occupy copyright!

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Open Access Week 2011 presentation for the ISchool at Syracuse University.

TRANSCRIPT

TheThingYouBurned.key

OCCUPY COPYRIGHT

Dorothea SaloSchool of Library and Information Studies

University of WisconsinMadison

before it destroys scholarship and libraries for good

So, Im notorious for changing slides and even talk titles at the last minute. Ive done it again!

DISCLAIMERS:

I dont do open access for a living any more.

(thats okay. I was pretty bad at it.)

im also not a lawyer.

Photo: Alarm Clock 3 by Alan Cleaverhttp://www.flickr.com/photos/alancleaver/4293345633/ CC-BY 2.0

Frankly, Im alarmed at whats going on with copyright in libraries and education right now, and I want to share whats going on, because I dont want to be the only one alarmed!

biggest threat to libraries?

Photo: $5700 by Andrew Magillhttp://www.flickr.com/photos/amagill/362201147/ CC-BY 2.0

If you ask librarians whats the biggest threat to libraries right now, I suspect a lot of them will talk about money. Budgets being slashed, branches being closed, money money money. Well, I dont actually believe that money is the greatest threat to modern libraries. (CLICK) I think its modern COPYRIGHT, and the attitudes held by many, mostly corporate, copyright owners.Protect IP Act: In current House version, would allow the US to demand that US-based DNS servers and search engines refuse to take browsers to a site deemed by a copyright holder to have violated copyright. No judge will be involved in deciding what sites to censor! Imagine the Authors Guild effectively wiping Hathi Trust off the Internet with a single copyright claim, and you get a sense of how bad this bill is.

biggest threat to libraries?

If you ask librarians whats the biggest threat to libraries right now, I suspect a lot of them will talk about money. Budgets being slashed, branches being closed, money money money. Well, I dont actually believe that money is the greatest threat to modern libraries. (CLICK) I think its modern COPYRIGHT, and the attitudes held by many, mostly corporate, copyright owners.Protect IP Act: In current House version, would allow the US to demand that US-based DNS servers and search engines refuse to take browsers to a site deemed by a copyright holder to have violated copyright. No judge will be involved in deciding what sites to censor! Imagine the Authors Guild effectively wiping Hathi Trust off the Internet with a single copyright claim, and you get a sense of how bad this bill is.

biggest threat to libraries?

PROT

ECT IP

ACT

If you ask librarians whats the biggest threat to libraries right now, I suspect a lot of them will talk about money. Budgets being slashed, branches being closed, money money money. Well, I dont actually believe that money is the greatest threat to modern libraries. (CLICK) I think its modern COPYRIGHT, and the attitudes held by many, mostly corporate, copyright owners.Protect IP Act: In current House version, would allow the US to demand that US-based DNS servers and search engines refuse to take browsers to a site deemed by a copyright holder to have violated copyright. No judge will be involved in deciding what sites to censor! Imagine the Authors Guild effectively wiping Hathi Trust off the Internet with a single copyright claim, and you get a sense of how bad this bill is.

Todays plan

in context.

COPY

RIGHT

CONC

EPTS

not necessarily the usual ones!

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

Lib colls: and what you can do with them without looking over your shoulder.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

... hope?

Lib colls: and what you can do with them without looking over your shoulder.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

HarperCollins

26checkouts

interlibrary loan

- no ILL across international boundaries sans publisher permission- NO DIGITAL DELIVERY except by publisher. Patrons MUST retrieve PHYSICAL copy FROM LIBRARY.- library must perform due diligence to ensure private, non-commercial use (this is not in the law!)- to hell with distance-ed students, field researchers- Smith: Presumably this is the thin end of a wedge to attack all private research use for which permission fees are not paid. It is important to understand that such a standard would give the United States the most restrictive copyright law in the world, and it would do so without the intervention of Congress.

how?

FIRST

SALE

NO digital first sale! NO first sale in anything leased instead of purchased! And most e-content, e-journals and ebooks alike, is indeed leased!First sale under threat in other ways too...

Lending foreign works?

COSTC

O V.

