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Copyright communication in Canadian academic libraries Tony Horava University of Ottawa 2009 OLA SuperConference Jan. 31, 2009.

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Presentation on theme: "Copyright communication in Canadian academic libraries Tony Horava University of Ottawa 2009 OLA SuperConference Jan. 31, 2009."— Presentation transcript:

1 Copyright communication in Canadian academic libraries Tony Horava University of Ottawa 2009 OLA SuperConference Jan. 31, 2009

2 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Outline Introduction Survey questions and results Copyright communication on the web Survey continued Recommendations Areas for further study

3 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Introduction Took professional leave in 2008 (June-Sept): focus was on copyright. My purpose was to gain a better understanding of copyright and explore how academic libraries are handling the many challenges involved Copyright survey designed to investigate two questions: – Who has responsibility for copyright in the institution and library? – How do Canadian academic libraries communicate and teach copyright issues to their user community? The survey posed a series a questions on the university and library context, and specific methods/practices as well as open-ended questions.

4 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Introduction (contd) Several sections: 1) The university context; 2) The library policy context; 3) Methods of communication re copyright ; 4) The library copyright webpage; and 5) Copyright challenges Survey Monkey online tool was employed: it has strengths and weaknesses Survey Monkey Was sent to all university librarians in early June By the end of the summer, 63 out of 75 institutions had participated (84%). Participation ranged from a high of 100% in Ontario to a low of 70.5 % in the Maritimes.

5 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Back to the future… "The inter-relation between copyright and the communications revolution is fully as important to our age as the inter-relation between copyright and the revolution brought on by the printing press was to an earlier one. Somehow people must be made to realize that the copyright statute of a country not only shapes its cultural and intellectual development, but actually penetrates into the lives and thinking of every citizen (Supplementary Report of the Register of Copyrights on the General Revision of the US Copyright Law, 89th Congress, 1st session, May 1965) - Copyright and the Public Interest, Ed. Gillian Davies, p.125

6 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 And where we are today… Copying information and passing it on to others has never been easier….Yet the very ubiquity of copying technologies, the lack of clarity in the law as it applies to the digital environment, and an increased determination by creators to seek redress for infringement of their rights all make it essential that citizens be better informed about copyright – Jean Dryden Demystifying Copyright, p. 1

7 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Self-identification - What is your position title? Position title of respondentNumber of respondents Chief Librarian/University Librarian/Library Director/Director General 38 Associate University Librarian/Assistant Director/Assistant Dean 6 Copyright Officer4 Administrative officer (Library admin)2 Information Services Manager/Head of Reference 3 Special Projects Librarian2 E-Resources Librarian, E-Reserves Librarian, Collection Development Librarian, Reference Librarian, Systems Librarian, Law Librarian, Academic Librarian 1 each

8 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright communication in Canadian academic libraries, OLA SuperConference The University context – Question : Which department or service in the university has been delegated responsibility for copyright issues? NameFrequency of response Library26 General Secretariat7 Bookstore2 Copyright office2 Industry Liaison Office2 Archives, Business Development Office, Computing Service, Corporate Administration, Dean of Undergraduate Studies, Distance Education, Education Development Center, Learning Services, Office of General Counsel, Office of Teaching Advancement, Reprography, Research Service, Teaching & Learning Support Service, University Secretariat, VP Administration 1 each

9 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The University context- Question: Is there a separate department or service in the institution that has responsibility for managing copyright from the rights holders' perspective, eg Open access publishing; intellectual property rights ; plagiarism; patents or trademarks; technology transfer? ResponseNumber% Yes2946% No3454%

10 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 For schools that answered in the affirmative, here is the breakdown of the responses Name of department or serviceNumber of responses Office of Research / VP Research / Dean of Research/ Research Service 12 Library4 Industry Liaison Office3 Office of Technology Transfer/Innovation, Innovation and Development Corporation 3 Dean of Undergraduate Studies, Distance education, Educational Media Development, General Secretariat, Office of Academic Integrity, Marketing Office, University Press, VP Administration 1 each

11 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library policy context- Question: Does the library's provision of copyright information influence or guide university policy?

