occupy copyright!

OCCUPY COPYRIGHT

Dorothea SaloSchool of Library and Information Studies

University of Wisconsin–Madison

before it destroys scholarship and libraries for good

So, 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 Cleaverhttp://www.flickr.com/photos/alancleaver/4293345633/ CC-BY 2.0

Frankly, I’m alarmed at what’s going on with copyright in libraries and education right now, and I want to share what’s going on, because I don’t want to be the only one alarmed!

biggest threat to libraries?

Photo: “$5700” by Andrew Magillhttp://www.flickr.com/photos/amagill/362201147/ CC-BY 2.0

If you ask librarians what’s the biggest threat to libraries right now, I suspect a lot of them will talk about money. Budgets being slashed, branches being closed, money money money. Well, I don’t actually believe that money is the greatest threat to modern libraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudes held by many, mostly corporate, copyright owners.

Protect IP Act: In current House version, would allow the US to demand that US-based DNS servers and search engines refuse to take browsers to a site deemed by a copyright holder to have violated copyright. No judge will be involved in deciding what sites to censor! Imagine the Author’s Guild effectively wiping Hathi Trust off the Internet with a single copyright claim, and you get a sense of how bad this bill is.

biggest threat to libraries?

©If you ask librarians what’s the biggest threat to libraries right now, I suspect a lot of them will talk about money. Budgets being slashed, branches being closed, money money money. Well, I don’t actually believe that money is the greatest threat to modern libraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudes held by many, mostly corporate, copyright owners.

Protect IP Act: In current House version, would allow the US to demand that US-based DNS servers and search engines refuse to take browsers to a site deemed by a copyright holder to have violated copyright. No judge will be involved in deciding what sites to censor! Imagine the Author’s Guild effectively wiping Hathi Trust off the Internet with a single copyright claim, and you get a sense of how bad this bill is.

biggest threat to libraries?

PROTECT IP

ACT

If you ask librarians what’s the biggest threat to libraries right now, I suspect a lot of them will talk about money. Budgets being slashed, branches being closed, money money money. Well, I don’t actually believe that money is the greatest threat to modern libraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudes held by many, mostly corporate, copyright owners.

Protect IP Act: In current House version, would allow the US to demand that US-based DNS servers and search engines refuse to take browsers to a site deemed by a copyright holder to have violated copyright. No judge will be involved in deciding what sites to censor! Imagine the Author’s Guild effectively wiping Hathi Trust off the Internet with a single copyright claim, and you get a sense of how bad this bill is.

Today’s plan

in context.

COPYRIGHT

CONCEPTS

not necessarily the usual ones!

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

Lib colls: and what you can do with them without looking over your shoulder.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

... hope?

Lib colls: and what you can do with them without looking over your shoulder.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

HarperCollins

26checkouts

interlibrary loan

- no ILL across international boundaries sans publisher permission- NO DIGITAL DELIVERY except by publisher. Patrons MUST retrieve 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 all private research use for which permission fees are not paid.  It is important to understand that such a standard would give the United States the most restrictive copyright law in the world, and it would do so without the intervention of Congress.”

how?

FIRST

SALENO digital first sale! NO first sale in anything leased instead of purchased! And most e-content, e-journals and ebooks alike, is indeed leased!First sale under threat in other ways too...

Lending foreign works?

COSTCO V.

OMEGA

you only THOUGHT that was legal!

Costco v. Omega: first sale doesn’t apply if a work is manufactured and sold abroad, then imported to the US (which libraries do all the time! it’s the only way to GET a lot of foreign works!)

Lending foreign works?

WILEY V.

KURTSAENG

you only THOUGHT that was legal!

Wiley v. Kurtsaeng: first sale doesn’t apply EVEN WHEN work is sold in the US with the copyright holder’s consent! Seriously, WTF? Libraries can now be sued for copyright violation for lending books we bought fair and square? We now have to track where a book was MANUFACTURED in order to sort out whether we can lend it? This is outrageous.

Impact on students as well: no reselling of textbooks manufactured abroad! Aren’t textbooks expensive enough already?

the perennial serials crisis

300%just got real.

how?

WELL...

BASICALLY...

... BECAUSE

THEY CAN.

could you be prosecuted

AARON

SWARTZ

for breaking a publisher-library contract?

Nancy Sims: “In several instances, the criminal charges are based specifically on the fact that Swartz violated MIT and JSTOR user policies—and in those instances, these charges raise some significant issues that the academic library community should be concerned about.” Even when JSTOR and MIT declined to sue, the feds prosecuted!

