The Copyright Librarian

A Practical Handbook

Linda Frederiksen

• Publisher: Chandos Publishing
• Year: 2015
• Print ISBN: 9780081001721
• eBook ISBN: 9780081002117
• Topic: Lingue e linguistica
• Subtopic: Scienze dell'informazione e biblioteconomia

Within most libraries in the United States today there is an information professional who has become the 'go-to' person for grasping and grappling with copyright questions. While not an attorney, this librarian has developed an awareness and understanding of copyright law, legislation and practice as they relate to a wide variety of library activities. This practical handbook provides a broad overview of copyright librarianship. It is written for information professionals whose area of expertise, specialization or job it is to inform and educate others about the ethical use and best practices surrounding copyrighted materials It is written about the person with solid analytical skills and the ability to adapt and adjust in a rapidly changing environment; someone who can serve as an intermediary between information producers and consumers; someone who is knowledgeable about the law and providing access to information; someone who is well positioned within an organization to answer questions about copyright and provide reliable, accurate, and relevant answers, information, assistance, and guidance when needed. In short: a copyright librarian. - Thorough and up-to-date look at an emerging field of specialization within libraries - Provides an overview of job opportunities available and how to prepare for these jobs - Presents a range of useful current awareness and professional development resources and tools for the new, prospective, and working professional - Addresses common misperceptions about copyright librarians

Chapter 1

Introduction

Abstract

In this chapter, a definition for the term “copyright librarian” is given. An introduction to the major themes and organization of the book, as well as its intent and design, is provided.

Keywords

Copyright; Librarianship; Libraries; Library and information science (LIS); Specialization

1.1. Overview

Consider for a moment this statement, written nearly 10 years ago:

From the days of Sumerian clay tablets till now, humans have “published” at least 32 million books, 750 million articles and essays, 25 million songs, 500 million images, 500,000 movies, 3 million videos, TV shows and short films and 100 billion public Web pages. All this material is currently contained in all the libraries and archives of the world.

Kelly (2006)

Since that time, the number of ideas transfixed into tangible media and now including e-books, maps, photographs, films, music, radio broadcasts and streams, podcasts, Web pages, blog posts, and more has continued to increase exponentially. By 2015, WorldCat, the world’s largest and most comprehensive catalog of library resources, contained more than 2.2 billion items, with a new record added every 10 s (OCLC, 2015). Furthermore, according to the International Intellectual Property Alliance (IIPA), copyright-related industries in the United States alone drew in more than US $1.1 trillion in 2013, accounting for more than 6.7% of the US economy (Siwek, 2014). The reality of living in a digital age of ubiquitous information, communication, and delivery mechanisms means that we are, all of us, surrounded everywhere by copyrighted material.

At the same time, the laws and practices that govern the use of these materials are neither simple nor easy to understand. No stranger himself to its complexities, Mark Twain is said to have famously remarked: “Only one thing is impossible for God: to find any sense in any copyright law on the planet” (Twain & Paine, 1935, p. 381). Indeed, when we try to approach copyright in any meaningful way, we generally come away from the encounter more confused than enlightened and with far more questions than answers. Uncertainty, frustration, anxiety, and even anger are not uncommon responses to the myriad social, political, economic, cultural, technological, and legal issues related to a bundle of intellectual property rights that has grown, developed, and changed over the years. Although the law is meant to protect the intellectual output of a country’s citizens and encourage them in creative pursuits and innovation, it does not always seem that this is the case.

Copyright is not a topic many enjoy. While the desire to avoid the difficulties of information ownership and use may be our first inclination, it is no longer possible to do so. For librarians and other information professionals, not only are we surrounded by copyrighted materials, we do much of our work based on exemptions granted through the laws of various countries. In a recent World Intellectual Property Organization (WIPO) report, of the 186 countries that were studied, only 33 (less than 18%) did not have some kind of library-specific exception as part of their national copyright law (Crews, 2014). In the United States and around the world, first sale, fair use and fair dealing, copyright exceptions and permissions, the Berne Treaty, open access, duration, moral rights and author’s rights are but a few of the ways that copyright law and practice intersect with libraries.

Librarians who handle copyright questions within their institutions provide a necessary service that is well within the scope of our profession.

Libraries and copyright are intertwined. It is, however, a common misconception held by both librarians and nonlibrarians alike that because library staff generally are not licensed to also practice law, we are not qualified to engage in any meaningful way with issues related to copyright. It is true that as librarians we cannot interpret the law or provide legal advice, as an attorney might. At the same time, we do know and care about the laws and practices under which we do our work. In much the same way that health sciences librarians do not practice medicine by diagnosing illness or prescribing medication, librarians who handle copyright questions within their institutions provide a necessary service that is well within the scope of our profession. Furthermore,

As a profession, we value equitable access to information, the privacy rights of users, the free flow of information, and preservation of the cultural record—grand ideas that are affected by copyright law and other information policies.

Russell (2004, p. 133).