12 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Differences between English and French universities Yes%No%Not sure% French216.7%758.3%325% English2345%917.6%1937.2%

13 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Sample comments from schools responding in the affirmative…. The Library informs and educates the institution on the functionality of Canadian Copyright law and our Access Copyright agreement (via AUCC) The university accepts that interpretation of areas of copyright that are unclear will be decided by the Library The library steps in to influence when we feel it is important. The Library was directly involved in the creation of University IP policies. Input on a Copyright Committee that has stakeholders from across campus; input on other committees that may comment on copyright The library has a representative on the university's Educational Policies Committee, which vets all new course proposals and discusses issues such as the delivery of distance education and the integration of new technology into the classroom. The Library was consulted prior to negotiations between the Board and the Faculty Association about copyright. Library admin has been participating in information gathering, discussion, and writing of policies and procedures for the campus on this topic.

14 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library policy context- Question: Conversely, does university policy guide or influence the library's provision of copyright information?

15 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Linguistic breakdown Yes%No%Not sure% French433.3%541.7%325% English1734%2244%1122%

16 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Sample comments from schools responding in the affirmative… The Library copyright guide refers users to the university policy on copyright. Academic and legal opinions prevail. Only so far as to guide instructors as to their IP rights vis-a-vis their works We follow University policy where it exists Consult as necessary with the University solicitor Yes, because some of the IP issues are related to labour agreements hence the Library reflects this. It is not university policy that guides us so much as the curriculum. Our provision of copyright information is influenced and informed by the needs of visual learners and creative practitioners. Library services is guided by university polices: course and program planning, development, and delivery Only insofar as it dictates that the library is to provide such information to the university community. We would definitely consult the campus Copyright Officer whenever we were unsure of something concerning copyright.

17 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library policy context- Question: Which department or service in the library has been delegated responsibility for copyright issues? ResponseFrequency Library administration/University librarian13 Multiple departments8 Access Services6 Copyright Office3 Public Services/User Services3 Archives, Collections, Circulation, E- Learning, Interlibrary Loans, Library Committee, Reserve, and my favourite, Whoever gets stuck with the question 1

18 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library policy context- Question: Is there a separate department or service in the library that handles rights holders' issues? ResponseFrequency% Yes58% No5892%

19 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Responses from schools answering in the affirmative: Purpose of service or departmentFrequency Open Access publishing5 Advocacy for change in scholarly communication 5 Advice for authors re publishing4 Publishing partnerships with other entities, either internal or external to the university 2

20 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The challenge of copyright communication via the web… Copyright Highly conceptual and notoriously subject to interpretation Legal terminology Matrix of principles, rights, rules, and tests Involves copyright collectives, e-resource licensing, and copyright law Intersection of many interests: economic, cultural, social, political, legal, philosophical Popular assumptions The Web Attention scarcity New communities of interest Culture of sharing content & collaboration; full interactivity Everyone is a publisher Scannable and concise information Segmented and non-linear Visual organization devices

21 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 An objectives-based framework for a copyright webpage Legal obligations: The need to emphasize the librarys respect for copyright law and intellectual property; The universitys diverse interests: The need to promote a balanced and informed approach between the interests of creators, owners, and users; Educational role: The need to promote the librarys role as educator and facilitator in using copyrighted works for teaching, research, and learning; External context: The interest in raising awareness of key decisions and copyright reform issues that are being put forward by public and private organizations.

22 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Objective #1 – To emphasize the librarys respect for copyright and intellectual property: Reference to university policies on intellectual property, whether it be copyright, academic integrity and plagiarism, or patents and technology transfer; Reference to national legislation, as well as to specific departments (such as the Ministry of Heritage and the Canadian Intellectual Property Office) and to publicly- available case law on copyright cases; Reference to international agreements, such as the Berne Convention, the WIPO Copyright Treaty, and the TRIPS agreement; Reference to services or initiatives that embody copyright issues, such as institutional repositories, e-reserves, interlibrary loans, and technology-enhanced learning.

