Category Archives: Scholarly Communication

ALA and ACRL respond to Eleventh Circuit Court’s encouraging “fair use” decision in Georgia State University case

WASHINGTON, D.C.—On Friday, the U.S. Court of Appeals for the 11th Circuit handed down an important decision in Cambridge University Press et al. v. Carl V. Patton et al. concerning the permissible “fair use” of copyrighted works in electronic reserves for academic courses. Although publisher’s sought to bar the uncompensated excerpting of copyrighted material for “e-reserves,” the court rejected all such arguments and provided new guidance in the Eleventh Circuit for how “fair use” determinations by educators and librarians should best be made. Remanding to the lower court for further proceedings, the court ruled that fair use decisions should be based on a flexible, case-by-case analysis of the four factors of fair use rather than rigid “checklists” or “percentage-based” formulae.

Courtney Young, president of the American Library Association (ALA), responded to the ruling by issuing the following statement:

“The appellate court’s decision emphasizes what ALA, the Association of College & Research Libraries (ACRL) and other library associations have always supported—thoughtful analysis of fair use and a rejection of highly restrictive fair use guidelines promoted by many publishers. Critically, this decision confirms the importance of flexible limitations on publisher’s rights, such as fair use. Additionally, the appeals court’s decision offers important guidance for reevaluating the lower courts’ ruling. The court agreed that the non-profit educational nature of the e-reserves service is inherently fair, and that that teachers’ and students’ needs should be the real measure of any limits on fair use, not any rigid mathematical model. Importantly, the court also acknowledged that educators’ use of copyrighted material would be unlikely to harm publishers financially when schools aren’t offered the chance to license excerpts of copyrighted work.

“Moving forward, educational institutions can continue to operate their e-reserve services because the appeals court rejected the publishers’ efforts to undermine those e-reserve services. Nonetheless, institutions inside and outside the appeals court’s jurisdiction—which includes George, Florida and Alabama—may wish to evaluate and ultimately fine tune their services to align with the appeals court’s guidance. In addition, institutions that employ checklists should ensure that the checklists are not applied mechanically.”

In 2008, publishers Cambridge, Oxford University Press, and SAGE Publishers sued Georgia State University for copyright infringement. The publishers argued that the university’s use of copyright-protected materials in course e-reserves without a license was a violation of the copyright law. Previously, in May 2012, Judge Orinda Evans of the U.S. District Court ruled in favor of the university in a lengthy 350-page decision that reviewed the 99 alleged infringements, finding all but five infringements to be fair uses.

About the American Library Association
The American Library Association is the oldest and largest library association in the world, with approximately 57,000 members in academic, public, school, government, and special libraries. The mission of the American Library Association is to provide leadership for the development, promotion and improvement of library and information services and the profession of librarianship in order to enhance learning and ensure access to information for all.

About the Association of College & Research Libraries
The Association of College & Research Libraries (ACRL) is the higher education association for librarians. Representing more than 11,500 academic and research librarians and interested individuals, ACRL (a division of the American Library Association) is the only individual membership organization in North America that develops programs, products and services to help academic and research librarians learn, innovate and lead within the academic community. Founded in 1940, ACRL is committed to advancing learning and transforming scholarship. ACRL is on the Web at www.acrl.org/, Facebook at www.facebook.com/ala.acrl and Twitter at @ala_acrl.

ACRL Presents – Celebrating Open Access Week: Scholarly Communication Initiatives at Academic Libraries (10/23)

Join us for the free ACRL Presents webcast, “Celebrating Open Access Week: Scholarly Communication Initiatives at Academic Libraries,” on Thursday, October 23, from 1:00 – 2:00 p.m. Central time.  There are many ways that academic librarians are engaging with their communities around issues of open access and scholarly communication – collaborations with faculty, students and administration are key to understanding user perspectives and to building advocacy.  This webcast will present examples of scholarly communication and open access initiatives at a variety of academic libraries across the country.  Join us to learn how your colleagues are engaging with their communities around issues of author rights, open access, open educational resources, and more.

Learning outcomes:

  • Understand the variety of scholarly communication initiatives across a variety of institutional types and sizes
  • Hear about examples of collaboration and engagement with faculty and students
  • Learn about connections between scholarly communication, information literacy, collections and other services

Presenter: Stephanie Davis-Kahl, Scholarly Communications Librarian and Associate Professor, Illinois Wesleyan University

How to register
Submit your free registration online by October 22.  The webcast will be recorded and made available shortly after the live event.

Questions should be directed to mconahan@ala.org.  More details about Open Access Week, October 20-26, 2014, are available online.

Apply by Nov. 11 to Host 2015 ACRL Scholarly Communication Road Show Workshop

SC workshop blockToday’s academic and research librarians increasingly act as change agents in the higher education community. Nowhere is this more true than in the realm of open access and scholarly communication. To help empower our community in accelerating the transformation of the scholarly communication system, ACRL is once again taking its popular scholarly “Scholarly Communications: From Understanding to Engagement” workshop on the road to five locations in 2015. The day-long workshop is led by two expert presenters at locations across the country, and the content is updated annually to meet the evolving needs of the community. We continue the extended timeline started last year so that hosts selected for the subsidized version of the program will have longer to prepare and promote the workshop on their campuses.