What’s the connection to copyright? Come on, do you think this would have happened without the overheated rhetoric from the Big Media lobbies in Washington? I sure don’t.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

e-reserves

VS.

Does anybody ELSE think the idea of university presses suing universities and their libraries over teachers and students using scholarly works in the classroom is just plain SICK? Oh, good, it’s not just me.

(talk about 1976 guidelines)

all of us!

e-reserves

VS.

Does anybody ELSE think the idea of university presses suing universities and their libraries over teachers and students using scholarly works in the classroom is just plain SICK? Oh, good, it’s not just me.

(talk about 1976 guidelines)

how?

FAIR

USE

RIP

Harvard Business Review

did you really buy what you thought you bought?

how?

CONTRACT

LAW TRUMPS

FAIR USE.

Electronic theses

it’s FUD season!

Open Access is “socialized science” per ACS editor-in-chief Rudy M. Baum, arguing against the NIH Public Access Policy. Judging from his salary, and the nice little racket he has going where the ACS accredits chemistry departments, and makes purchasing its OWN 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 make Rudy M. Baum money. In any case, the point is that some scholarly societies are using copyright as a weapon against open access in particular, and scholarship generally. Who can stop them? YOU CAN.

Electronic theses

it’s FUD season!

Open Access is “socialized science” per ACS editor-in-chief Rudy M. Baum, arguing against the NIH Public Access Policy. Judging from his salary, and the nice little racket he has going where the ACS accredits chemistry departments, and makes purchasing its OWN 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 make Rudy M. Baum money. In any case, the point is that some scholarly societies are using copyright as a weapon against open access in particular, and scholarship generally. Who can stop them? YOU CAN.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

Google Books

Hathi and orphans

whole lotta overreachin’ goin’ on! AG wants everything from 1923-63 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?

ORPHAN

WORKS

the root problem is

STATUTORY

DAMAGES.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

Sound recordings

Photo: “this is not a social media megaphone” by mikael altemarkhttp://www.flickr.com/photos/altemark/337248947/ CC-BY 2.0

governed 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!” past performance is no guarantee...

Multimedia

analog and digitalPhoto: ‘“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 Bonnainhttp://www.flickr.com/photos/jbonnain/523672080/ CC-BY 2.0

Amazon removing 1984 from Kindles owing to copyright dispute.

why?

SECTION

108RIP

why are libraries specifically having so much trouble with this?

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

... hope?

COPE

More going on: campus mandates, NIH etc. Publishers still trying to chip away, of course...

#OCCUPYSCHOLCOMM

John Dupuis started it! The Hulk picked up the cry...

real press

real press

real press

Gluejar and Unbound

FINAL FORM OF ACTA?

because we watchdogged.

NOT AS

BAD AS IT

COULD BE.

There’s plenty more to watchdog. The Copyright Office is going to take up mass digitization and libraries’ Section 108 exemptions shortly. ACTA is still chugging through the system. We NEED to watch, and make our voices heard.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

LESSONS

LEARN.

no more hiding behind “I don’t know how the system works.”

If you’re not outraged, you’re not paying attention. If you’re not paying attention, you’re being had. Pay attention. Learn. Be outraged. And occupy copyright along with me!

When copyright holders act as enemies of academic values,

we need to treat them as such.

NO MORE

NICE SCHOLAR!

And yeah, they’re gonna kick, call us Mean Nasty People. Or, you know, commies. Too bad. We’re in this for fairness, balance, and knowledge.

no more guff about mission.they can’t be allowed to hold

scholarship for ransom.

THIS INCLUDES

SCHOLARLY

SOCIETIES.

If we don’t negotiate for what we write, who will do it for us?

WE NEED TO OWN

OUR OWN STUFF.

Who’s going to set the example here?

Open access ain’t free. If we want it, time to pony up.

TIME TO PUT OUR

BENJAMINS WHERE

OUR MOUTHS ARE.

Labor as well as money! Reviewing labor, depositing labor. See researchwithoutwalls dot org.

if your work isn’t open access,you can make it so! and you should.

TIME TO PUT OUR

PUBLICATIONS WHERE

OUR MOUTHS ARE.

hi, syracuse!

... well, it’s a start.

hi, syracuse!

the ischool...

isn’t leading. why not?

Calling out the School of Information Studies specifically. EIGHT DEPOSITS. Typical of LIS schools, which is even sadder.

we all can!

i know you can improve.

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.