Journal of Copyright in Education & Librarianship
https://www.jcel-pub.org/
<p>The Journal of Copyright in Education and Librarianship is bi-annually published in the spring and fall. It is a peer-reviewed open-access publication for original articles, reviews and case studies that analyze or describe the strategies, partnerships and impact of copyright law on public, school, academic, and digital libraries, archives, museums, and research institutions and their educational initiatives.</p> <p>The journal welcomes original research and practitioner experience papers, legal analysis, as well as submissions in alternative formats.</p> <p>In order to lower barriers to publication for authors, <em>JCEL</em> does not charge submission or any other form of author fees. Copyright in the articles will remain with the authors, and all articles will be published under a <a href="https://creativecommons.org/">Creative Commons</a> license.</p> <p>Please visit the <a href="https://www.jcel-pub.org/about">Focus and Scope</a> section for additional information.</p>The University of Kansas LibrariesenJournal of Copyright in Education & Librarianship2473-8336An Introduction to the Special Issue on Paths to Copyright Librarianship
https://www.jcel-pub.org/article/view/18492
<p>As adults, conversations about work and careers are standard. Copyright librarianship is a unique field and inevitably people ask, “How did you get into that?” Like many folks, I have an origin story that belies the smooth arc we all imagine. I had been thinking about my journey, and wondering how others came to this work. Could they point to a moment or person that helped them along the way? Might my and others’ stories be insightful or beneficial to others? The stories in this issue are all different and compelling. Read on and learn the varied ways lawyers and librarians became copyright librarians.</p>
IntroductionSandra Aya Enimil
Copyright (c) 2022 Sandra Enimil
2022-09-132022-09-1310.17161/jcel.v6i1.18492A Researcher’s Curiosity, a Risk Manager’s Temperament, and an Educator’s Commitment
https://www.jcel-pub.org/article/view/18491
<p>I am Mayya Revzina, originally from Kirov and Moscow, Russia, currently living in Bethesda, Maryland. I am a publishing professional with experience in communications and international publishing in Russia, the U.K., and the U.S. I began my career in publishing in 2006 working for a small Russian publisher, OGI Press (United Humanities Press), famous for its publications of poetry, non-fiction, and contemporary novels. When interviewed by a panel of officers from World Bank Publications at the London Book Fair 2007, where I was competing with fellow graduate students from U.K. universities for the World Bank Publishing Internship Prize, I confessed that my dream job would be to become a rights manager and facilitate translations into different languages. For the past 15 years, I have been working as a copyright and publishing rights manager at the World Bank. At the moment I am focused on safeguarding the success of the Bank’s Open Access Policy and Open Knowledge Repository, as well as educating my colleagues, including researchers, communication professionals, and knowledge managers, about copyright, open access and public licensing. In 2017 I launched the Copyright Coffee educational series at the World Bank Group library, which have generated great demand.</p>
ArticlesMayya Revzina
Copyright (c) 2022 Mayya Revzina
2022-09-132022-09-1310.17161/jcel.v6i1.18491From Novice to Expert: Building Copyright Expertise Over Time
https://www.jcel-pub.org/article/view/18490
<p>Students and early career professionals should not be dissuaded from considering a career in copyright librarianship if they have an interest in the subject matter and a willingness to seek out professional development opportunities. Despite starting my MLIS degree with no legal or academic libraries experience, I was able to obtain a skill set in copyright literacy that enabled me to secure an entry level copyright librarian position upon graduation. Those who are willing to embrace being a novice and seek out available opportunities to build their expertise will find copyright librarianship a rewarding and valuable area of specialization to pursue.</p>
ArticlesStephanie Savage
Copyright (c) 2022 Stephanie Savage
2022-09-132022-09-1310.17161/jcel.v6i1.18490Paths to a Career in Copyright Leadership: When Metadata Met Copyright
https://www.jcel-pub.org/article/view/18394
<p>This article explores the experience of a librarian with a background in metadata and digital collections and the introduction of copyright into their career. It offers insight on how to handle copyright if it is added to your job description.</p>
ArticlesMariah S. Lewis
Copyright (c) 2022 Mariah S. Lewis
2022-09-132022-09-1310.17161/jcel.v6i1.18394A Tribute to Fritz Dolak, Copyright Librarian of Ball State University
https://www.jcel-pub.org/article/view/18268
