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Briefing: Success of Fair Use Codes of Best Practices

Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights?

This topic is discussed at length in Aufderheide and Jaszi, Reclaiming Fair Use (University of Chicago Press, 2011), but some specific examples include:

 
 

Briefing: Copyright Education, Academic Integrity Codes, and Fair Use

Does your university offer intellectual property education to incoming students, or have an academic integrity policy that addresses copyright issues? These are important areas where librarians can be of service in offering balanced information about copyright and fair use.

 
 

Briefing: Demystifying Technical Protection Measures (TPMs) in the Library

The Code of Best Practices in Fair Use for Academic and Research Libraries suggests at various points that librarians consider the use of appropriate “technical protection measures” when making digitized materials available on-line, as a way of bolstering their fair use claims. Many libraries already employ such measures as a risk-management strategy.

 
 

Briefing: The Cost of Conservatism to Academic and Research Librarians’ Mission

When teachers bring Stacey, a librarian at a Midwestern private university, their course materials to upload on the university’s e-reserves system, she always checks to make sure that the course material has not been uploaded before—or at least, not in the last three years. If it’s fresh material, and it’s only a small fraction of the original work, she’s pretty sure that uploading it for the students to study could be considered a “fair use.” If it has been uploaded before, she tries to license the material, or have the professor find a substitute that the professor hasn’t used before. She knows that at some universities, e-reserves policies are more liberal, but her institution can’t afford a legal challenge, so she likes to err on the conservative side. After all, you can’t be too careful.

 
 

Briefing: Accessibility, the Chafee Amendment, and Fair Use

The Fifth Principle in the Code of Best Practices in Fair Use for Academic and Research Libraries is entitled "Reproducing material for use by disabled students, faculty, staff, and other appropriate users." It describes in some detail the circumstances in which making and providing copies of collection materials in formats that are accessible to persons with disabilities constitutes fair use, as well as certain limitations to which that general principle is subject.

 
   

New Roles for New Times: Research Library Services for Graduate Students

The report proposes that the growing number, and heterogeneity, of graduate students and programs presents opportunities for research libraries to provide segmented services targeted for students at different stages of their academic and demographic life-cycle.

Through their interviews, Covert-Vail and Collard found an enthusiasm for a broad range of new services, from advanced data manipulation and visualization to softer skills-based instruction in time management and writer’s block. They also report that new configurations of library space, housing aggregated services into research or scholarly commons, for example, can both create and leverage collaborations within the larger institution.

Finally, the authors present different strategies for staffing graduate student services, from dedicated positions and committees to more loosely structured teams comprising subject liaisons, technologists, data librarians, and others, who work together to deliver a suite of complex solutions to meet the needs of graduate students in research institutions.

 pdf nrnt-grad-roles-20dec12.pdf

 
 

SPEC Kit 333: Art & Artifact Management (December 2012)

SPEC Kit 333 explores the scale and scope of art and artifact materials held by ARL member libraries, which tools and techniques they currently use to manage these collections, including those used by library staff only and those used to make information about these collections available to the public, and if there is evidence of a convergence of library, archive, and museum practices in the management of these collections. It includes collection development policies, guidelines for arranging materials, and examples of how art and artifact collections are described.

This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online SPEC Kit 333 on the ARL Digital Publications website.

 
 

A Rational System for Funding Scholarly Monographs: A White Paper Prepared for the AAU-ARL Task Force on Scholarly Communication

This white paper was commissioned by the Association of American Universities (AAU) and Association of Research Libraries (ARL) joint Task Force on Scholarly Communication to explore the inability of a market model to adequately support research publication based solely on scholarly merit and to identify projects through which AAU-ARL members might constructively intercede. The paper was prepared for the task force in November 2012 by Raym Crow of the Chain Bridge Group.

 pdfaau-arl-white-paper-rational-system-for-funding-scholarly-monographs-2012.pdf

 
 

Report of the ARL Joint Task Force on Services to Patrons with Print Disabilities (Nov. 2, 2012)

Research libraries have a responsibility to make library collections and services universally accessible to their patrons. And as research libraries provide more content electronically to students, faculty members, researchers, and others, the role of libraries and other partners in their institutions and beyond is changing in the provision of information resources and services to patrons with disabilities.

pdf print-disabilities-tfreport02nov12.pdf

 
 

SPEC Kit 332: Organization of Scholarly Communication Services (November 2012)

SPEC Kit 332 explores how research institutions are currently organizing staff to support scholarly communication services, and whether their organizational structures have changed since 2007, when member libraries were surveyed about their scholarly communication education initiative. It covers who leads scholarly communication efforts inside and outside the library, the scholarly communication related services that are offered to researchers, and which staff support those services. It also looks at how the library measures the success of its scholarly communication services, including demonstrable outcomes of these services. It includes position descriptions for library leaders of scholarly communication efforts, charges for SC committees, organization charts, descriptions of SC services, assessment tools, open access policies, and SC resolutions.

This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online SPEC Kit 332 on the ARL Digital Publications website.

 
 

ARL Statistics 2010-2011

This edition of the ARL Statistics describes the collections, staffing, expenditures, and service activities for the 125 members of the Association of Research Libraries (ARL) in fiscal year 2010–2011.

