Traditionally, librarians have been viewed as gatekeepers (among other things). However, Librarians (for the most part) view themselves as catalysts helping patrons getting the material they want as quickly and as "painlessly" as possible. For most patrons the ideal librarian is one who can find whatever information they need quickly, easily, possibly be able to teach them how to do it themselves, and -- most importantly -- do all of this for free. Most librarians, I assert, want to be the patron's ideal librarian. So, why then are librarians gatekeepers -- shouldn't librarians be ignoring copyright all-together in order to be the ideal librarian? The answer is that most librarians don't feel as if copyright law is some moral code they must abide by; rather, most librarians are afraid their library is going to get sued. Is having one's library being sued a legitimate fear for librarians? I argue that it is not a legitimate fear. In addition, library's and librarians have come to a breaking point in regards to copyright. Library's can barely afford the high prices for copyrighted material and most librarians believe there needs to be a universal embrace of open access in order for libraries to continue providing the services they have historically provided. Librarians need to be rebellious against copyright in order to push publishers away from price-gouging and the strangle-hold they have over their content. If librarians adopt an end-to-end policy, learn to circumvent copyright law as legally as possible, and know how likely it is that their library will be sued, then librarians will finally be taking a truly proactive and rebellious stance against copyright.

This article aims to argue for the benefits of all scholarly journals being Open Access. Authors argue that non-open access journals are significantly detrimental to an authors' research impact. Their argument is that even if all journals charged an at-cost price for their content no (or very few) libraries would be able to afford all journals in this situation. The article gives excellent statistical information, including charts and grafts depicting the impact that Open Access has on citations, downloads, budgets, and institutional archive growth.

This article explores the benefits of open access publication to scholars and researchers in so much as Open Access will greatly increase their research impact because a ten-fold number of other researchers will be able to review their work. By referring to some of the statistics and information the authors of this article have compiled, I will further list the importance of why pushing publishers toward Open Access or "less astringent copyright practices" is of extreme importance in today's library fields. Undoubtedly, pushing information on why pushing publishers toward O.A. would help library's with their budgets, but also would increase library usage. However, I think it is also important to argue librarians have a duty to further scholarship, showing that O.A. helps facilitate research and increase citations and articles downloads will be an extremely efficient way of doing this.

The above article revolves mostly around the the use of electronic reserves at university libraries and what copyright restrictions apply to the use of E-Res. Also, it discusses various court cases involving copyright and attempts to form a listing of percentages of work that could be used without infringement. By doing this the authors attempt to form a more 'objective' and concrete idea of what constitutes copyright infringement. In addition, the authors argue against using the Copyright Act of 1976 as a guideline for libraries, stating that it does not accurately depict fair use.

This article will be extremely useful to me because it attempts to objective numbers as to where copyright infringement begins and fair use ends. Also, it explains the awareness of copyright law by various individuals who work in and around a library. By using some of the information compiled from this article I intend to show how unlikely it is to expect a librarian to do the calculations and to have a cogent knowledge of what is fair-use and what constitutes infringement. Also, by concurring with this article's authors on the unreliability of the copyright act of 1976 to accurately define fair use for libraries will help to build the credibility of my argument.

This resource aims to address as many legal aspects of copyright infringement that the site's authors deem are most relevant to instruction and libraries. The site acts as a bibliography or index to various topics within coypright right law and links the user to a main source of information on each specific topic. In addition to linking to various topics on copyright law, it also links to legal information on copyright law and how it pertains to libraries and instruction. Under each section and sub-headings are abstracts explaining what is covered under each topic.

The following resource is an invaluable tool for addressing specific copyright concerns of libraries. After researching what each of the concerns are and making note of them, I will then be able to click through to find out more information on each specific topic. Though likely not a comprehensive source of copyright law which specifically affects libraries, it seems to be fairly wide ranging and well written. 

The above articles attempts to comprehensively define Open Access, listing the various iterations of Open Access as it is defined differently by whom is using it. The article then tries to unify the definition of Open Access or at least define Open Access in their own terms. From which point the authors address the goals of the Open Access movement or what is the intended outcome by spporters of Open Access. The author gives a fairly decent job at illuminating some of the struggles toward the adoption of a universal open access policy, but also lists the benefits of a universal Open Access policy. The article gives multiple viewpoints to Open Access (Advocates, Critics, Observers)...

I plan to use this article as an information resource showing what benefits there are to Open Access resources. By using this articles definition of Open Access and mentioning some of its lofty goals for Universal Open Access, I intend to show in my essay what the benefits would be for Librarians to push publishers toward open access by knowing ways "around" copyright. In other words, I will use examples from this article to show what benefits there are for librarians to legally circumvent copyrighted materials and "play dumb" when it comes to copyrighted works.

The above article is a PR address from the Association of American Publishers regarding the infringement lawsuit brought up on Georgia State University by Oxford University Press, Cambridge University Press and SAGE Publications. The document gives the reasons why these three publishers felt it necessary to bring up charges against GSU and why it is important that the copyright they hold over their published works is important (mainly because of the significant funds they spend publishing their works).

 

http://publishers.org/main/PressCenter/documents/GSUlawsuitcomplaint.pdf

 

The above link directs you to the legal complaint in its original form. Using the above legal cliam and the press release to help decipher and guide me through this legal document will help me to better understand why the publishers feel they have been wronged by Georgia State University. The infringements listed by Georgia State University have most assuredly been facilitated by the library/libraries of GSU or at least exacerbated by the library/libraries.