<p>The community of copyright professionals lost a champion recently, with the passing of Frank J. (“Fritz”) Dolak on July 14, 2021. Fritz was the copyright librarian at Ball State University, and he was known nationally for the series of annual copyright conferences he organized and led in Indiana, and for his leadership in addressing the use of copyrighted works for the enhancement of distance education. He came to copyright after years of music, military service, and more. A hallmark of his life was bringing clarity and humor to serious challenges, starting with his family name. He had a simple family name that was routinely mispronounced. As Fritz would tell anyone who would listen, “The name is ‘Doo-Lok,’ as in ‘Do Lock the Door.’” Fritz was a professional colleague to many editors and contributors to JCEL. Three of his copyright colleagues—Dwayne K. Buttler, Kenneth D. Crews, and Donna L. Ferullo—worked with him for many years, and they share memories of Dr. Fritz Dolak and his influence and leadership. The story of Fritz Dolak is a story of kindness, generosity, and inspiration.</p>
ArticlesDwayne K. ButtlerKenneth D. CrewsDonna L. Ferullo
Copyright (c) 2022 Dwayne K. Buttler, Kenneth D. Crews, Donna L. Ferullo
2022-09-132022-09-1310.17161/jcel.v6i1.18268Copyright Buddies: Cultivating Teamwork to Support Our Copyright Journey
https://www.jcel-pub.org/article/view/18267
<p>Our journey to gaining copyright competence started many years ago but from two different points. Susan was teaching an information literacy course and needed to quickly come up to speed to present a unit to her students on copyright and fair use. This led to a book chapter on using fair use cases in the classroom, to taking courses on copyright, attending copyright conferences, and working with New Mexico State University (NMSU) general counsel on an all-campus copyright compliance module. As a newly minted Access Services department head at NMSU Library, Norice traveled down the copyright road from a library services management perspective, developing copyright policies for interlibrary loan, e-reserves, and copy center services. In time, she partnered with the university’s general counsel and others to present copyright sessions across campus. She now regularly teaches copyright to medical students at Burrell College of Osteopathic Medicine (Burrell) and has led the development of that college’s copyright policy and guidelines. Our U.S.-Mexico border region is somewhat of a information resource desert, with few academic libraries and librarians nearby to learn from and lean on. We soon became copyright buddies, developing a tag-team approach to helping each other navigate perplexing copyright questions, bouncing ideas and scenarios off one another to support and help each other grow and gain expertise.</p>
ArticlesSusan E. BeckNorice Lee
Copyright (c) 2022 Susan E. Beck, Norice Lee
2022-09-132022-09-1310.17161/jcel.v6i1.18267Being a Copyright Professional in Museum and Library Land
https://www.jcel-pub.org/article/view/18266
<p>A big lesson I’ve learned in my career as a copyright specialist is that copyright is an inevitable and essential factor for collecting institutions, but is often overlooked. I attended the Pratt Institute in New York for an MLIS with the intention of working as a librarian in a museum or public library, but as I neared graduation I found the job market and my focus wavering. An internship at Exit Art Gallery digitizing their archives showed me the growing importance of digitization for preservation and access. This internship led me to a job at The Whitney Museum in their Rights and Reproductions department: licensing images and contacting rights holders for permission to use their work. I was finding a unique pathway to archives and collections through copyright research, and the desire of cultural institutions to make these collections more accessible was one I believed in. These skills coalesced when I started at The New York Public Library as a Rights Coordinator, and later as a Manager leading a team to facilitate digitization. The library offered vast collections with copyright webs to untangle, and gave me the chance to utilize my degree as a library specialist in copyright.</p>
ArticlesKiowa Hammons
Copyright (c) 2022 Kiowa Hammons
2022-09-132022-09-1310.17161/jcel.v6i1.18266The Order of Success: A Slow Path to Copyright Librarianship
https://www.jcel-pub.org/article/view/18265
<p>No faculty lines were open when I graduated with my MLS at the library where I was employed as a staff member, but I was able to take advantage of organizational restructuring to obtain a management position over interlibrary loan. My department head at the time was assigned with providing copyright assistance. I seized the opportunity to learn more while I searched for a position that required my degree. I was supported while pursuing continuing education in copyright. I was also given increasing responsibilities that I suspected were beyond my rank. My eagerness to develop a professional skill set had worked both for and against me.</p>
