A presentation given by SMC business librarian to the faculty cohorts of SMC's Digital Driver's License program. The presentation covers how to best prepare and share digital content for online teaching within the bounds of copyright law and demonstrating ethical practices.
4. Copyright
Copyrighted material can not be
reproduced and/or distributed in any form
without expressed permission of the
rights holder.
(And sometimes that permission comes with a fee attached)
5. Fair Use
A legal exception to using copyrighted material
without asking for permission.
Problem? No rules to follow. Fair use is not
defined or outlined.
“Think your specific situation is fair use? Try it
out, see if someone sues you.” —Jessamyn
West
11. “An ‘electronic resource’ is defined as any work
encoded and made available for access through the
use
of a computer” — Library of Congress
e-books, e-journals,
streaming/downloadable video, mp3
sound files,
digital images
14. 56%28%
14%2%
Electronic resources
In-house print resources
Off-site storage (print)
Other formats
Breakdown of resource format at SMCL
Purchased / Subscribed Content
statistics as of July 1, 2014
20. License Agreements
Rules govern the use
of electronic
resources.
Each resource varies.
Beware: DRM; MUPO/SUPO; no share; no download
askalib@stmarys-ca.edu
21. What will work best for your students
to access course material?
22.
23.
24.
25. The library staff is here to help.
http://www.stmarys-ca.edu/library/about-the-library/staff-
directory/librarian-subject-selectors-and-faculty-liaisons
http://www.stmarys-ca.edu/library/using-the-
library/reserves/copyright-guidelines-for-reserves
askalib@stmarys-ca.edu
26. References
Library of Congress. (2008). Library of Congress collections policy statements
supplementary guidelines. Retrieved from
http://www.loc.gov/acq/devpol/electronicresources.pdf
West, J. (2014, Oct 14). After some victories, the time has come to legally define “fair
use.” Retrieved from https://openstandard.mozilla.org/after-some-victories-the-time-
has-come-to-legally-define-fair-use/
“Authentication.” (2006). In High definition: A-Z guide to personal technology. Boston,
MA: Houghton Mifflin Harcourt. Retrieved from Credo Reference Collections.
28. Digital Resources for Course
Readings / Viewings
Prepared by Sarah Vital, Business Librarian, Saint Mary’s College of California
for Digital Drivers License
Editor's Notes
Products get patents;
Images/words that represent a product get a trademark;
creative works (written, image, audio, etc) get copyright.
Important things:
Copyright is granted for the lifetime of the creator plus 70 years (copyright law was changed to be longer as Mickey Mouse was set to become public domain under the old law; new legislation introduced and pushed by Rep. Sonny Bono changed that to the longer rules of today. Mickey Mouse will be public domain in the year 2036. Expect laws to change in 2035.)
80% of material in the average academic library is protected by copyright
The digital world has thrown copyright protect (and prosecution/defense) for a loop.
Copyright law is complicated, and there are many protections. A key protection deals with reproduction and distribution.
Really. There are no rules to follow. You can make educated decisions, but nothing is guaranteed “fair use.”
Judges use 4 factors to help them decide if something is considered “fair use.” From that, “we” have tried to create some guidelines for what could be considered fair use. It’s a moving target and imprecise. Some of those reasons probably sound familiar. But…
None of the the common “reasons” for claiming fair use have actually stood up regularly in court. Sometimes they do; sometimes they don’t.
For example, the 10% rule was just rejected.
The TEACH Act of 2002 was put in place to protect sharing materials for distance education.
NOTE: SMC has not developed nor publicized its copyright policies.
It actually didn’t really change much. It’s not a “free pass” any more than “fair use.” Copyright law still errs on the side of caution and protection of the rights holder.
We could be stranded turtles. But lending and sharing is not the problem. Changing format and re-distributing is the big problem. So, using content that is digitally native solves a lot of the problem.
“natively digital”? As far as I know, that’s my own term. (hmm… natively digital™)
I mean it to mean “things that are produced and distributed by the original content creator (i.e., rights holder) in a digital format. “
Basically… posting a copy may not be ok, but posting a link to original is ok. And there is a LOT you can link to.
Again, these are “encoded and made available” by the RIGHTS HOLDER. Just scanning a book you bought does not make it an electronic or digital resource for the purpose of this discussion.
Some examples of digital resources that are A-OK to link to for your course are things in the public domain, open contributions, and purchased/subscribed content from your library.
Things published in the US before 1923 are public domain. (And anything 70 years past the death of the original creator)
Anything published by the US government is public domain.
The wikipedia link is actually a pretty good collection of public domain resources. Wikipedia lives and dies by availability of public domain, so they would be a good source.
Increasingly, content creators are allowing their content to be freely accessible and sharable.
*Open Access: studies funded by government grants typically need to be available in open access (the idea is the people paid for the research— in taxes— so they should have access to it); other academics are choosing to publish in open access journals
*Creative Commons: common for photos and other media, Creative Commons is a common license agreement that people use when publishing online; rights holders can easily waive (or confirm) their copyright. (visit the website for more information)
*Many podcasts are freely available to listen to or share. (The tiny url connects to an article I found useful for finding different resources of free podcasts)
The SMC is buying more and more electronic content. a) Because it’s wanted, and b) Because our walls are not rubber and we have no room for print.
Journals are BY FAR the most common electronic content we have. If you want students to read an article, we probably have it in electronic format already. Check to see if we have the titles you’re looking for at http://www.stmarys-ca.edu/library/journalsperiodicals
Most of our e-book titles have come to us through annual subscriptions to two major e-book collections (eBooks on EBSCOhost, and ebrary).
But we can buy individual titles in some e-book platforms. Check with your librarian
Video is a new area. Feature films remain a BIG problem. Accessibility online is still very limited to individual users (i.e., personal subscriptions to NetFlix, Amazon).
Academic films are much easier to stream via the Library. Ask your librarian for a title you want streaming, or for help finding a title we already have that might be good.
See! Lots of electronic content already available! Let your librarian know your preference for print or electronic when asking for new content.
Each of our almost 200 electronic resources has a specific license agreement. As a rule, we negotiate for as open an agreement as possible. MOST of our resources allow for link sharing for class / course reserves. But some (*cough* Harvard Business Review *cough*) do not. Again, check in with your librarian. We know the limitations if there are any.
Basically, it’s how we can have this content. We have to promise we can limit access to the content to people at SMC. And we have a very good system going.
This is an example of e-Res. This professor has cleared copyright for a few articles and chapters to be scanned and posted as documents. But for one of the book chapters, we have the book electronically in ebrary. No need for scanning and posting; we just link out to the e-book. No copyright issue.
This professor has used only material that she doesn’t need to get copyright clearance for. All of the articles / chapters in her reading list are available electronically through library purchase or subscription. YAY!
Don’t think you are “bothering” us; we are here to help. It’s not a bother or burden. It’s our pleasure to help you get the content you need in the best possible way. Really. Look up your librarian liaison and content him or her with your questions. Or just send them to the general reference email: askalib@stmarys-ca.edu