23 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Objective #2 – To promote a balanced approach between the interests of copyright creators, owners and the needs of users: An explanation of how the universitys educational and research activities intimately involve copyright from the creators, owners and users perspectives, and that the library strives to ensure an informed balance of interests; An overview of key concepts of intellectual property such as definitions of copyrights, patents, and trademarks; duration and extent of owners rights, fair dealing, public domain, substantial copying and educational exceptions An overview of the purpose of collective societies, the coverage and scope of the universitys license with a copyright collective (eg AccessCopyright, Copibec, Criterion, etc); specific permissions and procedures for obtaining clearance; Discussion of the importance of retaining various author rights as appropriate in commercial publications via copyright transfer agreements, and providing information and resources on this issue; An overview of information on the use of licensed electronic resources and an explanation of the contractual obligations such as conditions of use, as being distinct from the provisions of copyright law; Provide links to resources that can help in understanding the permissions and archiving policies of publishers, e.g. SHERPA.

24 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Objective #3 - To explain the librarys role as educator and facilitator Provision of learning aids such as flowcharts, decision-trees, quizzes, or tutorials that can effectively communicate basic ideas and concepts; How to information such as procedures for requesting clearance of rights, an FAQ on copying issues and questions; model letters for requesting copying permission (if appropriate) Information on specific books and other resources; links to catalogue subject headings; An overview of the challenges of using works in digital formats and technologies, e.g. moving content from one format to another. An overview of copyright myths, e.g. that everything on the Internet can be copied without permission for education purposes; A description of copyright cues – how to consider the nature of a work and its intended use to help determine whether if a use is permitted; Information on who to contact for specific issues.

25 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Objective #4 –Raising awareness of copyright reform issues Presenting the impact of new technology on the availability of intellectual works for education and research, e.g. digital rights management technology, anti-circumvention provisions; Presenting an overview of recent legislation, national and international, in the context of expanding protection for owners rights ; Discussing the impact of copyright on the availability of our cultural and intellectual heritage, in the context of broader scholarly communication issues, such as open access and author rights; Discussing recent Supreme Court decisions reflecting on copyright issues such as the CCH and Théberge cases, and their impact on the concept of fair dealing and user rights; Providing information and links to organizations that promote these issues, such as library, educational and artists groups, copyright blogs.

26 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library copyright webpage- Question: Do you have a library webpage providing information about copyright issues? ResponseNumber of responses% Yes3860.3% No2539.7% Several schools answering in the affirmative that indicated they were in the process of developing a webpage or revising an existing page. There are ten schools that answered in the negative that offer a university copyright page via another department or service. Therefore there are fifteen schools among the respondents that dont appear to offer a copyright webpage to their user community

27 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Differences between English and French universities Yes%No% French872.7%327.3% English3262.7%1937.3%

28 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library copyright webpage- Question: How many clicks away from your library homepage is this page?

29 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library copyright webpage- As searching is a critical method for information retrieval, a separate analysis was undertaken regarding search box availability Search engine available on library site? Number% Yes2161.8% No1338.2%

30 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Libraries providing a copyright page (all Canadian academic libraries) Institution sizeNumber of institutions Libraries providing copyright page % 0-9,999 FTE ,000-24,999 FTE ,000+ FTE

31 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Universities providing a copyright page other than via the library Institution sizeNumber of institutions Universities providing copyright page other than via the library % 0-9,999 FTE ,000-24,999 FTE ,000 FTE

32 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Universities not providing any copyright page Institution sizeNumber of institutions Universities not providing any copyright page % 0-9,999 FTE ,000-24,999 FTE ,000+ FTE

33 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 The Library copyright webpage- Question: Did information from any external organization (eg. library association, governmental agency, copyright collective) contribute to the development of this page?