ArticlesLeEtta M. Schmidt
Copyright (c) 2022 LeEtta M. Schmidt
2022-09-132022-09-1310.17161/jcel.v6i1.18265Anatomy of a New Copyright Librarian
https://www.jcel-pub.org/article/view/18247
<p>My journey to working with copyright at the Michigan State University (MSU) Libraries began with images for medical education. I was Coordinator for Health Sciences at the Libraries, during which time instructors creating a new online curriculum asked for clear guidance on images they could include. Over a period of years, I negotiated licenses with major medical publishers to allow image use from our subscription resources for this purpose. Through this project, I grew my expertise and knowledge about copyright issues, which gave me confidence to propose taking on the part-time copyright librarian position when the existing copyright librarian retired. I’m now in the position and enjoy collaborating with people across the MSU Libraries and across subject areas to promote understanding of copyright for teaching, learning, and scholarship. </p>
ArticlesSusan K. Kendall
Copyright (c) 2022 Susan K. Kendall
2022-09-132022-09-1310.17161/jcel.v6i1.18247From Law Firm to Library: Finding a Second Career as a Copyright Specialist
https://www.jcel-pub.org/article/view/18229
<p>My first job out of law school was as an associate at a big DC law firm, where I rotated through the firm’s pro bono and education practice groups. After a couple of years in DC, I moved to a smaller firm in my home town of Chapel Hill, North Carolina—I learned a lot at the big firm, but I wanted to experience a community law practice where I could see my clients across the desk and advocate for them in a more personal way. I took on a wide variety of cases, and rather serendipitously, while volunteering for the local arts commission, I came to represent several local artists in small-scale copyright matters. My interest in copyright was piqued, and I started looking for ways to incorporate more of this work into my practice. I happen to have a few family members who are librarians, and I live in a town with a great library school. I made appointments to talk with several law librarians and library copyright specialists, and decided to apply to library school. While I was in library school, I interned at two law libraries and also at Duke’s copyright office, and after graduating I was lucky enough to find a job as a copyright librarian. I’ve found that working as a copyright librarian incorporates many of the things I loved about practicing law—my one-on-one copyright consultations with faculty and other members of the campus community have the personal feel of client meetings at a small law firm, while the issues we deal with have the interest and import of big firm matters. I also get to work closely with my general counsel’s office, so I feel well supported on tricky questions. I keep my law license active so that I can volunteer on other issues I care about, such as voting rights. I hope this story will be helpful to anyone currently practicing law who might be interested in finding a fulfilling second career that allows them to use their legal education and practice experience in a new way.</p>
ArticlesKate Dickson
Copyright (c) 2022 Kate Dickson
2022-09-132022-09-1310.17161/jcel.v6i1.18229Paved by Good Intentions
https://www.jcel-pub.org/article/view/18228
<p class="JCELabstract"><span lang="EN">I was thrilled to be accepted into the University of Michigan for my Masters of Science in Information, but it was an unexpected deviation as my health derailed my original plan to pursue a career in criminal law. As I enrolled in classes with my peers who intended to pursue careers as librarians and archivists, I was the odd person out asking myself how I could market my research in these courses to law schools in the future. I had always assumed I had incompatible passions, a love for history, literature, and research coupled with disinterest in pursuing a single field towards a Ph.D., and that my legal career would support my hobbies in the cultural heritage sector. With a heavy dose of irony I walked into “SI519 Intellectual Property and Information Law,” my first graduate school class, determined to use it to confirm to law schools my decision to pursue criminal law, but walked across the stage at graduation ecstatic to build a career at the intersection of copyright law and cultural heritage. Fantastic mentors, supportive networks, and timely court rulings and legislative changes, paved a path and provided me a stepping stone into a career at the intersection of my passions in a field I had not known existed. I entered the field at an increasingly critical time and had unique access to practitioners that helped create opportunities for engagement without which, I would not have had the opportunity to accept a tenure track librarian position at the age 24 as my first full time job out of library school.</span></p>
ArticlesEmily G. Finch
