Preserving content is a foundational activity of libraries and an activity for which U.S. copyright law makes an exception. This paper studies preservation activities among academic libraries as reported through the literature and recorded in answer to a survey of Research 1 institutions in the United States. Trends, challenges, methods, and procedures are examined to create a robust picture of VHS preservation activity among academic libraries especially in reference to section 108 of U.S. copyright law.
{"title":"Library VHS in Danger: Media Preservation in Academic Libraries","authors":"LeEtta M. Schmidt","doi":"10.17161/JCEL.V3I1.7109","DOIUrl":"https://doi.org/10.17161/JCEL.V3I1.7109","url":null,"abstract":"Preserving content is a foundational activity of libraries and an activity for which U.S. copyright law makes an exception. This paper studies preservation activities among academic libraries as reported through the literature and recorded in answer to a survey of Research 1 institutions in the United States. Trends, challenges, methods, and procedures are examined to create a robust picture of VHS preservation activity among academic libraries especially in reference to section 108 of U.S. copyright law.","PeriodicalId":354781,"journal":{"name":"Journal of Copyright in Education & Librarianship","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133460948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Fair use in copyright law is an enormously complex legal doctrine. Although much scholarly attention has been paid to fair use in the context of teaching -- particularly in on-line education -- relatively little research exists on the problem of fair use in scholarship. This article analyzes reported federal cases on fair use in scholarly contexts, with a particular emphasis on the transformative use doctrine that has become enormously influential in fair use determinations. The article explores insights from this body of case law that may assist future scholars wishing to fairly use copyrighted expression in their scholarship.
{"title":"Decoding Academic Fair Use: Transformative Use and the Fair Use Doctrine in Scholarship","authors":"Matthew D. Bunker","doi":"10.17161/JCEL.V3I1.6481","DOIUrl":"https://doi.org/10.17161/JCEL.V3I1.6481","url":null,"abstract":"Fair use in copyright law is an enormously complex legal doctrine. Although much scholarly attention has been paid to fair use in the context of teaching -- particularly in on-line education -- relatively little research exists on the problem of fair use in scholarship. This article analyzes reported federal cases on fair use in scholarly contexts, with a particular emphasis on the transformative use doctrine that has become enormously influential in fair use determinations. The article explores insights from this body of case law that may assist future scholars wishing to fairly use copyrighted expression in their scholarship.","PeriodicalId":354781,"journal":{"name":"Journal of Copyright in Education & Librarianship","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130264226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this interview, Jacob Rooksby discusses his work and research in intellectual property and higher education law, including a critical examination of the role of copyright on the modern university campus. The conversation, with the Journal of Copyright in Education and Librarianship’s (JCEL) Micah Zeller and Tucker Taylor, covers trends concerning student entrepreneurship, faculty ownership, donor-imposed restrictions in special collections, and why everyone involved—from trustees, administrators, instructors, students, and library staff—should care and know how law and policies affect their interests. The discussion draws on Rooksby’s 2016 book, The Branding of the American Mind: How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters, which describes problematic practices of institutions, opportunities for those working in this space, and how intellectual property issues connect to our moral expectations for higher education. Professor Rooksby also flags areas for readers to keep an eye on in the future.