34 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 For those answering in the affirmative, here is the breakdown of influences NameFrequency of mention Copyright collectives (AccessCopyright, Copibec, Audio Cine, Criterion, ERCC) 19 Copyright Act and regulations7 Association of Universities and Colleges in Canada 6 Canadian Library Association5 Other university or library websites4 Canadian Association of Research Libraries 3 Advocacy or information websites2 Association of Research Libraries1 Canadian Intellectual Property Office1

35 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Question: What is the general purpose of this page? PurposeFrequency of responsePercentage of total Information about the copyright collective license (AccessCopyright, Copibec) 3619% Explaining copyright legislation, including fair dealing % Conditions of use for digitized materials (electronic resources) % Information about specific library services such as Reserve, Interlibrary Loan, Document Delivery, and Media Resources % Information and links for national and international agreements and organizations % Procedures on how to submit requests for copying, such as an FAQ % Explaining the impact of copyright on research and publishing 168.4% Integration of content into course management systems, such as WebCT or Blackboard 126.3% Advocacy for copyright reform10.5% None of the above10.5%

36 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Methods of communication re copyright- Question: Does your library use any of the following methods to raise awareness of the use of copyrighted materials? MethodFrequency of response% Individual assistance4818.5% Information literacy4115.8% Faculty liaison/outreach4015.4% Reference service3915.0% Web page3915.0% Printed information3111.9% Online tutorial124.6% Other72.7% None31.1%

37 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Linguistic breakdown…. French%English% Information literacy 763.6%3466.6% Faculty liaison/outreach 327.3%3772.5% Individual assistance 545.5%4384.3% Reference service 763.6%3264% Printed information 436.4%2754% Web page654.5%3364.7% Online tutorial436.4%816% Other (specify)218.2%714% None19.1%24%

38 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Methods of communication re copyright- Question: Which of the above do you feel is the most important method, and why? MethodFrequency of response% Faculty liaison/outreach1533.3% Web page1124.5% Individual assistance1124.5% Information literacy715.5% Reference service12.2%

39 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 A sample of comments received…. Information literacy: because IL can reach so many people in so many different ways, and because IL allows you to catch people's interest in copyright issues through storytelling Web page because this is where faculty check first to get a sense of what they need to do. Because of the complexity of copyright rules and restrictions the web site can't possibly answer all their questions, but at least it alerts them to the fact that copyright is something that has to be considered and encourages them to contact the Copyright Officer Faculty liaison: they are the front line to student understanding of copyright implications, as it applies to their research and writing for assignments Individual assistance: it provides information and assistance at time of greatest need Web page: distributed most widely Faculty liaison/outreach, because of the impact on creating course packs, print and electronic; because faculty have a strong influence on students, both in terms of educating them about what is permissible, and helping them avoid temptation by the way they (faculty) provide or point to the resources they want their students to use

40 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Methods of communication re copyright- Question: If you use printed information, is it generally similar in content to your web page? ResponseFrequency% Yes1830% No813.3% Doesnt apply3456.7% Comments indicated that the print material was condensed, or restricted to signs on photocopiers, or targeted to a particular group such as faculty. The findings indicate that the content of the copyright message frequently needs to be modified or re-thought in working with these two media, as the two approaches are fundamentally different in nature.

41 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges- Question: What are the biggest challenges you face in dealing with copyright issues? This question elicited a large wave of feedback! These span a wide range of issues and can be categorized into three broad themes for the purpose of analysis: – Educational (referring to outreach, teaching, and other communication with the user community, as well as library staff knowledge) – Interpretive (understanding of the law, in particular the limitations and restrictions on what is permissible) – Organizational (referring to staff resources and coordination on campus)

42 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges- Educational comments: – Faculty are convinced that copyright restrictions don't apply to them. Students don't care. – Reaching a consistent and common understanding among our clients – Helping students to understand the difference between copyright and plagiarism – Widespread misunderstanding about limitations – Getting faculty to accept that copyright is real – To convince people that copyright issues are important in the academic world. People seem to think that copyright only applies to profit making organizations

