Fair Use in the Visual Arts: Lesson Plans for Librarians

Authors: Alexander Watkins, Bridget Madden, Alexandra Provo, Danielle Reay, Anna Simon

Abstract: The authors guide art information professionals in crafting learning experiences that empower students to understand copyright and take advantage of fair use in their art, design, and academic practices. The College Art Association’s Code of Best Practices in Fair Use for the Visual Arts, endorsed by ARLIS/NA in 2015, is a key document that has the potential to transform the use of images in the visual arts. Education will be an essential part of the integration of the Code into the visual arts, and art information professionals are well positioned to teach fair use and the Code. This book was created to further ARLIS/NA’s mission to support the evolving role of art information professionals, which increasingly includes copyright and fair use instruction. The lesson plans in this book will help those new to copyright instruction teach the Code through engaging activities and assignments. The lesson plans are also meant to inspire teachers experienced with fair use instruction through creative ideas and new ways to integrate copyright instruction into art classes, digital humanities projects, and design education.

Citation: Watkins, Alexander, Bridget Madden, Alexandra Provo, Danielle Reay, and Anna Simon, eds. Fair Use in the Visual Arts: Lesson Plans for Librarians. Occasional Paper no. 17, ARLIS/NA, 2018. https://scholar.colorado.edu/libr_facpapers/121/


Source: Fair Use in the Visual Arts: Lesson Plans for Librarians

Open access in ethics research: an analysis of open access availability and author self-archiving behaviour in light of journal copyright restrictions

Authors: Mikael Laakso, Andrea Polonioli

Abstract: The current state of open access to journal publications within research areas belonging to the humanities has received relatively little research attention. This study provides a detailed mapping of the bibliometric state of open access to journal publications among ethicists, taking into account not only open access publishing in journals directly, but also where and in what form ethicists make their journal articles available elsewhere on the web. As part of the study 297 ethicists affiliated with top-ranking philosophy departments were identified and their journal publication information for the years 2010–2015 were recorded (1682 unique articles). The journal articles were then queried for through Google Scholar in order to establish open access status (web locations, document versions) of each publication record. Publication records belonging to the 20 most frequently used journal outlets (subset of 597 unique articles) were put under closer inspection with regards to alignment with publisher copyright restrictions as well as measuring unused potential to share articles. The results show that slightly over half of recent journal publications are available to read for free. PhilPapers and academic social networks (Academia.edu and ResearchGate) were found to be key platforms for research dissemination in ethics research. The representation of institutional repositories as providers of access was found to be weak, receiving the second lowest frequency rating among the eight discrete web location categories. Further, the study reveals that ethicists are at the same time prone to copyright infringement and undersharing their scholarly work.

Citation: Laakso, M., & Polonioli, A. (2018) Open access in ethics research: an analysis of open access availability and author self-archiving behaviour in light of journal copyright restrictions. Scientometrics, 1-27. https://doi.org/10.1007/s11192-018-2751-5 


Source: Scientometrics

Shadow Libraries

Editor: Joe Karaganis

Authors: Balázs Bodó, Laura Czerniewicz, Miroslaw Filiciak, Mariana Fossatti, Jorge Gemetto, Eve Gray, Evelin Heidel, Joe Karaganis, Lawrence Liang, Pedro Mizukami, Jhessica Reia, Alek Tarkowski

Abstract: Even as middle- and low-income countries expand their higher education systems, their governments are retreating from responsibility for funding and managing this expansion. The public provision of educational materials in these contexts is rare; instead, libraries, faculty, and students are on their own to get what they need. Shadow Libraries explores the new ecosystem of access, charting the flow of educational and research materials from authors to publishers to libraries to students, and from comparatively rich universities to poorer ones. In countries from Russia to Brazil, the weakness of formal models of access was countered by the growth of informal ones. By the early 2000s, the principal form of access to materials was informal copying and sharing. Since then, such unauthorized archives as Libgen, Gigapedia, and Sci-Hub have become global “shadow libraries,” with massive aggregations of downloadable scholarly materials.