Copyright (c) 2022 Emily G. Finch
https://creativecommons.org/licenses/by/4.0/
2022-09-132022-09-1310.17161/jcel.v6i1.18228Creative Common: Copyright Zen
https://www.jcel-pub.org/article/view/16305
<p>As a photographer, copyright has always been an issue for me—but solely from a creative standpoint. Until I began working as an academic library director, I never thought of copyright from an educational or use viewpoint. When I accepted my current position, I started an OER initiative at Northeastern Technical College and found myself needing to understand the nuances of copyright. My faculty began to incorporate videos, text, artwork, and varied forms of media in online classes. I had to know if they were following copyright and using educational fair use correctly. Quickly copyright became a large part of my workload. Working with OER repositories, I quickly realized Creative Commons was the most important aspect of copyright for myself and my faculty. During the height of COVID, I did the Creative Commons Certification Course and completed an independent study at the University of South Carolina, with Dick Kawooya, on OER and Copyright expert. After gaining this knowledge, my colleague Mark Knockemus presented this information at conferences and webinars. Copyright has become a significant part of my job. I enjoy educating and working with faculty to ensure we are not breaking the law and ensuring our students have class materials.</p> <p><br /><input id="idg-io-safe-browsing-enabled" type="hidden" /></p>
ArticlesRon Stafford
Copyright (c) 2022 Ron Stafford
2022-09-132022-09-1310.17161/jcel.v6i1.16305You’ve Opened Your Doors: What’s Next?
https://www.jcel-pub.org/article/view/16278
<p>During the heart of the COVID-19 pandemic, when nearly all lending of books and physical materials in the collections of college and research libraries was impossible due to campus closures, many HathiTrust member libraries participated in the Emergency Temporary Access Service (ETAS). This program permitted patrons of eligible libraries to access—in a limited fashion—a digitized HathiTrust book that corresponded to a physical book held in the collection of the member library. Although the ETAS was closed down after libraries reopened their doors, many libraries are exploring similar “controlled digital lending” services that leverage limitations and exceptions to copyright to support digital access options for patrons.</p>
Perspective, Opinion, and CommentaryCarla S. MyersSara BensonTimothy Vollmer
Copyright (c) 2022 Carla S. Myers, Sara Benson, Timothy Vollmer
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2022-05-182022-05-1810.17161/jcel.v5i1.16278Book Review: Helping Library Users with Legal Questions: Practical Advice for Research, Programming, and Outreach
https://www.jcel-pub.org/article/view/16270
<p>Deborah A. Hamilton’s new book sheds light on the access to justice crisis in the American legal system and illustrates valuable strategies for how libraries can help. Hamilton’s passion for assisting the public with research and discovery of legal information makes her well-suited to share practical advice for research, programming, and outreach related to legal information literacy. Hamilton’s message to readers is clear: libraries can play a significant role in making the justice system more accessible and equitable by providing access to laws and legal information.</p>
Book/Resource ReviewsAgnes Gambill West
Copyright (c) 2021 Agnes Gambill West
2021-12-092021-12-0910.17161/jcel.v5i1.16270Copyright in the Time of COVID-19: An Australian Perspective
https://www.jcel-pub.org/article/view/16249
<p>COVID-19 has raised many challenges in terms of applying Australian copyright legislation and related policies to higher education context. This paper describes the experience of Copyright Officers at Curtin University and Murdoch University from the initial stages of border-control measures affecting delivery of learning materials to students in China, to the wider disruption of the pandemic with many countries implementing lockdown measures, to the current environment where remote delivery is the “new normal.” The <a href="https://www.legislation.gov.au/Details/C2017C00180">Australian Copyright Act 1968</a> (Commonwealth of Australia) provides narrow fair dealing exceptions (sections 40 and 41) and broader but more uncertain flexible dealing exceptions (section 200AB), creating a barrier for educators providing access to the information resources needed for teaching, learning, and research. The uncertainty of applying section 200AB was exacerbated by the conditions caused by the pandemic. The authors describe their experiences in providing copyright support during the pandemic as well as how the copyright services adapted to meet requirements.</p>
Special Issues - Copyright In the Time of COVID-19Amanda BellengerHelen Balfour
Copyright (c) 2021 Amanda Bellenger, Helen Balfour
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2021-11-302021-11-3010.17161/jcel.v5i1.16249Book Review: Copyright for Schools: A Practical Guide, 6th Edition
