Libraries and Copyright: Fair Use & e-Reserves

October 5, 2010 - 1:00 to 2:30 pm EDT

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Overview

Guide your institution to full compliance with its fair use and e-reserve legal obligations.

Even though institutions of higher education are the most significant users of copyrighted materials, their policies frequently fail to reflect current copyright frameworks. For fair use issues, your institution likely restrains its policies more than necessary out of fear of copyright infringement in the face of uncertainty. Conversely, the use of electronic reserves - and the untested legal issues they present - may well be creating potential copyright liability for your institution and your staff.

Join Academic Impressions in this two-part archived webcast designed to help you effectively guide your institution to full compliance with its fair use and e-reserve legal obligations.

WHO SHOULD ATTEND

Librarians, archivists, and staff responsible for the creation and enforcement of institutional copyright policy will leave this event with the knowledge they need to apply fair use doctrine and establish e-reserves policy.

Session 1: Applying the Fair Use Doctrine - participants will:

Understand the origins, evolution, and context of fair use and other relevant principles of copyright law
Learn how to analyze what constitutes fair use under the law
Gain comfort in approaching fair use issues as a matter of risk management

Session 2: Copyright Considerations for e-reserves - participants will:

Apply copyright law to library reserve collections
Explore a variety of approaches to e-reserves
Obtain guidelines for developing e-reserves policy
Gain tips for educating your communities about your policy

Testimonials

"Clear, concise and well paced presentation. Presenters were not only subject matter experts but engaging. Very few extraneous words in a meaty topic."

Karen Bambacus, Director, Instructional Technologies, Frostburg State University, Maryland

"The program provides a great foundation in the fair use dimensions of copyright law useful in faculty and staff development."

Dr. Rodney Vliet, Dean of Library and Media Services, Biola University (La Mirada, CA)

"We are training library staff to handle copyright management at our institution and this was a very thorough introduction to the concept of "fair use". We will use this information to compile our policies to share with faculty, staff, and students as we administer copyright on campus. The speakers were very clear and concise and gave pertinent, real-life examples."

Penny Cowan, Digital Systems Librarian, University of the South

"This provided an extremely valuable overview to the issues of Fair Use in a variety of venues. I recommend this to librarians and other educators involved with copyright and campus policies."

Jon Ritterbush, Electronic Resources Librarian, University of Nebraska-Kearney

Agenda

Session 1: Recorded on Tuesday, October 5, 2010 :: 90 minutes

Applying the Fair Use Doctrine

The place and importance of fair use in the copyright scheme
- The exclusive rights and their limitations
- Other statutory rights for education
- Educational fair use as a "catch-all" and "safety valve"
- The erosion of the right of educational institutions to use copyrighted material
Applying the fair use factors
- Purpose and character of the use
- Nature of the copyrighted work
  - Published v. unpublished
- Amount and substantiality of the use
- Impact on the market
Fair use as risk management
- Finding and defending the reasonable middle ground
- The good faith fair use defense
Main take-aways
- Using fair use as a "last resort" rather than a first defense
- Fair use as policy choice and risk management

Session 2: Recorded on Tuesday, October 12, 2010 :: 90 minutes

Copyright Considerations for e-Reserves

Existing "fair use" guidelines and their meaning for e-reserves
- Classroom guidelines
- Conference on Fair Use (CONFU)
- ALA model policy on reserves
- Coursepack cases
Current case studies
- Cornell University guidelines
- Georgia State University litigation
- UCLA video reserve controversy
Decision points for implementing e-reserves
- Identifying the materials to be reserved
  - Print works
  - Photographs and slides
  - Music
  - Video
- Considering and coordinating licenses
- Developing and communicating a policy
- Establishing procedures
The future of e-reserves

Want more information about this event?

Contact Tunde Brimah, Senior Conference Director if you'd like additional information about the program agenda.

Instructors

Kevin L. Smith, J.D.

Director of Copyright and Scholarly Communications, Perkins Library

Duke University

As Duke University’s first scholarly communications officer, Kevin Smith’s principle role is to teach and advise faculty, administrators, and students about copyright, intellectual property licensing, and scholarly publishing. Before moving to Duke in 2006, Kevin, a librarian and a lawyer, served as the director of the Pilgrim Library at Defiance College in Ohio, where he also taught constitutional law. He is a member of the provost’s Intellectual Property Board at Duke and is chair of ACRL’s Research and Scholarly Environment committee.

Steven J. McDonald, J.D.

General Counsel

Rhode Island School of Design

Steve has experience with a wide variety of copyright-related issues, including the development of intellectual property policies, guidelines, educational materials, and IP licensing. He previously served as associate legal counsel at Ohio State University. He began his legal career in private practice and has taught courses in internet law at Ohio State’s College of Law and at Capital University Law School. Steve is a fellow and past member of the Board of Directors of NACUA.

Registration

$650.00

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