The Copyright Librarian: A Practical Handbook

The Copyright Librarian

A Practical Handbook

Linda Frederiksen

Table of Contents

Cover image

Title page

Series Page

Copyright

List of Tables

About the Author

Foreword

Acknowledgments

Chapter 1. Introduction

1.1. Overview

1.2. Intent and Design of the Book

1.3. Disclaimers

1.4. Closing Comments

Chapter 2. A Day in the Life

2.1. Introduction

2.2. A Day in the Life of Copyright Librarian

2.3. Who are the Copyright Librarians?

2.4. Copyright in Action: Part One

2.5. Closing Comments

Chapter 3. Copyright in Libraries

3.1. Introduction

3.2. Copyright in Action: Part Two

3.3. Copyright in Library Functions

3.4. Library Environments and Populations

3.5. Closing Comments

Chapter 4. Copyright Specialization

4.1. Introduction

4.2. Myths and Misperceptions

4.3. Closing Comments

Chapter 5. On the Job: Copyright Librarianship at Work

5.1. Introduction

5.2. Literature Review

5.3. Methodology

5.4. Findings

5.5. Discussion

5.6. Conclusions

5.7. Closing Comments

Chapter 6. Library and Information Science Education

6.1. Introduction

6.2. Copyright literacy

6.3. Copyright education within LIS programs

6.4. Closing Comments

Chapter 7. DIY Librarianship: Professional Development, Continuing Education, and Current Awareness

7.1. Introduction

7.2. Professional Development

7.3. Continuing Education

7.4. Current Awareness

7.5. Closing Comments

Chapter 8. The Next Step: Outreach, Advocacy, and Leadership

8.1. Introduction

8.2. Outreach: The copyright Librarian as Teacher

8.3. Advocacy: The Copyright Librarian as Spokesperson

8.4. Leadership: The Copyright Librarian as Activist

8.5. Closing Comments

Chapter 9. What Copyright Librarians Know

9.1. Discussion

9.2. Closing Comments

Appendix A. Copyright Librarian Interview Questions

Appendix B. ARL Database Description and Information

Appendix C. Job Title

Appendix D. Recommended Resources

Glossary/Acronyms

Bibliography

Index

Series Page

Chandos Information Professional Series

Series Editor: Ruth Rikowski

(email: Rikowskigr@aol.com)

Chandos’ new series of books is aimed at the busy information professional. They have been specially commissioned to provide the reader with an authoritative view of current thinking. They are designed to provide easy-to-read and (most importantly) practical coverage of topics that are of interest to librarians and other information professionals. If you would like a full listing of current and forthcoming titles, please visit www.chandospublishing.com.

New authors: we are always pleased to receive ideas for new titles; if you would like to write a book for Chandos, please contact Dr Glyn Jones on g.jones.2@elsevier.com or telephone +44 (0) 1865 843000.

Copyright

Chandos Publishing is an imprint of Elsevier

225 Wyman Street, Waltham, MA 02451, USA

Langford Lane, Kidlington, OX5 1GB, UK

Copyright © 2016 by L. Frederiksen. Published by Elsevier Ltd. All rights reserved.

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Details on how to seek permission, further information about the Publisher’s permissions policies and our arrangements with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions.

This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein).

Notices

Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary.

Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility.

To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein.

ISBN: 978-0-08-100172-1 (print)

ISBN: 978-0-08-100211-7 (online)

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

A catalog record for this book is available from the Library of Congress

For information on all Chandos Publishing publications visit our website at http://store.elsevier.com/

List of Tables

Table 2.1 Job Titles  13

Table 2.2 Education by Degrees Earned  14

Table 2.3 Continuing Education and Current Awareness  16

Table 5.1 Geographic Locations of Jobs  52

Table 5.2 Copyright-Specified Job Titles (Set 1)  53

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

Table 6.1 Copyright-Related Courses in LIS Education  69

Table 7.1 Sample Knowledge, Skills, and Abilities of a Professional Development Plan for Electronic Rights Management  79

About the Author

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.

Foreword

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 confusing, frustrating, in some places intentionally vague, and in others needless 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 limitation, 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 technology 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

Acknowledgments

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 frustrating, 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.

Chapter 1

Introduction

Abstract

In this chapter, a definition for the term copyright librarian is given. An introduction to the major themes and organization of the book, as well as its intent and design, is provided.

Keywords

Copyright; Librarianship; Libraries; Library and information science (LIS); Specialization

1.1. Overview

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), copyright-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 information, 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 materials are neither simple nor easy to understand. No stranger himself to its complexities, Mark Twain is said to have famously remarked: Only one thing 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