July 15, 2006 Copyright and Scholarly Communication

Sharon E. FarbUCLA Library

Intellectual Property Outreach to Faculty: A Case Study

July 15, 2006 Copyright and Scholarly Communication

"It became clear to me," says Mr. Koonin, "that copyright is the linchpin" of the vast system of scholarly communication. "If you're going to change that system, copyright is the nexus that you have to go after."

Steven E. Koonin, Provost of the California Institute of Technology. Chronicle of Higher Education. September 18, 1998

July 15, 2006 Copyright and Scholarly Communication

. … The context of the case involves situating the case within its setting, which may be a physical setting or the social, historical, and/or economic setting for the case.  The focus may be on the case that, because of its uniqueness, requires study (intrinsic case study), or it may be on an issue or issues, with the case used instrumentally to illustrate the issue (an instrumental case study)

J. W. Creswell. (1998). Qualitative inquiry and research design: choosing among five traditions. pp. 61-62  

Library Copyright Helpline: An Instrumental Case Study

July 15, 2006 Copyright and Scholarly Communication

Digital is Different

Copyright controls “copying” and “copies” of creative expression

Every use in digital environment creates a “copy” Every use potentially implicated or controlled by

copyright Libraries throughout time--mission provides long-term

access and use of collections and dissemination of knowledge

Faculty need to know their rights in order to manage and use their own intellectual property

July 15, 2006 Copyright and Scholarly Communication

It all starts with the mission…

UC Policy on Copyright Ownership Section I. Preamble

“The creation of copyrighted works is one of the ways the University fulfills its mission of contributing to the body of knowledge for the public good. The University encourages the creation of original works of authorship and the free expression and exchange of ideas.”

http://www.universityofcalifornia.edu/copyright/systemwide/pcoi.html

July 15, 2006 Copyright and Scholarly Communication

“A complete transfer of copyright to a publisher restricts a faculty member's right to use the work in future teaching and research. UC faculty members facing this situation should not hesitate to try to negotiate new terms.”

UC Policy on Copyright Ownership http://www.universityofcalifornia.edu/copyright/ownership.html#b

Know Your Institutional Policies

July 15, 2006 Copyright and Scholarly Communication

Know the Legal Context What exclusive rights does a copyright owner have?

Make copies of the work Make derivative works based on the original work Distribute the work Perform the work publicly Display the work in a commercial setting In the case of

visual works, the author also has the right to: Claim authorship of the work (attribution) Prevent others from attributing distorted works to original

author (integrity) The owner of a copyright may license these rights to others.

July 15, 2006 Copyright and Scholarly Communication

UCLA Copyright Helpline Pilot

#1 suggestion from faculty: need for copyright help

Pilot designed to assess and evaluate Pilot conducted Winter Quarter 2006 Preliminary assessment and analysis

July 15, 2006 Copyright and Scholarly Communication

Purpose of the Pilot

To determine the nature and scope of demand for assistance and information on copyright management for faculty

Not to give legal advice * Pilot ran 6 weeks (Feb-March 2006) Soft roll out: Library News for Faculty, Faculty

Symposium Attendees, Library Liaisons N= 25 faculty, N= 21 librarians

July 15, 2006 Copyright and Scholarly Communication

Disclaimer : Collaborate with Campus Counsel

July 15, 2006 Copyright and Scholarly Communication

Preliminary Findings

Broad interest in copyright information 3 areas copyright concern Resource intensive Relationship with Campus Counsel (25% of

required vetting through Campus Counsel)

July 15, 2006 Copyright and Scholarly Communication

AREAS OF COPYRIGHT QUESTIONS

Authors Agreements and Licensing

50%

Copyright Ownership and Duration

28%

Fair Use Classroom Instruction

22%

July 15, 2006 Copyright and Scholarly Communication

FACULTY DEPARTMENTS: Numbers of contacts

Chemistry

Economics

English

Film/TV

Germanic

History

Info Studies

Linguistics

Math

Medicine

Musicology

Physical Sci

Statistics

July 15, 2006 Copyright and Scholarly Communication

Next Steps

Complete Analysis of Copyright Helpline Pilot

Investigate what other colleges and universities are doing re copyright help for faculty

Draft report

Meet with Symposium and Campus Partners

July 15, 2006 Copyright and Scholarly Communication

July 15, 2006 Copyright and Scholarly Communication

Copyright News

Section 108 Virtual libraries and archives Premises Archiving, digital preservation

and access to web and digital information

Interlibrary loan, e-reserves

Orphan Works House Judiciary