The chapters consider experiments with access in a range of middle- and low-income countries, describing, among other things, the Russian samizdat tradition and the connection of illicit copying to resistance to oppression; BiblioFyL, an online archive built by students at the University of Buenos Aires; education policy and the daily practices of students in post-Apartheid South Africa; the politics of access in India; and copy culture in Brazil.

Citation: Karaganis, J (Ed.). (2018). Shadow Libraries. Access to Knowledge in Higher Education. Boston, MA: MIT Press.

Source: MIT Press

Artificial intelligence and copyright

Author: Andres Guadamuz

Abstract: Robotic artists have been involved in various types of creative works for a long time. Since the 1970s computers have been producing crude works of art, and these efforts continue today. Most of these computer-generated works of art relied heavily on the creative input of the programmer; the machine was at most an instrument or a tool very much like a brush or canvas. But today, we are in the throes of a technological revolution that may require us to rethink the interaction between computers and the creative process. That revolution is underpinned by the rapid development of machine learning software, a subset of artificial intelligence that produces autonomous systems that are capable of learning without being specifically programmed by a human.

A computer program developed for machine learning purposes has a built-in algorithm that allows it to learn from data input, and to evolve and make future decisions that may be either directed or independent. When applied to art, music and literary works, machine learning algorithms are actually learning from input provided by programmers. They learn from these data to generate a new piece of work, making independent decisions throughout the process to determine what the new work looks like. An important feature for this type of artificial intelligence is that while programmers can set parameters, the work is actually generated by the computer program itself – referred to as a neural network – in a process akin to the thought processes of humans.

Creating works using artificial intelligence could have very important implications for copyright law. Traditionally, the ownership of copyright in computer-generated works was not in question because the program was merely a tool that supported the .process, very much like a pen and paper. Creative works qualify for copyright protection if they are original, with most definitions of originality requiring a human author.

Source: WIPO Magazine

Citation: Guadamuz, Andres. “Artificial intelligence and copyright.” WIPO Magazine, No. 5/2017(October), pp. 14-19.

More than a House of Cards: Developing a Firm Foundation for Streaming Media and Consumer-Licensed Content in the Library

Author: William Cross

Abstract: This article will introduce traditional library practice for licensing multimedia content and discuss the way that consumer-licensing and streaming services disrupt that practice. Sections II and III describe the statutory copyright regime designed by Congress to facilitate the socially-valuable work done by libraries and the impact of the move from ownership to licensed content. Collecting multimedia materials has always presented special legal challenges for libraries, particularly as licensed content has replaced the traditional practice of purchasing and circulation based on the first sale doctrine. These issues have grown even more complex as streaming services like Netflix and Amazon and video game downloads through services like Steam have come to dominate the landscape. Section IV will describe the way that consumer-licensed materials, which not only remove the ownership that undergirds library practice, but also the ability to negotiate for library use, imperil the congressionally-designed balance. Section V will present a path forward for libraries to develop robust, cutting-edge collections that reflect a sophisticated understanding of the contractual and copyright issues at play.

Citation: Cross, W. (2016). More than a House of Cards: Developing a Firm Foundation for Streaming Media and Consumer-Licensed Content in the Library. Journal of Copyright in Education and Librarianship, 1(1), 1-24. DOI: 10.17161/jcel.v1i1.5919


Workflow Development for an Institutional Repository in an Emerging Research Institution