43 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges-Educational comments (contd) – Developing respect for copyright in a world where open access is being advocated for all information resources. – Compliance by users, understanding digital copyright – Educating users is difficult. The current generation of university students believes that if something is on the web, it is "free" and can be "freely" used. It is doubtful that this issue can be dealt with easily – Trying to explain the ambiguity of the Copyright Act. Explaining the varying percentages of copying allowed under the Access Copyright license

44 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges- Organizational comments – Determining what the library's role should be in conjunction with the university – The depth and breadth of understanding of copyright issues required to respond to some copyright questions and the lack of anyone on our campus with such responsibility – Lack of campus wide agreement – Lack of university central coordination, lack of expertise on campus, lack of legal support, lack of staff resources for the library to take the lead on copyright for the campus – Campus support and understanding of the issues in more than a superficial fashion

45 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges- Interpretive comments – Interpreting copyright language (the Act and court decisions) that are complicated, often vague, and sometimes out of date – The ambiguous nature of the beast, subject to a wide range of interpretations – Knowing how to use 'fair dealing' clearly – Vagaries of the law itself - barrier to disabled patrons – Technology - WebCT and what can go there – Keeping up with the relevant legislation and understanding when other jurisdictions apply also which legislation trumps other legislation – Not wanting to be too conservative in practice – To be able to rely upon clear legislation in order to provide appropriate guidance to researchers – The differences between copyright and licensing

46 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges- Question : Do you have any other comments on copyright in the academic library context, eg the impact of new technologies; the impact of contractual licensing for e-resources; the education of users? – Definite concern about licenses for e-resources sapping rights previously enjoyed under copyright for print – We feel we are often paying twice - once for electronic resource subscription and then again when used in course packs or on Blackboard – IP is the new copyright; we may have missed the boat as IP in other guises moves forward – The Copyright Act and existing copyright licensing agencies don't mesh well with technological changes in the transmission of information – I suspect we are often licensing and paying for access that is available to us under fair dealing esp. since the CCH case. I think an argument could be made that we no longer need Part A of the Access Copyright license

47 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Copyright challenges- Other comments (contd) – The technical complexity of copyright is very onerous for the library to manage, and we dont have the resources for it. – Promoting awareness of fair dealing, and its importance to teaching and scholarship; political spin and media sensationalism/over-simplification make this more difficult – New technologies make it possible to do anything, and it is difficult to know how to interpret the current law & licenses to apply to the various types of new technologies. – We'd like to move into electronic reserves : clarification needed

48 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 A few recommendations to the library community… That libraries seek a coordinated approach to copyright in their institutions with the different stakeholders on campus, in terms of communication, teaching, and interpretation; That libraries provide a copyright information page on the library website; That wherever possible, libraries designate an individual who will act as the lead for coordinating copyright activities and education within the library, and in conjunction with scholarly communication issues; That the different methods of copyright literacy be assessed holistically, in terms of values, technology, and policy;

49 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 A few more recommendations… That copyright literacy needs different levels of involvement, at the local, regional, or national levels, depending on what is feasible and appropriate; That libraries find means & tools for sharing best practices and ideas; That libraries be vigilant in ensuring that statutory rights (eg fair dealing & library exceptions) are not eroded by license agreements; That libraries review their portfolio of licensed electronic resources to ensure that they are not paying twice to reproduce a copyrighted item for coursepacks, eg a journal article, for research and private study purposes.

50 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Areas for further investigation Information literacy programs and copyright – what is being communicated to users, in relation to open access, authors rights, and scholarly communication in general? How does copyright literacy fit into the broader narrative for learning and research? What is the role of the copyright officer in the library and the university? How are college libraries, public libraries, and school libraries handling copyright communication? How do Canadian approaches compare to those of US and European universities?

51 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 A lighter side of copyright…. The Marx Brothers and the Warner Brothers in the making of A Night in Casablanca (1946)

52 Copyright communication in Canada Academic Libraries. OLA Superconference January 2009 Thanks! Any questions or comments? Tony Horava (613) ext3645


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