The program continues its cost-sharing model as ACRL is committed to underwriting the bulk of the expense for delivering the road show, and the cost for successful host institutions is $2,000. The application to host is now available. Apply by Tuesday, November 11, 2014, at 5pm Central. Find out more on the program website.

In addition to the competitive subsidized version, you may bring this one-day workshop, at full cost, to your campus, chapter, or consortia year round.

New Updated Version of ACRL Scholarly Communication Toolkit Released

The Association of College and Research Libraries (ACRL) has released a new version of its popular Scholarly Communication Toolkit with updated content. The Toolkit, developed and maintained by the ACRL Research and Scholarly Environment Committee, continues to provide content and context on a broad range of scholarly communication topics, including expanded information on data management. It provides links to examples of specific tools, including handouts, presentations, and videos for libraries to use on their own campuses, and for library school students seeking to incorporate these issues into their course work. The Toolkit is also widely used by libraries in conjunction with Open Access Week, an annual global event promoting open models of scholarly communication, that will occur from October 20-24, 2014. The ACRL Scholarly Communication Toolkit is freely available online.

Next Steps for Scholarly Communication and Information Literacy

Editor’s Note: In this post, Joyce L. Ogburn, Chair of ACRL’s Intersections of Scholarly Communication and Information Literacy Task Force, provides an update on Task Force activities.

In 2013, ACRL issued two major publications that integrate two strong ACRL programs – information literacy and scholarly communication. The first publication to be issued was a white paper that articulated salient issues and potential connections between these two areas. [1] Close on its heels, ACRL published an open access book with contributed chapters that explored many different crossovers and intersections. [2]

In 2014, the ACRL Board appointed a task force to continue the efforts. Specifically, the task force was charged with “monitoring and responding to reactions to the white paper and use of the white paper, as well as proposing and delivering sustainable professional development opportunities building on the ideas and recommendations in the white paper.” We began our work at the ALA Midwinter Meeting, and this column summarizes our work to date.

  • Three members of the task force, along with ACRL Executive Director Mary Ellen Davis, gave a project briefing at the April 2014 CNI meeting. The discussion elicited new arenas for librarians to explore: e-portfolios; accessibility issues; undergraduate research; digital citizenship; digital identity and security of personal information; student services; and campus IT.  We encourage you to consider how these suggestions might play out on your campus. [3]
  • Three members of the task force published an article in the September 2014 issue of C&RL News addressing the work of the task force and how their libraries are applying emerging concepts. Take a look at what each is doing. [4]
  • The task force is contributing to ACRL’s new initiative on data management by addressing the concept of data literacy. A section on data literacy, with text drawn from the white paper, was added as a resources link in the Scholarly Communication Toolkit data management tab. [5]
  • We will be offering webinars with such topics as including scholarly communication with information literacy in job descriptions and expectations for librarians. Be watching for announcements.
  • A panel session at the ACRL 2015 Conference in Portland, Oregon, will engage attendees in dialogue to inform the final report, which is due to the board before the 2015 ALA Annual Conference in San Francisco. Please come join the conversation.

There are more activities in the planning stages. We want to hear from members who are using the white paper, perhaps as a guide to incorporating new topics into information literacy instruction, embedding information in research guides, developing targeted workshops for new services such as open access publishing or managing intellectual property rights, or working in new ways with partners on campus. We encourage you to add your ideas and activities in the comments section of this posting.

Task Force Members: Jeff Belliston, Barbara DeFelice, Mel Desart, Terri Fishel, Julia Gelfand, Merinda Kaye Hensley, Stephanie Davis-Kahl, Joyce Ogburn, Kevin Smith, Jean Zanoni, Kara Malenfant (ACRL Staff Liaison)

Resources Cited:

1. ACRL (2013). Intersections of Scholarly Communication and Information Literacy: Creating Strategic Collaborations for a Changing Academic Environment. Chicago: ACRL. http://acrl.ala.org/intersections/.

2. Stephanie Davis-Kahl and Merinda Kaye Hensley, eds. (2013). Common Ground at the Nexus of Information Literacy and Scholarly Communication. ChicagoACRL.
http://www.ala.org/acrl/sites/ala.org.acrl/files/content/publications/booksanddigitalresources/digital/commonground_oa.pdf.

3. Mary Ellen Davis, Stephanie Davis-Kahl, Merinda Kaye Hensley, and Joyce L. Ogburn (2014). “Enriching How We Teach and Learn:  The Intersections of Scholarly Communication and Information Literacy.” Project Briefing, CNI April 1, 2014. http://www.cni.org/wp-content/uploads/2014/04/tuesday_ogburn_acrl_-enriching.pdf.

4. Stephanie Davis-Kahl, Teresa A. Fishel, and Merinda Kaye Hensley (2014). “Weaving the Threads of Scholarly Communication and Information Literacy into Academic Librarian Roles.” C&RL News, September: 441- 444. http://crln.acrl.org/content/75/8/441.full.pdf+html.

5. Data Literacy Essay (2014). ACRL Scholarly Communication Toolkit. http://acrl.ala.org/scholcomm/?page_id=330.

- Joyce L. Ogburn, Chair, Intersections of Scholarly Communication and Information Literacy Task Force

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