordingly Primarily email, but also telephone and in-person Plan and prepare for upcoming copyright education sessions (these occur regularly); Liaise with other areas affected by copyright compliance issues (library, bookstore, faculty printing services, learning management system administrators) either as part of routine

communication or as part of specific ongoing projects; Research/update knowledge according to what is happening in the media, legal cases, published in the field/literature, and issues discussed in listserv communities; Update/revise written and online information –Copyright librarian, Canada

10 In my position, I engage in other activities in the library in addition to

copyright It is hard to describe a typical day, because it varies day and week-to-week On the copyright side, I engage in educational efforts to raise awareness on campus about copyright: I provide per-sonal consultations (to faculty, students and staff), give presentations (topics I have addressed include copyright, fair use, creative commons, plagiarism), consult with library colleagues on projects (one area of particular concern is copyright in digital projects) I have collaborated with other campus departments, providing copyright presentations as a part of their workshop series…and addressing copyright questions of concern to specific units including disability services, video services, office of student rights and responsibilities, and the online instruction department I have also worked with instructors, providing copyright presentations for their classes I developed an online copyright guide, which I maintain and update regularly, and contribute short articles

day-to-on copyright related topics in the library’s quarterly newsletter I have also co-taught an extended online workshop on patents and copyright with another librarian…In addition to these campus activities, I have also provided presentations on request to local and regional events including K-12 library/media conferences, and a local public library –Copyright and scholarly communications librarian, United States

11 Find out whether publisher gave permission to post; licenses—how to

keep me in the loop with licenses—what is being purchased, what courses are they being used for? where to store terms of use informa-tion; add section to agreement with course authors that would allow us

to create transcripts of their lectures (takes too long to seek permission after the fact); continue reviewing Course A: Copyright o.k.? Credit lines o.k.? –Copyright specialist, Canada

12 A typical week often involves 2–3 days of traveling to other institutions

to discuss research support as a whole, where copyright rears its head Last Tuesday: (1) Called an organization representing publishers about a list they wanted me to send out to the copyright librarians concerning database licenses and what is permitted under copyright for each data-base (2) Called an organization representing the copyright holders of

sound/music productions about a presentation they will giving at an upcoming conference (3) Called a university lawyer interested in the status of a new contract with an organization representing publishers (4) Emailed a reminder about another contract we are working on with

an organization representing photographers and illustrators (5) Emailed

an author about the status of a book being published within the school (6) Traveled to another city to meet with a workgroup on research sup-port –Research support advisor, The Netherlands

As shown, copyright operates on several different levels in library tings, having implications and impacts in myriad ways The next section provides an overview of library functions and users, focusing on how and where copyright and other information laws and policies intersect with library services and populations

set-3.3 COPYRIGHT IN LIBRARY FUNCTIONS

In libraries, whatever the type, size, or location, every act of selection, nization, preservation, access, and dissemination is impacted in large and small ways by copyright Similarly, the types of work protected by copyright and handled by libraries are exhaustive and include literary works, musical works, dramatic works, choreographic works, pictorial, graphic, and sculp-tural works, motion pictures and other audiovisual works, sound records, architectural works, and more (Hirtle, Hudson, & Kenyon, 2009) While libraries are not the only institutions that deal with materials of this nature, copyright does have a significant bearing on their core functions as well as day-to-day work At its heart, copyright is the mechanism we use to arrange our relationship to materials in many library functions According to Neal,

orga-The library remains focused on core services to users: on information acquisition, navigation, dissemination, interpretation, understanding and archiving This com- mitment to get, organize, find, deliver, answer, educate, and preserve are central to the library’s intersection with copyright.

viewed their information roles and responsibilities From 166 responses, eight discernible categories emerged: Access, Collect, Evaluate, Instruct, Manage, Preserve, Process, and Research These form a framework for dis-cussing the ways in which librarian responsibilities and library function connect with copyright law and practice Although duties and practices vary

by institution, the activities and examples listed and discussed below are intended to provide further evidence of libraries in the copyright equation These functions are traditionally found in the areas of technical services, special collections and archives, reference and instruction, and access services

