Fair use is a wonderful right granted in the United States copyright act that enables people to make limited uses of copyrighted content without needing permission from the copyright owners. Fair Use Week, February 23-27, is a time to celebrate fair use and highlight how it can be used. To that end, the Association of Research Libraries created the Fair Use Fundamentals infographic. Learn how you can exercise fair use to your benefit!
The Vision2020: Charting a Course for Academic Computing at Wake Forest white paper draft released last fall prompted many conversations among various campus groups about the potential impacts of the report’s recommendations on the future of technology on teaching and research. The recommendations for scholarship and creative production strongly emphasized embracing the ideals of the open access movement (see pp. 11-12, 16-17).
What does that mean, exactly?
While it is too early to speculate on how this vision might be achieved, it isn’t too early to address some misunderstandings about open access: what it is, what it isn’t, and why you may already be a fan (and just not know it!).
Open access IS:
- A movement to remove access and reuse barriers to scholarship
- An opportunity for authors to retain rights under copyright (if not their full copyright)
- About publishing and archiving of scholarship
Open access is NOT:
- Exclusively about publishing: open access can be achieved by retaining archiving rights, regardless of whether the publication venue is traditional or open
- A curb on academic freedom: institutional open access policies, such as that adoped by the ZSR Library faculty, applies to peer-reviewed journal articles only, not to monographs, textbooks, or other publications; such policies also include opt-out clauses, so that you are not forced to choose between: a) publishing in an ideal venue that doesn’t allow author archiving, or b) publishing in a less ideal venue that does allow author archiving
You may already be a fan of openness to scholarship IF:
- You have shared your publications with someone who requested a copy (perhaps due to lack of access…?)
- You are active on Mendeley, arXiv, SSRN, Academia.edu, ResearchGate, etc., and have posted your publications for others to access, read, share, etc.
Open access is a framework for sharing, not a rigid set of restrictive rules. And should our university decide to move toward open access, I trust that move will foster open sharing and discovery of our collective intellectual capital in ways that are inclusive of all.
The above infographic charts the growth of the university’s Open Access Fund since its creation in 2008. To request funding for your OA publication, submit an Open Access Fund Application.
To view a larger version of the infographic, visit https://magic.piktochart.com/output/2458332-open-access-fund.
Last month, the U.S. Court of Appeals for the Second Circuit issued a ruling in the Authors Guild vs. HathiTrust case, loudly cheered by libraries for its affirmation of a lower court’s ruling that digitization for the HathiTrust Digital Library constitutes fair use. ARL Policy Notes posted a good synopsis of the ruling, and HathiTrust issued a statement and rounded up links to coverage, should you want to read more on the decision itself.
This week, Jonathan Band, noted intellectual property attorney and legal counsel for the Library Copyright Alliance, issued a paper addressing how libraries interested in mass digitization projects can look to the HathiTrust decision for guidance. It is a short but detailed analysis of the decision that, coupled with the Code of Best Practices in Fair Use, provides reassurance to libraries that, provided they meet certain standards, mass digitization projects may be permissible under fair use.
Today, a faculty member made my day.
In August 2013, Dr. Peter D. Weigl, Research Professor of Biology, applied to our Open Access Fund, seeking support for an article on temperate mountain grasslands accepted for publication in Biological Reviews. He wanted to make is work available OA, as he knew that his research would be of interest to policy makers, conservationists, and others beyond the normal readership of the journal. His fund application met our criteria, and he was successfully funded by three departments at Wake Forest University: the Z. Smith Reynolds Library, the Office of Research and Sponsored Programs, and the Department of Biology. His article, “Temperate mountain grasslands: a climate-herbivore hypothesis for origins and persistence,” co-authored with Travis W. Knowles, was first published online last October.
This morning, Dr. Weigl stopped by my office to let me know that his hopes in publishing his article OA were realized: because his article was openly accessible, he has made new research connections, and been invited to speak, including at a symposium in Oxford. He thanked me for the library’s and University’s commitment to Open Access, and to his research.
This is why OA works.
This summer, three of my esteemed scholarly communication colleagues – Kevin Smith (Duke), Lisa Macklin (Emory), and Anne Gilliland (UNC) – will be teaching Copyright for Educators and Librarians. This course aims to provide an overview of U.S. copyright law “to empower teachers and librarians at all grade levels.” If you’ve ever wanted to know more about copyright, particularly if you’ve felt hampered in your teaching because you were fearful of copyright, I encourage you to sign up. I’m taking the course because I always learn something new when Kevin, Lisa, and Anne present, and because copyright is fun!
For the Spring 2014 semester, Chelcie Rowell worked with Lisa Blee (Assistant Professor in the Department of History) to incorporate a digital exhibit and interactive map into the first year seminar, Nature, Environments, and Place in American Thought. Over the course of the semester, students in this course will develop place studies and photo essays that critically examine relationships between nature and the built environment in a particular location. This digital exhibit and mapping project is being implemented using Omeka and Neatline and is supported by ZSR’s Technology Team, with whom Chelcie liaises on Lisa’s behalf.
Chelcie and Lisa met throughout Fall 2013 in order to envision how a digital exhibit and interactive map would support the learning outcomes of the course, as well as how the platforms of Omeka and Neatline would structure the place studies and photo essays that students would create. During Spring 2014, Chelcie will provide multiple instruction sessions in the course in order to demonstrate how to use Omeka and Neatline and will be available to meet one-on-one with students. At the end of the semester, Lisa and Chelcie will present about their collaboration in a Spring 2014 series of presentations sponsored by Wake Forest’s Digital Humanities Initiative.
In August 2013 David Phillips (Associate Professor of Humanities) invited Chelcie to join the Web Team of the Humanities for the Environment project funded by the Mellon Foundation. The Humanities for the Environment project is animated by questions about the role of the humanities in the Age of the Anthropocene, a concept developed by scientist Paul Crutzen to identify a new era in which human activity is significantly reshaping the geological future of the planet. A major outcome of the project will be a portal that provides Web access to materials that engage questions related to the humanities and the environment in the Age of the Anthropocene — from syllabi and photographs to visualizations of ecological data. Chelcie’s role has been to consult about metadata as well as copyright and long-term preservation of materials contributed to the Humanities for the Environment portal. After the conclusion of the project, a selection of materials from the Web portal may be transferred to WakeSpace, the institutional repository of Wake Forest University.
When the U.S. Congress passed the Consolidated Appropriations Act, 2014 this week, it included language tucked away in Sec. 527 that gives a huge boost to public access to Federally funded research. The bill requires all Federal agencies with research & development budgets of $100 million+ each year to provide free, online access to peer-reviewed articles stemming from Federal funds within 12 months of publication. The agencies impacted include the Department of Education, the Department of Health and Human Services (which includes the National Institutes of Health, Food and Drug Administration, and Centers for Disease Control and Prevention, among other sub-agencies), and the Department of Labor. (more…)
This morning brought good news to Google, libraries, and all of us who rely on fair use: Google Books, and the scanning project to create it, is a fair use! U.S. District Judge Denny Chin issued a decision in the 8-year legal battle between the Authors Guild and Google, with Google being the decisive winner. Judge Chin specifically noted that the libraries who partnered with Google to have their holdings scanned for the Google Books corpus may also make use of those scans (the libraries got their own local copies of their scanned volumes, which is where the backbone of HathiTrust evolved). And because there was a decision rather than a settlement, it creates opportunities for others to make similar uses by looking to this ruling for guidance. Although the Authors Guild has expressed its intent to appeal (frustrating, but not surprising; it is also appealing last year’s summary judgement in its separate case against HathiTrust), this is yet another big win in the fair use column!