Me = CDL. Serving whole UC system. Independent nation states of UC 10 campuses (plus labs, extension, etc.). Thousands of faculty. Each campus has its own DMCA registered agent. UCOP, which is like CDL’s campus, has it’s own registered agent. AND - CDL has its own. Each campus agent may be getting notices for articles on decentralized sites along with all the stuff that the posters AREN’T the authors of. The library doesn’t know. I CERTAINLY don’t know.
13 years old, 85K publications, over 25 million views. 18K PPW. Have journals, departmental series with local adminsitrators. But NO mediation user uploads for previously published articles.
1 set of takedown notices, spring of 2014. 9 articles. 1 publisher. All at least 6 years old, SO THEY’RE NOT covered by the OA policy.
Sent to a bizarre choice of email address. with duplication of some articles on the list. By a third party, not the publisher (ASCE). And of course, it was new to everyone dealing with it.
 Poor fit + decentralization + unfamiliar thing = confusion Confusion = worry + fear We asked ASCE for publishing agreements - pub said, if the author wants to get into it with us, we don’t care about you. We told authors this. And about counter notice rights. At least one author said they’d asked ASCE for permission to post, and gotten it. None of the authors wanted to pursue the issue. A theme I’ve also seen with the OA policy - authors identify with their publishers to a great degree, and aren’t naturally comfortable with a worldview in which they and their publisher might have diverging interests.
 Messy situation? Have clear communication. At UC, not clear if there are any trends. Nothing else to eSchol. All you can do: HAVE AN ACTION PLAN. DMCA only spells out the minimum. -what do you tell the user? (counter notice? version issues? relationship to OA policy?) -who do you tell, besides the uploading user? (counsel? library help staff? co authors?) -how do you define expeditiously? do you push back on the ownership issue? -if takedown, what do you put on the page where the item used to be? “This document is no longer available due to a copyright claim by the American Society of Civil Engineers (ASCE).” -who has to be involved in making and approving the plan? How does this coordinate w/, e.g., campus IT?
-Submit copies of notices to chilling effects (pretty please!)
DMCA takedown notices and the eScholarship repository
DMCA Takedown Notices
and the eScholarship Repository
California Digital Library
How can you minimize
1.What do you tell the user?
2.Who else do you notify?
3.How do you define “expeditiously”?
4.If you take something down,
what do you put in its place?
5.Who needs to sign off on this plan?
6.And last but not least…
Share your story.
• Blog if you’ve got one.
• Our post: bit.ly/eScholASCE