It is the purpose of this handbook to provide a broad overview of significant ways that libraries around the world are engaging in the work of copyright guidance, assistance, education, advocacy, and leadership. Librarians may know and care about copyright and information access in general, yet how this is expressed in practice varies greatly. As a result, this book is written about those currently working as either a de facto or de jure expert in the area of copyright as well as for those who are interested in knowing more. It is written for students and working information professionals with solid analytical skills and the ability to adjust and adapt in a rapidly changing, often contentious environment. Someone who can serve as an intermediary between information producers and consumers; someone who is knowledgeable about the law and providing access to information; someone who is well positioned within an organization to answer questions about copyright and provide accurate, relevant, and timely answers, as well as assistance and guidance when needed—in short, a copyright librarian.

Before going any further, a definition is in order. For simplicity and consistency, in these pages copyright librarianship and its related terms will refer to information professionals with a background and/or experience in libraries and an interest in copyright. Although not all copyright experts are attorneys and not all copyright specialists are librarians, the terms “librarian,” “specialist,” and “expert” are used interchangeably throughout the book. There is such diversity in job titles, training, skills, workplace settings, organizational structures, geographic location, levels of service, types of support, range of activities, and more that it would be a mistake to limit our examination of the field by educational degree. What these positions do have in common is that they are filled by dedicated “individuals with the skill set, training and passion for copyright issues to serve as institutional focal points on copyright activities” (Kawooya, Veverka, & Lipinski, 2015, p. 343).

But, who are these copyright librarians? How did they come to be in their jobs? What exactly do they do every day? How do they stay informed and current in a changing, confusing, and often discordant environment? Could I become a copyright librarian myself? If so, how might I prepare for this specialization? What knowledge and training is needed to take on a role as a copyright specialist? What other career or professional development options are available? In these pages, you will find answers to these questions and more.

1.2. Intent and Design of the Book

This book is intended for librarians and other information professionals who are interested in entering or moving into copyright specialist careers. It is also for library and information science (LIS) students with an interest in copyright, as it operates in library settings. The purpose of this book is to look specifically at copyright specialists currently working in libraries around the world. Written not for attorneys or legal experts, it is intended to help students, librarians, information professionals, and others who may be new to the field. Likewise, it is written for managers and administrators, who may be considering creating or filling a copyright specialist position.

Some of the topics covered in these pages include:

• A day in the life of a copyright librarian

• Copyright expertise as an emerging area of specialization within libraries

• Key concepts related to libraries and copyright

• Career opportunities and how to prepare for a job as a copyright specialist

• Useful current awareness and professional development resources and tools

• Taking the next step as a copyright expert

We begin with a look at copyright specialization as it is currently being practiced in different library environments around the world. Chapter 2 provides an in-depth focus on copyright librarianship and is drawn from the responses of a survey conducted by the author in 2015. This “day in the life” questionnaire elicited valuable information from and about working copyright librarians in Canada, Europe, the United Kingdom, and the United States. These interviews are a first-hand look at the challenges and opportunities of copyright librarianship. The results are interesting and may reinforce anecdotal evidence about copyright in libraries that is beginning to appear in the professional literature. Quotes from these thoughtful personal reflections are included throughout the book.

In the next section, we look more closely at the daily work of the copyright specialists interviewed as well as general concepts related to copyright in libraries. The intent of this book is not to debate copyright law or policy, an awareness and understanding of how both play out in library environments is important. The purpose in these chapters is to demonstrate how and why copyright and librarianship are such a natural fit for job specialization.

In Chapter 4, the variety of job titles, requirements, roles, and responsibilities of a copyright librarian are examined in relation to a content analysis of job descriptions for copyright positions in academic libraries in the United States. Despite a growing need and demand for copyright specialization positions in libraries, LIS education has not kept pace. Chapters 5 and 6 look specifically at copyright education and training both during and after degree attainment. While librarians are increasingly being called upon to answer questions about copyrighted materials in information-intensive environments, most acknowledge that they have not been adequately prepared for these challenges. Continuing education and professional development are essential components for those who become, either by design or default, copyright experts.

In the final chapters, we conclude by looking ahead to what else can be done with specialized knowledge about copyright. For many librarians and information professionals, developing expertise and gaining confidence in the area of copyright law and practice is just the beginning of a wide range of exciting career, scholarship, and service opportunities. Creating copyright education programs, advocating for copyright reform, and providing leadership on copyright issues that affect libraries both at home and abroad are a few of the ways that copyright librarians can take their skills, knowledge, experience, and expertise to the next level. Appendices, suggested readings, and a glossary complete the volume.

1.3. Disclaimers

A word here about what this book is not. First and foremost, it is n...

Table of contents

• Cover image
• Title page
• Table of Contents
• Series Page
• Copyright
• List of Tables
• About the Author
• Foreword
• Acknowledgments
• Chapter 1. Introduction
• Chapter 2. A Day in the Life
• Chapter 3. Copyright in Libraries
• Chapter 4. Copyright Specialization
• Chapter 5. On the Job: Copyright Librarianship at Work
• Chapter 6. Library and Information Science Education
• Chapter 7. DIY Librarianship: Professional Development, Continuing Education, and Current Awareness
• Chapter 8. The Next Step: Outreach, Advocacy, and Leadership
• Chapter 9. What Copyright Librarians Know
• Appendix A. Copyright Librarian Interview Questions
• Appendix B. ARL Database Description and Information
• Appendix C. Job Title
• Appendix D. Recommended Resources
• Glossary/Acronyms
• Bibliography
• Index