Library Management Council
28 March 2007
Minutes
The Association of Research Libraries recently published a brochure on copyright designed to advise faculty about their rights in regards to posting resources for teaching purposes. The brochure generated discussion among library directors who asked Kevin Davis, University Counsel, to meet with the Library Directors Council to discuss questions relating to copyright, particularly in regard to questions asked by faculty to front line staff and issues arising about streaming audio and video for reserves.
The group began by asking if the ARL brochure is consistent with the university’s stance on copyright? The brochure is consistent with the university’s policy of encouraging education and discussion on the topic of copyright. However, it is designed primarily for faculty who need to make a decision on whether the use of something they wish to post for class falls under fair use. Vanderbilt’s policy is to not ask faculty to make that decision; they should instead send class materials to the Copyright Clearance Service who will in turn request permission to use the resources. Other decisions that faculty make for their own research are their responsibility.
Where is the university’s copyright policy located? The policy that is currently on the library’s Copyright Clearance Service site is derived from a memo from Tom Burrish, distributed some years ago. When the Copyright Service moved to the library, the policy transferred there, so the library is the only place where the policy is found.
Would it be appropriate for the library to offer instructional programs on copyright? Student groups are becoming very interested in this subject with the recent RIAA law suits. The Center for Teaching has done some work on the subject. Student Life has created ad hoc programs on the topic. The library would be a wonderful place to conduct programs for students and for faculty. The University Counsel’s office would be glad to offer support for such programs, as they would further the educational mission of the university. The library is familiar with the issues involved in copyright in terms of rights and the marketplace that others may be unaware of and could relate stories that would encourage writers to bargain for better copyright terms when placing an article in publication.
What if we discover faculty or staff are posting materials on OAK outside of the Copyright Clearance Service (CCS)? If you are aware of violations of copyright policy then directors or their designates need to approach the person and/or department depending upon the situation and encourage them to contact the CCS. There is a distinction, however, between what is brought to your attention versus policing patrons. Ignoring a problem is wrong, but staff are not expected to act as police.
Paul noted that the library does not enforce copyright on campus, we only facilitate getting permissions to use material. He suggested that we post a notice on OAK to ask faculty to check with CCS before posting materials. We might also include information about copyright in new faculty orientations.
What if we post something to OAK that we own or license in the library as a pdf, which results in a quicker link than other methods? It’s important to read your license agreement to see what is acceptable. This is a good topic to discuss when you are renegotiating licenses. Generally, our licenses do not address e-reserves. There is opportunity to negotiate these rights with database vendors, especially if you are purchasing in a consortium.
What is going to happen in the RIAA lawsuit? The Music Library would like to use the case as an educational scenario. This is the first year that RIAA has sent offers to campuses to allow respondents to pay a reduced fee before being sued. This process reduces the RIAA’s costs but it creates tension between the university and our students. If the students do not pay, then RIAA will file a John Doe lawsuit to identify the owners of the IP addresses and will sue them. However, linking IP addresses to violations is a problem since the university does not register MAC addresses and it is unclear if the computer owner is always the person who violates copyright. The university is in the process of determining if they can identify the students. Currently, when Student Life is informed of a violation of copyright, the student receives a reprimand and a note goes in their file. The library should not have to serve as copyright police. When you learn of a violation, it should be reported, as would other acts of vandalism, to the Student Conduct Office.
At the Music Library, faculty reserve requests are streamed to OAK by the library. Only those specific students can listen and the file is removed at the end of the class. Only portions of the CD are downloaded and we are certain to have a copy of the resource in our collection. Does this meet statutory exceptions for the law? It’s unclear if there are statutory exceptions for listening to music outside of the classroom. State institutions are exempt from suit, so they can take greater risk. Moreover, you are making a copy to play from the server, so you are dealing with another copyright issue. If you are using a portion of the CD, then it is a bit more like fair use. But if the excuse is to keep from making students buy the materials, then that is not an acceptable reason. Actual classroom use is more clearly covered in the law, but convenience for students outside of class is not.
Discussion ensued about the difficulties that the Music Library faces in terms of the lack of a Copyright Clearance Service for performing resources. If there is no easy way to identify who to pay for use, then how can we be held at fault for not paying?
The question of streaming audio of lectures at Vanderbilt arose. We should be certain to have the lecturer sign a release form before recording and posting the lecture. The same issues relate to streaming video. If the videos are commercially purchased, then the ability to stream them from OAK would depend on the purpose. If it is being done within a class, that is alright. If it is an issue of convenience for the student, that is not sufficient.