https://www.jcel-pub.org/article/view/15834
<p>New for 2021 is the sixth edition of <em>Copyright for Schools: A Practical Guide</em>, by Carol Simpson and Sara E. Wolf. Ms. Simpson is an attorney and former professor of library and information science, with additional experience as a school librarian, teacher, and district library administrator. Ms. Wolf is a professor in Auburn University’s College of Education, with research interests in library media and technology and experience in institutional copyright policy development. The book is designed to address the copyright issues and questions that tend to arise for K-12 teachers, school librarians, and school administrators, though librarians in other contexts such as public libraries and higher education would likely find its contents useful too. The sixth edition updates previous editions by adding content on the copyright implications of streaming video services and cloud computing, issues related to disability, responding to cease-and-desist letters, openly licensed resources and Creative Commons licenses, and the implications of the Music Modernization Act. The latest edition of the book also contains a concordance (a table of legal citations and the principles for which they stand), and more robust legal citations than previous editions.</p>
Book/Resource ReviewsKatherine Dickson
Copyright (c) 2021 Katherine Dickson
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2021-09-082021-09-0810.17161/jcel.v5i1.15834Book Review: Library Licensing: A Manual for Busy Librarians
https://www.jcel-pub.org/article/view/15813
<p>Library Licensing: A Manual for Busy Librarians strives to help library staff comprehend library licenses for content and materials. It targets university librarians, but librarians who deal with licenses and agreements in other types of libraries will benefit from the information shared in this work. The book, written by two people (including one with a law degree) with experience at academic institutions, is a quick and straightforward read for librarians who may be new to reviewing contracts and provides thoughtful tips to more seasoned library professionals.</p>
Book/Resource ReviewsSandra Aya Enimil
Copyright (c) 2021 Sandra Aya Enimil
https://creativecommons.org/licenses/by-nc/4.0/
2021-09-012021-09-0110.17161/jcel.v5i1.15813Canada’s Copyright Act Review: Implications for Fair Dealing and Higher Education
https://www.jcel-pub.org/article/view/15513
<p>Beginning in late 2017, the Standing Committee on Industry, Science and Technology (INDU Committee) undertook a statutory review of Canada’s Copyright Act. This article examines the recommendations made by higher education and academic library stakeholders in order to determine their copyright priorities. More specifically, the analysis highlights recommendations relating to fair dealing and addresses the tension between higher education and the Canadian publishing community. The article also explores the three fair dealing recommendations made in the INDU Committee’s final report, raises questions about the INDU Committee’s support for use of fair dealing in higher education, and proposes increased advocacy by the higher education community, including a cohesive strategy that engages directly with the public interest aspect of education’s role and the representation of its user groups. Ultimately, educational institutions are as much a part of the Canadian cultural landscape as any other copyright stakeholder. Improved advocacy is vital as Canada heads towards the next statutory review, expected to be launched in 2022.</p>
ArticlesJennifer ZerkeeStephanie SavageJentry Campbell
Copyright (c) 2021 Jennifer Zerkee, Stephanie Savage, Jentry Campbell
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2022-05-242022-05-2410.17161/jcel.v5i1.15513Opinion: CASE Act will Harm Researchers and Freedom of Inquiry
https://www.jcel-pub.org/article/view/15260
<p>The Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act) was swept into law during the final days of 2020 as a part of the 5,500 page federal spending bill. In theory, the CASE Act aims to provide a venue for individual creators (such as photographers, graphic artists, musicians) to address smaller copyright infringement claims without spending the time and money required to pursue a copyright infringement lawsuit in Federal court. In reality, however, this additional bureaucratic structure created outside of the traditional court system is fraught with problems that will mostly incentivize large, well-resourced rightsholders or overly litigious copyright owners to take advantage of the system. At the same time, it will confuse and harm innocuous users of content, who may not understand the complexities of copyright law, and who do not know whether or how to respond to a notice of infringement via this small claims process. From our perspective, it will chill users who rely on crucial statutory exceptions to copyright, such as fair use, in their research and teaching activities.</p>
