Librarian Copyright Literacy: Self-Reported Copyright Knowledge Among Information Professionals in the United States

Librarians often act as default copyright experts at their institutions and thus must have an awareness of copyright law and practices. Nevertheless, there is little in the scholarly literature about how well informed librarians are about copyright law. Through a national survey of professional librarians, this study illustrates librarians’ self-perceived familiarity with copyright concepts, interests in training, and sources of support for copyright questions. The results will be of interest to library directors and library and information science (LIS) faculty and could inform curricular decisions in LIS schools and may also be applied to local professional development initiatives for librarians.     

Understanding Copyright Law for Slavic,East European,and Eurasian Materials

ABSTRACT

In the last decade the issue of copyright has become more complex for Slavic and East European librarians for a number of reasons. Technological advances have led to new forms of publication and new options for document distribution, and have also had a major impact on intellectual property law in the U.S. and abroad. As the technical means for copying and distributing materials in various formats have increased, and as electronic resources comprise a steadily increasing proportion of the material used in libraries, copyright law has become more integral to the work of librarians. In the background of technological progress, the newly independent states which emerged after the dissolution of Communism have all adopted new copyright laws within the context of global developments in intellectual property legislation. This paper provides a context for copyright as it relates to the work of Slavic and East European librarians in the U.S., by offering a framework for understanding the main issues surrounding copyright and a method for approaching questions related to copyright protection of library materials. The emphasis of this article is on use by U.S. libraries of textual material created or published in Slavic and East European countries.     

Exploring copyright knowledge in relation to experience and education level among academic librarians in Kenya

Since the year 2001, Kenya’s copyright regime has extensively been shaped by Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement; World Intellectual Property Organization Copyright Treaty; Africa Growth Opportunity Act (AGOA); and The Cotonou Agreement, which have advocated for effective copyright administration and management structures in addition to stiffer penalties for those who violate copyright laws. Despite better administrative structures being put in place, copyright infringement in Kenya has persisted. Being able to balance the needs of rights owners and information consumers becomes a critical role librarians have to play. Knowledge about copyright, thus, becomes critical. Despite the fact that librarians in Kenya are not a homogenous group, how knowledgeable the different librarian cadres are concerning copyright issues is least understood. The raison d’être for this study is to find out whether different cadres of librarians based on academic qualifications differ in the level of knowledge on copyright issues. A questionnaire was used to collect data. Results indicate no statistically significant difference in self-reported knowledge of copyright among the five librarian cadres based on their education level and neither is there a statistically significant difference based on librarians’ years of service. Statistically significant differences among the five librarian cadres exist when we compare “tested knowledge” of copyright issues. Evidence of insufficient mastery of provisions in the Kenyan copyright law does exist.     

Rights instruction for undergraduate students: Needs,trends, and resources

As librarians are increasingly identified as rights experts on campus, it is essential that they understand rights issues and how best to communicate them to a multitude of users. While scholarly literature contains many examples of librarians working with faculty on copyright issues regarding course materials, reserves, e-reserves, and intellectual property, there is far less documentation of the need for students, especially undergraduates, to understand their rights as creators and consumers of information. This article reviews relevant literature on librarian copyright skills, the need for copyright instruction, and current case studies and examples of copyright instruction for undergraduates.     

Copyright and Intellectual Property: What You Need to Know

In this session of the NASIG and Society of Scholarly Publishing joint program, a panel of lawyers conversed on topics related to the creation of copyright policy that impact both librarians and publishers. The topics chosen were selected to highlight areas of possible controversy between librarians and publishers. Dialogue centered on the concepts of international first sale, fair use, licensing and mass digitization, library exceptions, possible revisions to sections of the U.S. Copyright Act, and the relationships between accessibility issues and copyright. Through conversational style discussions the panelists conveyed to the audience that achieving balance in copyright law is challenging and the process often creates constructive tension among the rights of stakeholders.     

Changing copyright legislation: Two views

Recent revisions of copyright law are the source of a debate about the issue of Fair Use in scholarly communication and the influence of commercial interest in determining how copyright is interpreted. The unusual format of this paper reflects a discussion over electronic mail between a library administrator and the director of a university press. The authors trade perspectives on the future of scholarly communication and attempt to construct a vision of a nonmarket-based system. They raise the issues of unrestricted photocopying, electronic distribution, and copyright protection in an era of ever-diminishing serials budgets. Differing views on the Fair Use provision are explored. The authors come to an agreement about the importance of preserving and distributing the results of academic research and discuss the roles of librarians, scholars, and other nonprofit entities in nurturing the process of scholarly communication in an arena separate from the mass market.     

