Occupy Copyright!

OCCUPY COPYRIGHT before it destroys scholarship and libraries for good Dorothea Salo School of Library and Information Studies University of Wisconsin–MadisonSo, I’m notorious for changing slides and even talk titles at the last minute. I’ve done it again!

DISCLAIMERS: I don’t do open access for a living any more. (that’s okay. I was pretty bad at it.) i’m also not a lawyer.

Photo: “Alarm Clock 3” by Alan Cleaver http://www.ﬂickr.com/photos/alancleaver/4293345633/ CC-BY 2.0Frankly, I’m alarmed at what’s going on with copyrightin libraries and education right now, and I want toshare what’s going on, because I don’t want to be theonly one alarmed!

biggest threat to libraries? Photo: “$5700” by Andrew Magill http://www.ﬂickr.com/photos/amagill/362201147/ CC-BY 2.0If you ask librarians what’s the biggest threat to libraries rightnow, I suspect a lot of them will talk about money. Budgets beingslashed, branches being closed, money money money. Well, I don’tactually believe that money is the greatest threat to modernlibraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudesheld by many, mostly corporate, copyright owners.Protect IP Act: In current House version, would allow the US todemand that US-based DNS servers and search engines refuse totake browsers to a site deemed by a copyright holder to haveviolated copyright. No judge will be involved in deciding what sitesto censor! Imagine the Author’s Guild effectively wiping HathiTrust off the Internet with a single copyright claim, and you get asense of how bad this bill is.

© biggest threat to libraries?If you ask librarians what’s the biggest threat to libraries rightnow, I suspect a lot of them will talk about money. Budgets beingslashed, branches being closed, money money money. Well, I don’tactually believe that money is the greatest threat to modernlibraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudesheld by many, mostly corporate, copyright owners.Protect IP Act: In current House version, would allow the US todemand that US-based DNS servers and search engines refuse totake browsers to a site deemed by a copyright holder to haveviolated copyright. No judge will be involved in deciding what sitesto censor! Imagine the Author’s Guild effectively wiping HathiTrust off the Internet with a single copyright claim, and you get asense of how bad this bill is.

I P C T E T T O C R A P biggest threat to libraries?If you ask librarians what’s the biggest threat to libraries rightnow, I suspect a lot of them will talk about money. Budgets beingslashed, branches being closed, money money money. Well, I don’tactually believe that money is the greatest threat to modernlibraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudesheld by many, mostly corporate, copyright owners.Protect IP Act: In current House version, would allow the US todemand that US-based DNS servers and search engines refuse totake browsers to a site deemed by a copyright holder to haveviolated copyright. No judge will be involved in deciding what sitesto censor! Imagine the Author’s Guild effectively wiping HathiTrust off the Internet with a single copyright claim, and you get asense of how bad this bill is.

Today’s plan HT G S I T R P Y E P C O N C O C in context.not necessarily the usual ones!

LIBRARY COLLECTIONS TEACHING DIGITIZATION PRESERVATIONLib colls: and what you can do with them withoutlooking over your shoulder.

LIBRARY COLLECTIONS TEACHING DIGITIZATION PRESERVATION ... hope?Lib colls: and what you can do with them withoutlooking over your shoulder.

LIBRARY COLLECTIONS TEACHING DIGITIZATION PRESERVATION

HarperCollins 26 checkouts

interlibrary loan- no ILL across international boundaries sans publisher permission- NO DIGITAL DELIVERY except by publisher. Patrons MUSTretrieve PHYSICAL copy FROM LIBRARY.- library must perform “due diligence” to ensure “private, non-commercial use” (this is not in the law!)- to hell with distance-ed students, ﬁeld researchers- Smith: “Presumably this is the thin end of a wedge to attack allprivate research use for which permission fees are not paid. It isimportant to understand that such a standard would give theUnited States the most restrictive copyright law in the world, and itwould do so without the intervention of Congress.”

how? S T I F AR LE SNO digital ﬁrst sale! NO ﬁrst sale in anything leased instead ofpurchased! And most e-content, e-journals and ebooks alike, isindeed leased!First sale under threat in other ways too...

Lending foreign works? V. O C A T G S E O C M O THOUGHT that you only was legal!Costco v. Omega: ﬁrst sale doesn’t apply if a work is manufacturedand sold abroad, then imported to the US (which libraries do allthe time! it’s the only way to GET a lot of foreign works!)

Lending foreign works? . V G Y N LE AE I S W T U R K you only THOUGHT that was legal!Wiley v. Kurtsaeng: ﬁrst sale doesn’t apply EVEN WHEN work issold in the US with the copyright holder’s consent! Seriously, WTF?Libraries can now be sued for copyright violation for lending bookswe bought fair and square? We now have to track where a bookwas MANUFACTURED in order to sort out whether we can lend it?This is outrageous.Impact on students as well: no reselling of textbooksmanufactured abroad! Aren’t textbooks expensive enough already?

the perennialserials crisis 0 % 30 just got real.

how? .. ... L. Y E LL L W CA S I S E B A U . A N C A E C .. EB Y . T H

could you be prosecuted N O TZ RR AA A S W for breaking a publisher- library contract?Nancy Sims: “In several instances, the criminal charges are basedspeciﬁcally on the fact that Swartz violated MIT and JSTOR userpolicies—and in those instances, these charges raise somesigniﬁcant issues that the academic library community should beconcerned about.” Even when JSTOR and MIT declined to sue, thefeds prosecuted!What’s the connection to copyright? Come on, do you think thiswould have happened without the overheated rhetoric from the BigMedia lobbies in Washington? I sure don’t.