OMEG

A

you only THOUGHT that was legal!

Costco v. Omega: first sale doesnt apply if a work is manufactured and sold abroad, then imported to the US (which libraries do all the time! its the only way to GET a lot of foreign works!)

Lending foreign works?

WILEY

V.

KURT

SAENG

you only THOUGHT that was legal!

Wiley v. Kurtsaeng: first sale doesnt apply EVEN WHEN work is sold in the US with the copyright holders consent! Seriously, WTF? Libraries can now be sued for copyright violation for lending books we bought fair and square? We now have to track where a book was MANUFACTURED in order to sort out whether we can lend it? This is outrageous.Impact on students as well: no reselling of textbooks manufactured abroad! Arent textbooks expensive enough already?

the perennial serials crisis

300%

just got real.

how?

WELL.

..

BASIC

ALLY..

.

... BE

CAUS

E

THEY

CAN.

could you be prosecuted

AARO

N

SWAR

TZ

for breaking a publisher-library contract?

Nancy Sims: In several instances, the criminal charges are based specifically on the fact that Swartz violated MIT and JSTOR user policiesand in those instances, these charges raise some significant issues that the academic library community should be concerned about. Even when JSTOR and MIT declined to sue, the feds prosecuted!Whats the connection to copyright? Come on, do you think this would have happened without the overheated rhetoric from the Big Media lobbies in Washington? I sure dont.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

e-reserves

VS.

Does anybody ELSE think the idea of university presses suing universities and their libraries over teachers and students using scholarly works in the classroom is just plain SICK? Oh, good, its not just me.(talk about 1976 guidelines)

all of us!

e-reserves

VS.

Does anybody ELSE think the idea of university presses suing universities and their libraries over teachers and students using scholarly works in the classroom is just plain SICK? Oh, good, its not just me.(talk about 1976 guidelines)

how?

FAIR

USE

RIP

Harvard Business Review

did you really buy what you thought you bought?

how?

CONT

RACT

LAW TR

UMPS

FAIR U

SE.

Electronic theses

its FUD season!

Open Access is socialized science per ACS editor-in-chief Rudy M. Baum, arguing against the NIH Public Access Policy. Judging from his salary, and the nice little racket he has going where the ACS accredits chemistry departments, and makes purchasing its OWN JOURNALS a condition of accreditation, socialized science means anything that aint gonna make Rudy M. Baum money! Well, um, dont know about you, but Im not in academia to make Rudy M. Baum money. In any case, the point is that some scholarly societies are using copyright as a weapon against open access in particular, and scholarship generally. Who can stop them? YOU CAN.

Electronic theses

its FUD season!

Open Access is socialized science per ACS editor-in-chief Rudy M. Baum, arguing against the NIH Public Access Policy. Judging from his salary, and the nice little racket he has going where the ACS accredits chemistry departments, and makes purchasing its OWN JOURNALS a condition of accreditation, socialized science means anything that aint gonna make Rudy M. Baum money! Well, um, dont know about you, but Im not in academia to make Rudy M. Baum money. In any case, the point is that some scholarly societies are using copyright as a weapon against open access in particular, and scholarship generally. Who can stop them? YOU CAN.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

Google Books

Hathi and orphans

whole lotta overreachin goin on! AG wants everything from 1923-63 out: not all this is in-copyright!

SPECIAL COLLECTIONS AND ARCHIVES...

...LOCKED AWAY?

If we dont own (c) or get a license we cant digitize.

Our own worst enemies...

Whats this about?

ORPH

AN

WORK

S

the root problem is

STATU

TORY

DAMA

GES.

LIBRARY COLLECTIONS

TEACHING

DIGITIZATION

PRESERVATION

Sound recordings

Photo: this is not a social media megaphone by mikael altemarkhttp://www.flickr.com/photos/altemark/337248947/ CC-BY 2.0

governed by state, not federal, law pre-1972Isnt copyright uncertain ENOUGH? This is just awful.hearings recently to consider harmonizing to fed standardserious issue for fragile and obsolete analog formatsRIAA: but nobodys ever s