3.3.1 Acquisitions: Collect, Manage

Acquisitions in the library setting can be defined as materials selection, ordering, and receipt These activities commonly occur through purchase, gift or donation, and exchange Copyrights are an intangible asset that must

be considered, gathered, and secured in the selection and acquisition of materials as well how the material will be used Deeds of gift may contain conditions with which the library must comply, including how the item or materials can be used; these in turn may have implications for archives, access, security, and privacy

Acquisition of electronic materials increasingly takes up considerable staff time and resources Because contract rather than copyright affect acqui-sition, and because each product governing electronic publications has dif-ferent terms of use, librarians may be delegated to negotiate, administer, and execute contracts on behalf of their institution that are favorable to both information consumers and information producers Whether acquiring electronic journals, ebooks, database subscriptions, or image or media col-lections, significant amounts of personnel and budget resources are part of the acquisition process Negotiation and acquisition of licenses are tasks that take an enormous toll on personnel and administrative resources (Thompson-Przylucki, 2014)

3.3.2 Archives and Preservation: Access, Organize,

Preserve, Select, Store

Archives consist of records, many unpublished or unique, selected for manent or long-term preservation often based on cultural, historical or evi-dentiary value Preservation combines policies, strategies, and actions that ensure access to content and library materials over time

per-This function includes the storage, staffing, and policy decisions as well as the techniques and methods of digitizing, protecting, safeguarding, prolonging,

and maintaining physical and digital materials in a condition suitable for use Special collections that may require different levels of access “due to privacy concerns, copyright, and donor agreements” (Underhill & Wade, 2013, p 62).

In addition to preservation of materials to ensure continued use over time, a great deal of archival work goes into locating authors and other cre-ators, managing permissions, and creating copies through digitization Before a digital surrogate can be made and access provided to it, these ques-tions must be answered:

• Is the work protected by copyright?

• Does the proposed use require permission, or does it fall under a legal exceptions?

• Are there any other intellectual property (IP) concerns such as privacy

or trademarks that need to be addressed?

• How many rights holders are there? What is their contact information?

• What rights does the institution need and for how long (Whalen, 2009,

to describe the cataloging function include classification, arrangement, ation and preparation of descriptive data, synthesis, and integration

cre-It is through the cataloging function that documentation of the lectual or creative ownership of a work is recorded Information about open access and public domain may be found in catalog fields and authority records, as well as the duration of copyright terms based on publication dates and life of the author Catalogers may also create and manage surro-gate records in institutional repositories

intel-3.3.4 Circulation: Access, Disseminate, Share

Checking books and other physical library materials in and out, in other words making them available and releasing them for use, is the basic func-tion of the circulation unit Other activities may include retrieval, supply and delivery of materials to patrons Unlike print materials, circulating or loaning electronic library resources such as ebooks or software “is fraught with complications both technical and copyright related (Klinefelter, 2001,

p 181).” Although copyright law may allow lending of these materials, license restrictions may prohibit doing so Additionally, vendor analytics and

digital rights management (DRM) issues may trace, monitor, and record the ways that digital items are circulated or used, raising privacy concerns among patrons and staff.

3.3.5 Collection Development: Collect, Evaluate,

Maintain, Manage

Collection development is the process of systematically planning and ing useful and balanced print and digital collections that serve the study, teaching, research, recreational, and other needs of library users This func-tion includes the formulation of selection criteria, planning for resource sharing, and replacement of lost or damaged items along with weeding decisions

build-Activities seen in collection development units include appraisal, ment, evaluation, identification, selection, purging or weeding, and manage-ment of print and digital resources Institutional repositories, permissions, orphan works, electronic theses, and other unpublished works may be part

assess-of these activities as well

Collection development is related to selection and acquisition of library materials Because complying with copyright law and policy may affect up

to 40% of a research library’s budget (Dames, 2013), the collection ment function is of significant interest

develop-3.3.6 Instruction: Access, Disseminate, Share

Teaching, presentation, promotion, or facilitation of information literacy and other library-related skills in a group setting or one-on-one helps users recognize the extent of their information need and how to ethically use information sources “It is part of every reference and instruction librarian’s charge and province to be able to assist and educate patrons about copy-right In short: every librarian with these duties should consider themselves

a copyright librarian (Hickey, 2011, p 10)