{"title":"An Interview with Jacob H. Rooksby, Dean of Gonzaga University School of Law","authors":"Micah Zeller, Tucker T Taylor","doi":"10.17161/JCEL.V2I2.7719","DOIUrl":"https://doi.org/10.17161/JCEL.V2I2.7719","url":null,"abstract":"In this interview, Jacob Rooksby discusses his work and research in intellectual property and higher education law, including a critical examination of the role of copyright on the modern university campus. The conversation, with the Journal of Copyright in Education and Librarianship’s (JCEL) Micah Zeller and Tucker Taylor, covers trends concerning student entrepreneurship, faculty ownership, donor-imposed restrictions in special collections, and why everyone involved—from trustees, administrators, instructors, students, and library staff—should care and know how law and policies affect their interests. The discussion draws on Rooksby’s 2016 book, The Branding of the American Mind: How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters, which describes problematic practices of institutions, opportunities for those working in this space, and how intellectual property issues connect to our moral expectations for higher education. Professor Rooksby also flags areas for readers to keep an eye on in the future.","PeriodicalId":354781,"journal":{"name":"Journal of Copyright in Education & Librarianship","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123602723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the last round of author-sharing policy revisions, Elsevier created a labyrinthine title-by-title embargo structure requiring embargoes from 12 to 48 months for authors sharing via institutional repository (IR), while permitting immediate sharing via an author’s personal website or blog. At the same time, all prepublication versions are to bear a Creative Commons-Attribution-Noncommercial-No Derivatives (CC-BY-NC-ND) license. At the time this policy was announced, it was criticized by many in the scholarly communication community as overly complicated and restrictive. However, this CC licensing requirement creates an avenue for subverting an embargo in the IR to achieve quicker and wider open distribution of the author’s accepted manuscript (AAM). To wit, authors may post an appropriately licensed copy on their personal site or blog, at which point the author’s host institution may deposit without an embargo in the IR, not through the license granted in the publication agreement, but through the CC license on the author’s version, which the sharing policy mandates. This article outlines the background and rationale of the issue and discusses the benefits, workflows, and remaining questions.
{"title":"Leveraging Elsevier’s Creative Commons License Requirement to Undermine Embargo","authors":"Josh Bolick","doi":"10.17161/JCEL.V2I2.7415","DOIUrl":"https://doi.org/10.17161/JCEL.V2I2.7415","url":null,"abstract":"In the last round of author-sharing policy revisions, Elsevier created a labyrinthine title-by-title embargo structure requiring embargoes from 12 to 48 months for authors sharing via institutional repository (IR), while permitting immediate sharing via an author’s personal website or blog. At the same time, all prepublication versions are to bear a Creative Commons-Attribution-Noncommercial-No Derivatives (CC-BY-NC-ND) license. At the time this policy was announced, it was criticized by many in the scholarly communication community as overly complicated and restrictive. However, this CC licensing requirement creates an avenue for subverting an embargo in the IR to achieve quicker and wider open distribution of the author’s accepted manuscript (AAM). To wit, authors may post an appropriately licensed copy on their personal site or blog, at which point the author’s host institution may deposit without an embargo in the IR, not through the license granted in the publication agreement, but through the CC license on the author’s version, which the sharing policy mandates. This article outlines the background and rationale of the issue and discusses the benefits, workflows, and remaining questions.","PeriodicalId":354781,"journal":{"name":"Journal of Copyright in Education & Librarianship","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121951710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Health science educators, researchers, and clinicians are regularly faced with challenges surrounding copyright and fair use. However, little is known about how copyright is addressed in the professional literature. In order to identify themes and gaps, the authors undertook a narrative review of articles published in health sciences literature between 2000-2016. Only 154 articles were identified on the topic, which attempted to address areas of concern for educators, researchers, and clinicians across all health science disciplines. Overarching issues were identified including prevalence of misinformation or misunderstandings, particularly around fair use, and the continued need for authoritative copyright education and definition of best practices.
{"title":"Copyright in the Health Sciences Literature: A Narrative Review","authors":"Abigail H. Goben, A. Doubleday","doi":"10.17161/JCEL.V2I2.6654","DOIUrl":"https://doi.org/10.17161/JCEL.V2I2.6654","url":null,"abstract":"Health science educators, researchers, and clinicians are regularly faced with challenges surrounding copyright and fair use. However, little is known about how copyright is addressed in the professional literature. In order to identify themes and gaps, the authors undertook a narrative review of articles published in health sciences literature between 2000-2016. Only 154 articles were identified on the topic, which attempted to address areas of concern for educators, researchers, and clinicians across all health science disciplines. Overarching issues were identified including prevalence of misinformation or misunderstandings, particularly around fair use, and the continued need for authoritative copyright education and definition of best practices.","PeriodicalId":354781,"journal":{"name":"Journal of Copyright in Education & Librarianship","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115755257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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