 

I will use the above article as a way of understanding what was it exactly that publishers feel are significant reasons to bring up suit against an entity. By examining the stated reasons for the lawsuit, I could further research as to what could be done to eliminate the possibility of being sued for supplying copyrighted works to students, faculty, and staff by the university library. The above articles will help me to define in my essay what is sufficient cause for a publisher to take up suit against a university / library.

 

Note: Lexis Nexis doesn't give persistent links (or else I am unable to find where they do) in order to retrieve this article simply search for "a lay perspective on the copyright wars" with only the legal box checkmarked and it will be the first result.

 

 

 

In this Lecture, Columbia University's University Librarian, James G. Neal, addresses the current environment of libraries in regards to copyright and open access. Neal's lecture mostly addresses the findings of the 108 Study Group which was formed to research copyright. Neal explains the current state of copyright, the findings of the 108 Study Group, and the framework necessary in order to facilitate a more open environment for publications and libraries. Neal's lecture defines the library as an all encompassing entity which disseminates information, a center for research, a publisher in its own right. Because of the library's role as a center for just about everything scholarly, the library has a vision of embracing legacy as well as current trends. The library is an information repository and a portal to information. Serving so many roles simultaneously makes the library at the forefront of the copyright war.

 

In my essay it will be important to state why it is the duty of the librarian to rebel against copyright in order to push for more open access. Neal helps define the library as the center of the copyright war, the very front of the action. By citing Neal and his 108 Study Group's findings, I will be able to convey the importance of the librarian to stand up against copyright in order to defend the very embodiment and idea of the library itself. Neal's article also gives information on the opninion of librarians and library organizations on the issue of copyright and open access. Using some of this information will help me to define how to faciliate a better enviornment for the sharing of intellectual materials.

 

The following article compares copyright law in so much as it involves document delivery (or Interlibrary loan) in different countries: Australia, Canada, Germany, the United Kingdom, and the United States. The section of the law, deemed most relevant by the author, is listed and an examination of the law is undergone. The author tries to re-explain the word of the law in laymans terms and make it more approachable to the average reader.

I plan on using the following article to get a better understanding of how copyright law differs in western countries and how it affects libraries and their ability to provide free documents to patrons. Using the authors explanations will help me to get a better grasp of "legal-ese," so as to better understand U.S. Law when conducting my own research.

This article elaborates as to what Open Access both is and is not. The author, Leslie Chan, argues that Open Access is not a way of circumventing Copyright, but is an important concept which needs to be adopted by any author who publishes. Chan lists some benefits to scholars, researchers, students, and libraries when adopting open access. One very important contribution to scholarship that has been seldom mentioned is that author's claim that funding for research should dramatically increased when Open Access publishing becomes more prevalent. Chan's argument is that citations, downloads, and intellectual prestige will increase as information becomes free and more easily accessible, giving government organizations and other funding institutions more reason to support researchers and scholar. Chan finally attempts to form an action plan and what steps can be taken to ensure increased open access, including the use of O.A. repositories. 

In my essay I plan to address at least two concepts in Chan's article. First I think it important to at least mention Chan's theory about funding increases for scholars who publish in Open Access resources. This may or may not bring up a discussion where I will try to incite Librarians that it is important for librarians to not only care about library budgets and bringing information to patrons, but also the need for librarians to be facilitators of research. In other words, argue that librarians should feel connected to the scholarly community even if they do not do scholarly research themselves -- librarians should want the scholarly community and scholarly communication to flourish. I do plan on addressing Chan's comment that O.A. is not a way of circumventing copyright. Though I agree O.A. is not a way of circumventing copyright, I will point out that many of the most prestigious publishers are simply not open access. Considering this, I will argue it is important to push copyright publishers toward O.A. publishing.

Several student groups from various institutions and organizations have compiled a statement containing what they believe are every student's rights when it comes to doing scholarly research. This lofty letter or declaration seems to mimic the universal declaration of human rights, except of course this has to do with research. The large majority of this declaration deals specifically with Open Access and how all copyrighted materials should be, or take the form of, Open Access works when it is being used by a student performing research. The main arguments for Open Access regard the benefits toward the advancement of scholarship, the prestige of scholars, and the enrichment of education.

The above article will be used to further the idea of the ideal librarian in the patron's minds. In particular, my essay will address university patron's (students and scholars). Using the Right to Research and citing its declaration will help to define what university students and scholars believe to be their rights when they are conducting research. Libraries are of course heavily relied upon when conducting serious scholarly research, thus the Right to Research doctrine should be something all libraries have in mind as an ideal scenario for their patrons.

U.S. Code Title 17 is the definitive legal resource for the U.S. Laws regardining copyright. This resource has relevant information on what constitutes copyright infringement and what actions are needed to remedy said infringements. 

I will use the above resource as a primary source. This source will help me to define exactly what copyright infringement is according to the law. The above material will help me to define what actions a librarian could take when addressing sensitive copyrighted materials. By knowing the extent of the law I could then determine what are suitable actions to take when coming in contact with something which is questionable -- and in turn what is definitively illegal -- in order to argue for what actions a librarian could take to "push the envelope" on copyright law.