mitigating risk - american library association...cfr tiered process initially, tier 2 was made up of...
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Mitigating Risk at the Front Lines: The Library Copyright First Responders
Program
Kyle K. CourtneyCopyright Advisor
Harvard Library Office for Scholarly Communication
@KyleKCourtney
Library Copyright First Responders Best Practices
• “Copyright, huh?”Origins
• Questions received• Mission Oriented• Subject Expertise
Rationale
• Immersion• Safe Space• “Train the Trainers”
Training
Origins of Copyright First Responders
• Several “Library Copyright 101” Classes• 28% of the librarians reported dealing with
copyright issues Everyday• 26% reported dealing with copyright issues
Very Frequently
• Development of MOOCs – Library involvement• Lack of centralized copyright office
Structure of Copyright First Responders Program
Hub and Spoke Model
• Centralized vs. Decentralized models
• Subject Expertise (learning curve)• Part of core values/mission• Natural place for questions to
arrive
Copyright
Copyright
Copyright
Copyright
Law Librarians Archvists Art Librarians Music Librarians
Undergrad MLIS PhD, MA, etc. Copyright
Wouldn’t it be great if there was some formalized structure in place to deal with these questions?
CFR Tiered Process
Initially, Tier 2 was made up of folks with a law background and were trained on specific MOOC issues
Development of the CFR “Curriculum”
© understanding
Hand-pick first (small)
group
Develop Programming
Based on initial
surveys
Schedule
Get buy-in early
Immersion
Class-like immersion
Benefits on from Hub and Spoke
Externally Front Line Questions
Answered Spokes become their
own hub (“stand-ups”) More complex questions
have direct channel “up”
Still supported by CFR peers
Resume/CV building skill
Internally Spokes are new data
points Accurate measure of ©
questions Utilize questions to make
Library © Policy Advanced questions
given more timeMitigating Risk at front
lines
Keys to Success
Third Cohort,Fourth, etc.
Statistics From Year 1Questions
Fair Use
Public Domain
Licensing/Contract
Substitution/Research
Other
Fair Use Dominated the Spectrum E-Reserves
Journal, Chapters, Video clips
3rd Party Materials in thesis and dissertations (ETD’s) Copyright in MOOCs Exhibits/Displays (Digital and Ground) Digitization Projects Non-educational uses
Selling T-Shirts Company Logos Posters/Buttons
Licensing and Contract Law Impossible to teach modern © without also teaching about licensing
and contracts Separate sessions for both topics ("Coffee, Copyright, & Contracts!" ) Understanding and breaking
down “legalese” Understanding Author’s
Rights vs. Publisher’s Rights Exclusive vs. Non-Exclusive rights Open Access Policies at Harvard
Substitution, Research, and Public Domain
“Side-stepping” Copyright Public Domain (Peter Hirtle’s Public Domain
Chart) Understanding and Sharing Creative Commons
knowledge Copyright Questions sometimes become
Reference Questions Peer to Peer learning
Curriculum of CFR Program Core Copyright Concepts: What is copyright? Duration How to read cases, statues, laws Library-specific rights immersion
Section 108 (Preservation, ILL, Digitization, etc.)
Section 109 (First Sale) Section 107 (Fair Use) Specialized Topics
Orphan Works
e-Reserves
Licensing/Contract
Open Access
DMCA
Example: Copyright Superpowers of Libraries and Archives (Part I)
17 USC 504(c)(2): The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational
institution, library, or archives acting within the scope of his or her employment….
Low Risk vs. No Risk
Ultimate Goal?
Make it FUN!
Copyright First Responders
Interested in forming your own CFR?• “Johnny Appleseed” of Copyright
First Responders• Initial Training• Best Practices• Curriculum• Private Listserv• Certificates, Patches, etc.• Free!
THANK YOU
Kyle K. CourtneyCopyright Advisor
Harvard Library Office for Scholarly Communication
@KyleKCourtney