1. SCHOLARLY COMMUNICATIONS UPDATE CHRISTINE FRUIN VPO FOR SCHOLARLY COMMUNICATIONS

2. APPEAL IN GSU COPYRIGHT INFRINGEMENT LAWSUIT May 2012 – Judgment in favor of GSU October 2012 – Publishers appeal ASERL Amicus Brief Survey sent to ASERL member and non-member libraries E-Reserve practices largely in line with GSU parameters Anecdotes about impact of license/permission costs on e- reserve usage Distinguish coursepack cases from e-reserve service of libraries Demonstrate how e-reserves can be a transformative fair use

3. DECISION IN KIRTSAENG Facts – Kirtsaeng acquires, through family living in Thailand, foreign editions of Wiley textbooks and sells them for a profit on eBay. Wiley claims copyright infringement. Question – Whether the first sale doctrine applies to materials produced outside the United States? Trial and appellate court – NO U.S. Supreme Court – YES Impact for Libraries – majority opinion recognized great impact on libraries should they have to seek out copyright holders for all foreign published, in copyright, materials for permission to lend those materials to patrons What next? Rights holders lobby Congress for domestic exhaustion rule.

4. REDIGI CASE Facts – ReDigi operated web site where subscribers could upload and resell songs they had bought from MP3 retailers such as iTunes. Several record companies sued for copryight infringement. Question – Whether the first sale doctrine applies to resale of digital goods? District Court granted summary judgment in favor of record companies, holding that the copies of the files uploaded to the ReDigi site were not lawfully made under the Copyright Act Why this matters to libraries? Ruling may impact lending of e-books and other digital media

5. PUBLIC ACCESS TO RESEARCH Fair Access to Science and Technology Research Act (FASTR) Public access to publications after 6 months Coordination of policies among covered funding agencies Open licensing provision White House Directive on Public Access to Research Applies to agencies with research expenditures > $100 mil. Requires collaboration in development of public access plan Public access to publications after 12 months

6. LIBRARIES AND MOOCS COPYRIGHT Fair Use – applies, but in more limited fashion Use copyrighted materials in very small quantities relevant to the specific pedagogical purpose Link out to authorized resources wherever possible LICENSING Before permitting use of licensed resource, check the terms of the license Future licenses – negotiate uses that would cover use of content in MOOCs OPEN ACCESS Advocate use of open access resources ARL Issue Brief on MOOCS - http://www.arl.org/bm~doc/issuebrief- mooc-22oct12.pdfhttp://www.arl.org/bm~doc/issuebrief- mooc-22oct12.pdf

7. ASERL….LOOKING AHEAD New Scholarly Communications Interest Group and List-Serv Workshops Summer Symposium on Open Access Publishing and Data Management Metrics and Impact Factors Library Publishing Programs Etc. Scholarly Communications Resource Guide Articles and Interviews

8. COMMENTS OR QUESTIONS Christine Fruin christine.ross@ufl.edu Twitter: CampusCopyright Blog: http://campuscopyright.wordpress.com