Authors: Jeanne Hazzard,  Stephanie Towery

Abstract: INTRODUCTION This paper describes the process librarians in the Albert B. Alkek Library at Texas State University undertook to increase the amount of faculty publications in their institutional repository, known as the Digital Collections. DESCRIPTION OF PROGRAM Digital Collections at Texas State University is built on a DSpace platform and serves as the location for electronic theses and dissertations, faculty publications, and other digital Texas State University materials. Despite having launched the service in 2005, the amount of faculty work added to the repository has never been at the levels initially hoped for on launch. DEVELOPMENT AND IMPLEMENTATION OF THE WORKFLOW Taking a proactive and cooperative approach, a team of librarians developed and piloted a workflow, in which library staff would retain the already established protocol of gaining faculty permissions prior to uploading material while respecting publisher copyright policies. RESULTS Prior to the vita project, the repository archived 305 faculty publications total. Fifty-seven were added during the pilot, which represents an 18.5% increase. Of a total of 496 articles, seventeen titles were found in the blue category, which allows publisher pdfs to be archived. The majority of articles (233) were found in the green category, which allows either a pre- or a post-print copy of an article to be archived. One hundred ten of the identified titles were in the yellow and white journal categories, representing 22% of our total, and the team was able to archive only five of these. Finally, 16% (81) were not found in the SHERPA/ RoMEO database (color-coded beige). Only 18 of these articles were archived. ASSESSMENT We discovered that our faculty retain nearly none of their pre-print or post-print versions of their published articles, and so we are unable to archive those titles in the repository. Nearly 47% of the articles found were in green journals that allow only pre- or post-print copies. Most faculty were unable to produce versions of their work other than the publisher’s PDF, which many publishers restrict from upload into a repository.

Citation: Hazzard, J. & Towery, S., (2017). Workflow Development for an Institutional Repository in an Emerging Research Institution. Journal of Librarianship and Scholarly Communication. 5(1). DOI: http://doi.org/10.7710/2162-3309.2166


Teaching Our Faculty: Developing Copyright and Scholarly Communication Outreach Programs

Authors: Jennifer Duncan, Susanne Clement, Betsy Rozum

Abstract: Although faculty are prolific producers and users of copyrighted works, they are often more concerned with ensuring that their articles are published than the terms of publication and how they can use the articles in their future teaching and research. However, once we started a conversation with faculty members about some of these issues, we discovered they were very interested in having the university provide them with the resources to establish a broad overview of the unforeseen ways copyright might be affecting their teaching and research. Unfortunately, many universities, have no copyright attorney on staff or unit devoted to copyright issues; this was certainly the case at USU. What is the role of the librarian in helping faculty when they clearly need, and even want, to understand copyright, but the university has not made available the appropriate resources?

Citation: Duncan, Jennifer; Clement, Susanne; and Rozum, Betty, “Teaching Our Faculty: Developing Copyright and Scholarly Communication Outreach Programs” (2013). Library Faculty & Staff Publications. Paper 117. http://digitalcommons.usu.edu/lib_pubs/117


Source: Teaching Our Faculty: Developing Copyright and Scholarly Communication Outreach Programs

Write up! A Study of Copyright Information on Library-Published Journals

Author: Melanie Schlosser

Abstract: Libraries have a mission to educate users about copyright, and library publishing staff are often involved in that work. This article investigates a concrete point of intersection between the two areas – copyright statements on library-published journals.  Journals published by members of the Library Publishing Coalition were examined for open access status, type and placement of copyright information, copyright ownership, and open licensing.  Journals in the sample were overwhelmingly (93%) open access. 80% presented copyright information of some kind, but only 30% of those included it at both the journal and the article level. Open licensing was present in 38% of the journals, and the most common ownership scenario was the author retaining copyright while granting a nonexclusive license to the journal or publisher. 9% of the sample journals included two or more conflicting rights statements. 76% of the journals did not consistently provide accurate, easily-accessible rights information, and numerous problems were found with the use of open licensing, including conflicting licenses, incomplete licenses, and licenses not appearing at the article level.

Citation: Schlosser, M. (2016). Write up! A Study of Copyright Information on Library-Published Journals. Journal of Librarianship and Scholarly Communication, 4, eP2110. DOI: http://doi.org/10.7710/2162-3309.2110


It’s all the same to me!: Copyright, contracts, and publisher self-archiving policies

Author: Nancy Sims

Abstract: “Green” open access—sharing copies of published scholarship online via repositories, rather than in the place of original publication—can be an appealing option for scholarly authors. It’s largely within their own control, and also often the option with least personal financial cost. Many publishers have standing policies enabling green open access of some kind, but the specifics of these policies vary widely and can be quite confusing for authors and others trying to understand and comply.

Citation: Sims, N. (2015). It’s all the same to me!: Copyright, contracts, and publisher self-archiving policies. College & Research Libraries News, 76(11), 578-581. https://doi.org/10.5860/crln.76.11.9411