Perspective, Opinion, and CommentarySara BensonTimothy Vollmer
Copyright (c) 2021 Sara Benson, Timothy Vollmer
2021-03-182021-03-1810.17161/jcel.v5i1.15260Rapid Response: Developing a Suite of Copyright Support Services and Resources at the University of Central Florida during the COVID-19 Pandemic
https://www.jcel-pub.org/article/view/15133
<p>Like many academic libraries, the University of Central Florida (UCF) Libraries has faced the difficult challenge of ensuring access to information and supporting the research, scholarship, and teaching needs of faculty, staff, and students during the COVID-19 pandemic crisis. Copyright and licensing matters have played a key role as the UCF Libraries has helped faculty and students navigate the rapid transition from face-to-face courses to online and conducting academic work in a wholly online environment. This article provides a case study of how the UCF Libraries developed an expanded suite of copyright support services and resources in response to the COVID-19 pandemic. It will explore how each of these services or resources provided specific support to faculty and students in teaching and learning. Services and resources developed in consultation with the Office of General Counsel include a detailed research guide with information about remote access to resources, including temporary access to licensed content from publishers; a series of professional development online workshops on topics such as copyright, fair use, and emergency circumstances and library support for course materials; and additional opportunities for individual consultation support through virtual office hours and other modes of communication, such as chat, email, and phone. The aim of this article is to provide academic libraries with examples of copyright services from a large metropolitan library during COVID-19 so that they can be used as a model when implementing copyright support at their respective institutions during these exigent circumstances and beyond.</p>
Special Issues - Copyright In the Time of COVID-19Sarah NorrisSara DuffRich Gause
Copyright (c) 2021 Sarah Norris, Sara Duff, Rich Gause
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2021-09-022021-09-0210.17161/jcel.v5i1.15133Formulating a Scalable Approach to Patron-Requested Digitization in Archives
https://www.jcel-pub.org/article/view/14652
<p>The novel coronavirus of 2019 (COVID-19) crisis has forced archives to rethink their modes of providing access to physical collections. Whereas difficult copyright questions raised by reproducing items could previously be skirted by requiring researchers to work with materials in person, the long-term closure of reading rooms and decrease in long-distance travel mean that archives need a workflow for handling user digitization requests that is scalable and requires consulting only easily identifiable information and, assuming full reproduction is off the table, reproducing items in a collection under 17 U.S.C. § 108 or through a strategy of rapid risk assessment. There is a challenge in creating a policy that will work across different formats and genres of archival materials, so this article offers some suggestions for how to think about these parameters according to US copyright law and calls for a committee of experts to work out a model policy that could serve remote users of archival collections even after the COVID-19 crisis has passed.</p>
ArticlesKevin S. HawkinsJulie Judkins
Copyright (c) 2021 Kevin Hawkins, Julie Judkins
2021-06-012021-06-0110.17161/jcel.v5i1.14652In Keeping with Academic Tradition: Copyright ownership in higher education and potential implications for Open Education
https://www.jcel-pub.org/article/view/14946
<p>Most postsecondary institutions in the United States have a copyright and/or intellectual property (IP) ownership policy, outlining under various circumstances the ownership of copyright and IP generated by faculty, staff, and students (Patel, 1996). As awareness of open educational resources (OER) increases and both faculty and student creation of openly licensed materials builds momentum, a closer examination of copyright ownership policies and what legal and ethical implications they may have for open education is crucial. This study analyzed 109 copyright ownership policies at both public and independent two-year and four-year postsecondary institutions of higher education in the U.S. and surveyed facilitators of open education initiatives (generally librarians and related educators) at these same institutions (N = 51) to gather the perceptions and preferences of their copyright policies with respect to locally-developed OER.</p> <p>The content analysis revealed that while the ownership of scholarly works overwhelmingly belongs to the person who created the work, variables such as unusual support and potential uses affect copyright ownership. These factors can be problematic for faculty who receive support through campus programs to create and share openly licensed instructional materials beyond their institution and are also problematic for students participating in OER-enabled pedagogy coursework and projects. While our survey showed that many in the open community indicate that they have great confidence in their understanding of these policies, that certainty is often pinned to a sense of shared values and unspoken assumptions, rather than clear legal rules or reliable policy.</p>