e-reserves VS.Does anybody ELSE think the idea of university pressessuing universities and their libraries over teachers andstudents using scholarly works in the classroom is justplain SICK? Oh, good, it’s not just me.(talk about 1976 guidelines)

e-reserves VS. all of us!Does anybody ELSE think the idea of university pressessuing universities and their libraries over teachers andstudents using scholarly works in the classroom is justplain SICK? Oh, good, it’s not just me.(talk about 1976 guidelines)

how? I R A E F S U IP R

Harvard Business Review did you really buy what you thought you bought?

how? T C S A P R M T U N RC O T E. W RU S A IL A F

Electronic theses it’s FUD season!Open Access is “socialized science” per ACS editor-in-chief RudyM. Baum, arguing against the NIH Public Access Policy. Judgingfrom his salary, and the nice little racket he has going where theACS accredits chemistry departments, and makes purchasing itsOWN JOURNALS a condition of accreditation, “socialized science”means “anything that ain’t gonna make Rudy M. Baum money!”Well, um, don’t know about you, but I’m not in academia to makeRudy M. Baum money. In any case, the point is that some scholarlysocieties are using copyright as a weapon against open access inparticular, and scholarship generally. Who can stop them? YOUCAN.

Google Books

Hathi and orphanswhole lotta overreachin’ goin’ on! AG wants everything from1923-63 out: not all this is in-copyright!

SPECIAL COLLECTIONS AND ARCHIVES... ...LOCKED AWAY?If we don’t own (c) or get a license we can’t digitize.

Our own worst enemies...

What’s this about? A N H S P K R R O O W

the root problem is R Y O . T S U E T G A A T M S A D

Sound recordings Photo: “this is not a social media megaphone” by mikael altemark http://www.ﬂickr.com/photos/altemark/337248947/ CC-BY 2.0governed by state, not federal, law pre-1972Isn’t copyright uncertain ENOUGH? This is just awful.hearings recently to consider “harmonizing” to fed standardserious issue for fragile and obsolete analog formatsRIAA: “but nobody’s ever sued over preservation!” pastperformance is no guarantee...

Multimedia analog and digital Photo: ‘“Burned” DVD, microwaved to ensure total elimination of private data.’ by Roman Soto / http://www.ﬂickr.com/photos/ninjanoodles/153893226/ CC-BY 2.0

DRM Photo: “1984... meet DRM” by Josh Bonnain http://www.ﬂickr.com/photos/jbonnain/523672080/ CC-BY 2.0Amazon removing 1984 from Kindles owing tocopyright dispute.

why? O N T8I C 0 E 1 S P R Iwhy are libraries speciﬁcally having so much troublewith this?

LIBRARY COLLECTIONS TEACHING DIGITIZATION PRESERVATION ... hope?

COPEMore going on: campus mandates, NIH etc. Publishersstill trying to chip away, of course...

#OCCUPYSCHOLCOMMJohn Dupuis started it! The Hulk picked up the cry...

real press

Gluejar and Unbound

FINAL FORM OF ACTA? S T A I T S . O A E N D B A LD B U O C we watchdogged. becauseThere’s plenty more to watchdog. The CopyrightOffice is going to take up mass digitization andlibraries’ Section 108 exemptions shortly. ACTA is stillchugging through the system. We NEED to watch, andmake our voices heard.

LIBRARY COLLECTIONS TEACHING DIGITIZATION PRESERVATION LESSONS

N . AR LE no more hiding behind “I don’t know how the system works.”If you’re not outraged, you’re not paying attention. Ifyou’re not paying attention, you’re being had. Payattention. Learn. Be outraged. And occupy copyrightalong with me!

E R! R LA OO MH N SO C I C E N When copyright holders act as enemies of academic values, we need to treat them as such.And yeah, they’re gonna kick, call us Mean NastyPeople. Or, you know, commies. Too bad. We’re in thisfor fairness, balance, and knowledge.

ES D LU LY C R . I N LA ES I S HO TI H C IET S C SO no more guff about mission. they can’t be allowed to hold scholarship for ransom.

N W . O F O UF T T D S EE N N W E O W UR O If we don’t negotiate for what we write, who will do it for us?Who’s going to set the example here?

R O U RE UT HE E. P W R TO NS S A E I H IM AM UT T J O EN M B R OU Open access ain’t free. If we want it, time to pony up.Labor as well as money! Reviewing labor, depositinglabor. See researchwithoutwalls dot org.

R E OU ER UT WH E. P S TO ION S AR E T IM CA UTH T I O BL R M PU O U if your work isn’t open access,you can make it so! and you should.

hi, syracuse!

hi, syracuse! ... well, it’s a start.

the ischool... isn’t leading. why not?Calling out the School of Information Studiesspeciﬁcally. EIGHT DEPOSITS. Typical of LIS schools,which is even sadder.

i know you can improve. we all can!

From her mouth... to your ears!

People to watch★ Kevin Smith / @klsmith4906 ★ Blog: blogs.library.duke.edu/scholcomm/★ Nancy Sims / @CopyrightLibn ★ Blog: blog.lib.umn.edu/copyrightlibn/★ Kenneth Crews / @kcrews ★ Blog: copyright.columbia.edu/copyright/blog/★ James Grimmelmann / @grimmelm ★ Blog: laboratorium.net★ @ARLPolicy (group) ★ Blog: policynotes.arl.org/

THANK YOU!(AND GOOD LUCK TO US ALL!)This presentation is available under a Creative Commons Attribution 3.0 United States license.

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Occupy Copyright!

by Dorothea Salo

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