Instruction librarians also model ethical information use in the creation

of instructional guides, tutorials, and class presentations Appropriate tions as well as deep or inline linking to copyrighted works are examples

cita-of this modeling behavior It also the purview cita-of instruction librarians to

It is also the purview of instruction librarians to dispel copyright myths.

dispel copyright myths, by clearly and confidently articulating what the law and library policy allow, as well as provide a context for often conflicting copyright advice and information patrons may have received or gleaned over the years (Hickey, 2011).

3.3.7 Interlibrary Loan and Document Delivery:

Access, Process, Share

Interlibrary loan (ILL) is the cooperative arrangement among libraries that allows books and other materials from one library to be loaned out to a patron from another library Document delivery is the provision of pub-lished or unpublished documents, generally electronically and sometimes for a fee It may also refer to the electronic delivery of documents from a library to a patron Activities may include delivery, digitization, distribution, responding to requests, retrieval, supply, transmitting, and transfer of copy-righted, unpublished, public domain, and open access materials Like other library functions, ILL and document delivery are similarly affected by licensing terms, trends, and conditions, as well as fair use and other guide-lines for use Section 108 of the U.S Copyright Act, for example, permits libraries to copy or scan protected works for ILL It does not, however, allow libraries “to copy all works for all purposes” (Crews, 2012, p 114) Music, sound recordings, images, and media present particular concerns for ILL units

3.3.8 Reference: Access, Discover, Evaluate, Learn,

Research, Share

“Reference librarians are on the front lines of copyright compliance and information dissemination” (Aulisio, 2013, p 566) Answering questions, instructing users in the selection and use of appropriate tools and tech-niques for finding information, and linking copyright material with users are all part of the reference function in libraries Reference involves the use, recommendation, interpretation, or instruction in the use of print and non-print material, including databases, bibliographic records, other libraries and institutions, and people both inside and outside the library Activities may also include consulting; directing users to resources; and finding, guiding, helping, locating, providing, serving, and uniting patrons with an informa-tion resource

Reference librarians are often the ones to explain or defend a law, license,

or policy that may be restricting access to a resource, as well as the ones who may offer alternatives or options if the source is not available Reference

librarians are often called upon to explain copyright infringement or how

to seek permission for use Additionally, reference librarians may be the public link or intermediary between the information consumer and the information provider and how information and materials are recorded and made available (or not) to the public

Furthermore,

The fundamental purpose of the library is providing research support is met through unmediated use of the library as well as the direct assistance of librarians …All of the legal issues of electronic resources that affect the other library services find their final impact at the point where patrons are trying to use the materials …”

Klinefelter (2001 , p 186)

3.3.9 Reserves: Access, Manage, Process, Share, Store

In an academic setting, the functions and activities of reserves involve a bination of record creation, material storage, organization, providing access, and managing both print and digital objects representing items that faculty have selected to be used in conjunction with their instructional activities.Reserves is the process of placing materials such as books, articles, media, and other published and unpublished materials in a separate physical or electronic area for students in classes to use This activity includes but is not limited to faculty-produced copyrighted works that are reproduced for library reserves and course packs The process may present unique copyright problems, however

com-When libraries attempt to create their own electronic resources, though, by ning materials, copyright laws govern the limits on what is permissible If libraries seek to do more than is allowed under copyright, they must seek permission from the copyright holder.

scan-Klinefelter (2001 , p 186)

Additionally, faculty cannot assign certain copyrighted material without paying additional fees or passing those fees along to the students In the United States, for example, Harvard Business Publishing (HBP) is especially stringent about digital reuse of copyright-protected content Accordingly, and despite fair use, HBP content cannot be reproduced or distributed, whether in print or electronic form, without purchase and permission:

Copyright permission is the authorization to make a photocopy of a purchased, clean copy of our one of our products Each copyright permission covers a single copy, so you need to purchase one (1) copyright permission for each copy of the item you intend to distribute.

Harvard Business Review (2015)