Special Issues - Copyright In the Time of COVID-19Lindsey GumbWilliam Cross
Copyright (c) 2021 Lindsey Gumb, William Cross
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2022-04-252022-04-2510.17161/jcel.v5i1.14946Introducing the Copyright Anxiety Scale
https://www.jcel-pub.org/article/view/15212
<p>Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with copyright chill.</p>
ArticlesAmanda WakarukCéline Gareau-BrennanMatthew Pietrosanu
Copyright (c) 2021 Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu
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2021-09-212021-09-2110.17161/jcel.v5i1.15212Canadian Collaborations: Library Communications and Advocacy in the time of COVID-19
https://www.jcel-pub.org/article/view/14920
<p>The COVID-19 pandemic forced libraries to unexpectedly and suddenly close their physical locations, necessitating a remote working environment and a greater reliance on digital and virtual services. While libraries were in a better position than most sectors due to decades of experience in licensing and acquiring digital content and offering virtual services such as chat reference, there still were some services and resources that traditionally had only been offered in a face-to-face environment, or were available in print only. There were questions in the Canadian library community about how, and if these programs could be delivered online and comply with Canadian copyright law. This article will describe the access and copyright challenges that Canadian libraries faced during the first nine months of the pandemic and will outline the collaborative efforts of the Canadian library copyright community to respond to these challenges.</p>
Special Issues - Copyright In the Time of COVID-19Christina WinterMark SwartzVictoria OwenAnn Ludbrook Brianne SelmanRobert Tiessen
Copyright (c) 2021 Christina Winter, Mark Swartz, Victoria Owen, Ann Ludbrook , Brianne Selman, Robert Tiessen
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2021-08-272021-08-2710.17161/jcel.v5i1.14920Book Review: Drafting Copyright Exceptions: From the Law in Books to the Law in Action
https://www.jcel-pub.org/article/view/15210
<p><em>Drafting Copyright Exceptions: From the Law in Books to the Law in Action</em> by Emily Hudson is essential reading for anyone responsible for managing copyright in libraries and educational and research institutions. Hudson’s monograph presents insights from thousands of hours of empirical research with hundreds of copyright practitioners in the cultural heritage sector. It reveals important findings about the way that copyright exceptions are interpreted in practice and the implications this has for the formation of norms and the drafting of copyright exceptions.</p>
Book/Resource ReviewsChris Morrison
Copyright (c) 2021 Chris Morrison
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2021-03-192021-03-1910.17161/jcel.v5i1.15210Controlled Digital Lending of Video Resources: Ensuring the Provision of Streaming Access to Videos for Pedagogical Purposes in Academic Libraries
https://www.jcel-pub.org/article/view/14807
<p>This article examines a current crisis within media librarianship regarding the challenges for academic libraries in providing streaming access to video resources despite the growing need for users to have streaming access. The article discusses this crisis largely within the context of COVID-19 (Coronavirus Disease of 2019) and how the pandemic has exacerbated the problem. This article also posits a possible solution to the issue through the application of controlled digital lending (CDL) to video resources for a pedagogical purpose. The article demonstrates the extent of the crisis, examines how other media librarians have addressed the problem, and shows the limitations to the solutions that have so far been offered. It then broadly discusses the concept of CDL and how this practice could be applied to video resources to address the frequent inability of libraries to provide streaming access to videos.</p>
Special Issues - Copyright In the Time of COVID-19Christian Lear
Copyright (c) 2021 Christian Lear
https://creativecommons.org/licenses/by/4.0/
2022-01-042022-01-0410.17161/jcel.v5i1.148072018: A Streaming Video Odyssey
https://www.jcel-pub.org/article/view/13391
