Friday, November 05, 2010

Brick and Click 2010: Session VI

Copyright 0 to 60 in One Year by Kati Donaghy.

Microcollege, small staff. Before writing copyright policy, description. In 2007, only paper reserves, no electronic reserves, no campus copyright policy, everything accepted for reserve. Reviewed policies of peer and aspirant groups, similar in size, demographic, budgeting. Groups had already been designated. Trilled admin and library sites looking for policies. Distributed to other staff in library for comments, met every two weeks, very collaborative effort. Also consulted college legal for the policy. Crew's copyright for librarians, Carrie Russel's Complete Copyright, see lipinski, Librarys Legal Answer Book. Made presentations to faculty an distaff, invited to fauculty retreat captive audience, conducted workshops. There had been no documentation or paper trail. Many staff and faculty didn't understand why extra step was needed, and workshops helped. Massive amount of feedback during first year of copyright policy and ereserves. See

Copyright exemptions. First sale, fair use photocopying for libraries and archives, teaching exemptions (public performance and display). Moved reserves into library encase of photocopy rule. They have fair use checklist and reserve request form that must be submitted. All reserves are reserves. Fair use checklist is adapted from everyday guide to copyright. Ask for repeat submission because they classify fair use as first time only.

Only staff and faculty can submit items for reserve. No more handing to student to hand to circ desk, no teaching assistants. Must be accompanied by dated syllabus or reading list so they can keep an eye on the amount of the item being used in course because has an effect on fair market value. Must submit full bibliographic info, title page verso (copyright page), bc need that information to determine fair
use and fair crediting. They ask for folks to feel free to ask for assistance and clarification during submission.

Four factors of fair use. Purpose, nature, amount, effect. Purpose and character - does it add new info to original work? Fair use more likely to. Apply if noncreative or factual. Amount, portion short or less significant. Even a short piece can be an infringement if the extracted portion is the heart of the work, like printer smashing scene from Office Space. Open to interpretation. Effect o
N potential market value of piece. Ereserves policy has evolved into a course pack policy.

More ambiguous terms: transformative or productive use;, bad faith behavior; importance to favored educational objectives; portion not central to work; portion is central to work. How crucial does i thane to be to. Goals of syllabus? They talk to professor about it. No significant effect on the market or potential market: rule of thumb of one chapter or ten percent of the work. Note that is not a law but an interpretation and they may not have the 'right' to reproduce that amount. Lack of licensing mechAnism: public domain, no known licensing, author dead, estate fallen, publisher out of business. For good faith, keep running narrative of all contacted. Numerous copies made: one prof with fifteen students has six copies of required text on reserve. Pllicy is one copy per twelve students (by class size and student to faculty ratio); long term use (sequential semesters or years).

Need to be consistent, and reasonable people can disagree. Always a dialogue. Push envelope but act in the spirit of the law: risk
assessment. Copyright and intellectual property certification (ask her about how to get this).

Iltems on reserve: owned by libraries, personally created items, legally obtained, personal items.

Not allowed are ILLs, items narrowed from other libraries, rented videos and DVDs, rare or fragile items, copies in excess of one copy per twelve students, copies used to replace or substitute for anthologies, copying of consumables like workbooks and study guides, repeated copying of same item for same teacher from term to term without copyright permission, copying to substitute the purchase of books.

Timelines. Reserves must be in at least two weeks before beginning of term. Seventy two hours turnaround, twenty-four hour turnaround after first three weeks of semester. Cant promise to honor rush requests.

Ereserves are chapters, excerpts, articles, websites and podcasts. Default is. Now electronic, not paper any longer. Allows access from anywhere. Great bc so small has limited library hours. Fair use still applies. All ereserves are password protected. Library a.ways creates PDF, adds copyright statement from us code seventeen, can place original copy on paper reserve, but confidence in ereserves means this has declined. Accessing ereserves mDe easy with handouts, instructions on site, etc. Files saved to campus server, files removed at end of every semester because storing is bad faith. Used through reserve function in Voyager, no CMS software but moodle is forthcoming. Students can access assignments through opac. Disadvantage is not limited to just class, but wide community, so is not limited to class specific. But limiting access to extent technologically feasible.

Licensing and copyright still working right. For them, fair use is only first term, not subsequent term. Copyright clearance obtained through access services coordinator. Melick lib pays up to twenty dollars per course for licensing cost but has turned out to be more expensive. Copyright clearance for course packs soon to be be incorporated into cost of pack at bookstore. Thinking about implementing lab fee for students to cover those licensing fees.

Eureka college, medick library.

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