Publisher—library relationships in the digital environment

STM represents 250 publishing companies and learned societies, and recognizes that the advent of digital networks affects authors, publishers, librarians, and readers. Dialogue between publishers and librarians is essential to creating the sense of partnership and open-mindedness needed to meet the future needs of scholarship and research. Publishers and librarians have complementary roles and responsibilities, serving the same needs and facing similar challenges. The interests of publishers and librarians need to be rebalanced in order to seize the benefits of digital information flow. Legislation provides a framework of copyright, privacy, competition, and consumer law that protects against misuse while facilitating the flow of information from author to reader. If laws need to be amended, such changes should be made on the basis of the mutual agreement of all members of the community. There is much to be achieved without legislative change. Neither publishers nor librarians should shy away from the issues that divide them, especially the scope of fair use and the exchange of copyright information between libraries. A more detailed analysis of the impact of copyright exemptions is needed. The development of a predictable licensing environment and the testing of new business models requires co-operation between publishers and librarians, and leads to better mutual understanding. STM seeks dialogue with libraries and with other members of the research and scholarly communities in order to meet the challenges, opportunities, and expectations created by the digital environment.     

信息网络传播权在图书馆的穷竭

从现有的著作权法律体系看,权利穷竭仅适用于发行权,而不适用于信息网络传播权,但是公益性图书馆的数字馆藏在提供面向互联网的读者服务时,如不适用权利穷竭原则,将给图书馆传播信息和知识带来极大的障碍,因此,有必要考虑给予图书馆以例外的规定,图书馆工作者应努力推动这一例外纳入著作权法律规范中。正在征求意见的《信息网络传播权保护条例(草案)》对此作了相关的规范,为图书馆合理、合法地使用数字资源带来了契机。     

合理使用与许可使用的异同及适用

版权法自产生之初,就在对版权是保护还是限制这个问题上陷入两难境地。一方面要鼓励和保护优秀作品的创作与传播;另一方面必须出于对社会公共利益的兼顾而对版权人权利加以限制。总的来看,这种限制主要包括合理使用和许可使用两个方面。     

Copyright law and information policy planning: Public rights of use in the 1990s and beyond

Copyright law is one of the many policy forces shaping the utilization of information resources. American copyright law has undergone many changes with profound consequences, particularly for educational and scholarly uses of existing copyrighted works. This article summarizes recent developments in the law, with a focus on their consequences for users at American colleges, universities, and libraries. The purpose of this study is to highlight the principal implications of an evolving copyright law and especially to assist librarians, administrators, and other policy makers. They must address these issues and devise standards of practice that avoid legal challenges but that also optimize the use of available resources. The article concludes with guidance for future concerns and planning.     

Collision or Coexistence? Copyright Law in the Digital Environment

SUMMARY

Digital technology and global economic trends present fundamental challenges to copyright law in the twenty-first century. On a practical level, librarians need to understand the particulars of current laws in order to make responsible decisions and to utilize to the fullest extent the possibilities that copyright law affords them in their missions. This article will identify the major copyright issues associated with library digital activities, and will discuss copyright protection in the digital environment of material originating in the Slavic, East European, and Eurasian nations. It covers use of Slavic and East European material in the U.S. in various contexts, including Internet activity, preservation and replacement, interlibrary loan, electronic reserves, classroom and educational use, text encoding, digitization of print and microform materials, and creation of digital content and databases.     

A Primer on Copyright Law and the DMCA

Abstract

Presents the basics of modern copyright law and ways in which the 1998 Digital Millennium Copyright Act (DMCA) changed the law. Focuses on the DMCA's prohibition of circumvention and file sharing and how this has impacted libraries. Discusses efforts to re-establish a copyright balance between creators, publishers and consumers, especially through proposed legislation and the open access movement. The impact of the DMCA on libraries is weighed, and calls for librarians to be more vigilant in opposing efforts to legalize digital rights management software.     