<p><span style="font-size: 11.0pt; font-family: 'Calibri',sans-serif;">In this case study, we reflect on our journey through a major revision of our streaming video reserve guidelines, informed by an environmental scan of comparable library services and current copyright best practices. Once the guidelines were revised, we developed an implementation plan for communicating changes and developing training materials to both instructors and internal library staff. We share our navigation strategies, obstacles faced, lessons learned, and ongoing challenges. Finally, we map out some of our future directions for improving and streamlining our services.</span></p> <p><span style="font-weight: 400;"> </span></p>
ArticlesAnali PerryKaren Grondin
Copyright (c) 2020 Anali Maughan Perry, Karen A. Grondin
2020-09-012020-09-0110.17161/jcel.v4i1.13391Student Selection of Content Licenses in OER-enabled Pedagogy
https://www.jcel-pub.org/article/view/13881
<p>Students acting as content creators is an emergent trend in the field of open educational practice. As more faculty turn towards the use of open pedagogy or OER-enabled Pedagogy, they must be prepared to address concerns related to intellectual property rights of student work. This article addresses student concerns related to intellectual property rights, specifically related to Creative Commons licensing as well as faculty awareness of use of Creative Commons licensing. Research was conducted at a small, liberal arts college in the Appalachian Region of the United States. All first-year students engaged in an OER-enabled Pedagogy project where they collaboratively created a reader for the First Year Studies seminar course. Following class, students and faculty were interviewed regarding how dynamics of intellectual property and Creative Commons licensing impacted the educational process. Results indicate students are open to sharing their works with credit, and value helping others. Faculty tend to be unfamiliar with Creative Commons licensing and must balance the desire to help students understand licensing and prescribing their own preferences when asked about licensing selection. </p>
ArticlesKatherine WilliamsEric Werth
Copyright (c) 2021 Katherine Williams, Eric Werth
2021-06-102021-06-1010.17161/jcel.v5i1.13881Open Access Legislation and Regulation in the United States: Implications for Higher Education
https://www.jcel-pub.org/article/view/13637
<p>Accessing quality research when not part of an academic institution can be challenging. Dating back to the 1980s, open access (OA) was a response to journal publishers who restricted access to publications by requiring a subscription and limited access to knowledge. Although the OA movement seeks to remove costly barriers to accessing research, especially when funded by state and federal governments, it remains the subject of continuous debates. After providing a brief overview of OA, this article summarizes OA statutory and regulatory developments at the federal and state levels regarding free and open access to research. It compares similarities and differences among enacted and proposed legislation and describes the advantages and disadvantages of these laws. It analyzes the effects of these laws in higher education, especially on university faculty regarding tenure and promotion decisions as well as intellectual property rights to provide recommendations and best practices regarding the future of legislation and regulation in the United States.</p>
ArticlesAnjam ChaudharyKathy IrwinDavid Hoa Khoa Nguyen
Copyright (c) 2020 Anjam Chaudhary, Kathy Irwin, David Hoa Khoa Nguyen
2020-11-302020-11-3010.17161/jcel.v4i1.13637Digital Cultural Heritage and Wikimedia Commons Licenses:
https://www.jcel-pub.org/article/view/9771
<p>Cultural heritage institutions can contribute to public knowledge and increase awareness of their collections by uploading digital objects to Wikimedia Commons for use on Wikipedia and other Wikimedia Foundation projects. However, prior research has established the difficulty of and/or hesitation by many cultural heritage institutions in clearly and accurately labeling the copyright status of their born-digital and digitized collections. With this knowledge, how likely is it that digital cultural heritage will be findable and usable on Wikimedia Commons? This study seeks to determine how accurate rights statements for cultural heritage objects on Wikimedia Commons are, and whether inaccuracies can be linked to problematic rights statements in cultural heritage digital libraries or whether the inaccuracies stem from Wikimedia Commons. By evaluating the rights statements, licenses, and sources for 308 Wikimedia Commons objects from 57 cultural heritage organizations and comparing that information to corresponding licenses from digital libraries, we can begin to develop best practices and educational needs for digital librarians, archives, museum curators, and Wikipedians alike to improve the user experience for those using digital cultural heritage on Wikimedia projects.</p> <p><span style="font-weight: 400;"> </span></p>
ArticlesElizabeth Joan Kelly
Copyright (c) 2019 Elizabeth Joan Kelly
2019-10-132019-10-1312510.17161/jcel.v3i3.9771