Taking Chances: A New Librarian and Curriculum Redesign

As technology becomes ubiquitous in designing and delivering medical school curricula, health sciences librarians can embrace emerging opportunities for participation in curriculum design. A new medical librarian at Michigan State University Libraries engaged her user base outside of established duties, learned new skills, and challenged preconceived notions about librarians’ roles. In the process, she became a partner in copyright education, amended license agreements for enhanced curricular multimedia use, and facilitated curriculum mapping through taxonomy building. These projects helped create the informational foundation for a novel hybrid medical education curriculum and introduced new curricular roles for the librarian.     

Debunking Common Misconceptions and Myths

Few words strike fear into the hearts of college faculty and administrators like copyright infringement. Misunderstandings and misinformation about copyright run rampant on college campuses today, and these can lead to restricting classroom teaching or even liability for copyright infringement. In this column, I begin with a short overview of copyright and fair use followed by a discussion of some of the more common copyright myths I have encountered over the past few years. The purpose of this column is to explore some of the common copyright myths and misconceptions regularly seen on college campuses. Conversations with librarians and faculty around the country indicate that these seem to be fairly universal misconceptions. All of the examples presented are actual, real-life scenarios that I have seen over the past few years.     

我国著作权法为图书馆赋权的制度模式选择

[目的/意义] 探讨我国著作权法第三次修订为图书馆发挥职能的需要而对其赋权的立法模式选择。[方法/过程] 首先,对现有研究进行简述,揭示其不足。其次,通过为图书馆特别赋权制度产生与发展的回顾,归纳得出著作权立法的逻辑是：维护公共利益是宗旨,保护私人利益是手段。再次,以美国著作权法案、澳大利亚著作权法和我国香港地区著作权法为例,分析将针对图书馆的特别赋权和原则性赋权予以分设的立法模式及其优点;以法国知识产权法、德国著作权法、我国台湾地区著作权法为例,分析将针对图书馆的特别赋权和原则性赋权予以整合的立法模式及其缺点。最后,分析数字网络环境下图书馆发挥职能的制度需求,国际上最新的图书馆可适用著作权限制制度的立法动态,以及几种著作权限制制度间的逻辑关系和国家的现实需求。[结果/结论] 我国著作权法第三次修订应该对图书馆可适用的著作权限制制度采取特别赋权与原则性赋权分设的立法模式,并提出著作权法图书馆相关条款的具体修改建议。     

试论手机媒体内容的信息网络传播权

当前,手机已成为继报刊、广播、电视、互联网之后被公众所广泛认知的"第五媒体",即手机媒体。手机媒体内容作为无可置疑的著作权法涵盖客体是手机媒体传播的主要对象,其信息网络传播权因手机媒体传播方式的多样性而受到巨大威胁。手机媒体内容信息网络传播权研究是著作权法学理论应用于手机媒体领域中的一项重要课题。文章以手机媒体内容的作品性为研究基点,探讨其信息网络传播权的内涵与特征,进而界定了常见的侵权行为。     

数字信息资源保存的版权问题分析

本文在分析数字信息资源保存版权特点的基础上,阐述了数字信息资源保存的法律瓶颈与版权授权模式的变革,分析了数字信息资源保存的版权问题,并提出了解决数字信息资源保存版权问题的策略。     

Copyright Awareness,Partnerships, and Training Issues in Academic Libraries

This article reports on the results of a national survey of academic librarians and library staff (N = 226) in the United States about their awareness of various copyright policies, partnerships with campus groups to address copyright issues, and training needs. A majority of the survey respondents reported that they have answered copyright-related questions in the workplace, yet only 49% (n = 98) of the respondents perceived they were prepared to provide copyright information to library users. Awareness of various copyright policies among librarians and staff members varied, including a reported minimal awareness of the T.E.A.C.H. Act. In addition, survey respondents expressed the desire for more copyright-related training. In light of these findings, the present study extends the existing literature and offers recommendations to help better prepare a “copyright confident” or “copyright responsive” academic library workforce.     

网络环境下图书馆信息服务的著作权问题

本文论述了网络环境下图书馆开展信息服务涉及的复制侵权等七个方面的著作权问题，指出图书馆界一方面要自觉遵守著作权法，另一方面要积极参与著作权法的立法讨论，促进合理使用和版权平衡。