This publication is available for purchase in both online and print versions. Download the arl-statistics-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online ARL Statistics 2010-2011  on the ARL Digital Publications website.

 
 

Issue Brief: Massive Open Online Courses - Legal and Policy Issues for Research Libraries (Oct. 22, 2012)

The advent of Massive Open Online Courses raises serious legal questions that in turn pose important and fundamental policy challenges for research libraries. As universities rush to find ways to add courses to emerging MOOC platforms, research libraries are being asked to take on new responsibilities (or new versions of old responsibilities) to support this new mode of teaching and learning.

pdf issuebrief-mooc-22oct12.pdf

 
 

Hon. Harold Baer, Jr. Decision in Authors Guild v HathiTrust (Oct. 10, 2012)

Before the Court are two motions for judgment on the pleadings and three motions for summary judgment.

pdf hathitrust-decision10oct12.pdf

 
 

Membership Meeting 2012 (Fall): Attendance List

Proceedings of the 161st ARL Membership Meeting, October 2012.

pdf mm12fall-attendance.pdf

 
 

Reply Brief for Petitioner in Kirtsaeng v Wiley

The case of Kirtsaeng v. Wiley & Sons, a case in which the key issue is the proper scope of the "first-sale doctrine" in copyright law. In this case, the first-sale doctrine is being challenged by a publisher who seeks to block re-sale in the US of the cheap editions of textbooks it authorized to be printed and sold abroad.

pdf kirtsaeng-petitionerreplybrief.pdf

 
 

SPEC Kit 331: Changing Role of Senior Administrators (October 2012)

SPEC Kit 331 focuses on the professional, administrative, and management positions that report directly to the library director (or in some ARL member libraries the position that serves as the representative to the association), positions that have not been examined by a SPEC survey since 1984. It explores the responsibilities of these positions, and the skills, qualifications, and competencies necessary for these administrators to successfully lead a transforming 21st century research library. It looks at whether and how position requirements have changed in the past five years, whether the number of direct reports has changed, whether these administrators have assumed new areas of organizational responsibility, and how they acquire the new skills to fulfill those responsibilities. It includes documents that compare organization charts and position descriptions from 2007 and 2012.

This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online SPEC Kit 331 on the ARL Digital Publications website.

 
 

SPEC Kit 330: Library Contribution to Accreditation (September 2012)

SPEC Kit 330 explores the scope of accreditation standards,the data provided by research libraries to meet the requirements of accrediting bodies, and which library staff participate in preparing reports and site visits. The survey results may help libraries identify and understand what standards exist, and how their contributions lead to successful accreditation and reaccreditation for their parent institutions. Additionally, this survey sought to identify how deeply ARL libraries are involved in the accreditation process at the institutional level. As libraries strive to establish their impact and value in higher education, this measure is one way to gauge how institutional leaders perceive their libraries’ contributions. This SPEC Kit includes examples of programmatic and regional accrediting agency reports from respondents and descriptions of the accreditation process.

This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online SPEC Kit 330 on the ARL Digital Publications website.

 
 

Letter to Ron Kirk re: Trans-Pacific Partnership (TPP) Agreement (Aug. 15, 2012)

Letter to Ambassador Ron Kirk, United States Trade Representative, concerning the US proposal for copyright exceptions and limitations in the Trans-Pacific Partnership (TPP) Agreement

pdf ltr-to-kirk-from-lca-re-tpp-15aug2012.pdf

 
   

ARL Annual Salary Survey 2011-2012

This report analyzes salary data for all professional staff working in the 126 ARL member libraries during 2011-2012. Data are reported for 9,910 professional staff in the 115 university libraries and for 4,046 professional staff in the 11 non-university libraries.

This publication is available for purchase in both online and print versions. Download the arl-salary-survey-purchase-options-2013.pdf for complete pricing and purchase options information.

Link to the online ARL Annual Salary Survey 2011-2012 on the ARL Digital Publications website.

 
 

Synergy Issue 9, July 2012

In this issue, Eugenia Kim, 2010 ARL CEP Fellow, recounts her experience working as an intern, providing support for the Data Curation Profiles (DCP) project led by the Purdue University Libraries. Kiyomi Deards, 2009 ARL Diversity Scholar, provides an update on ARL efforts to recruit students from diverse backgrounds into science and technology roles in academic and research libraries. Former LCDP Fellow, Steve Adams, discusses a relatively new but important area of practice and inquiry—the Science of Team Science—and how librarians can and should insinuate themselves into the research process and be vital members of scientific research teams.

pdf synergy-issue-9.pdf

 
 

SPEC Kit 329: Managing Born-Digital Special Collections and Archival Materials (August 2012)

SPEC Kit 329 explores the tools, workflow, and policies special collections and archives staff use to process, manage, and provide access to born-digital materials they collect. It also looks at which staff process and manage born-digital materials and how they acquire the skills they need for these activities, and how libraries have responded to the challenges that managing born-digital materials present. It includes documentation from respondents that describe digital specialists’ job responsibilities, collection policies, gift/purchase agreements, format policies, and workflows.

This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online SPEC Kit 329 on the ARL Digital Publications website.

 
 

Sequestration and Nondefense Discretionary (NDD) Programs Letter (July 12, 2012)

The nearly 3000 undersigned national, state, and local organizations—representing the hundreds of millions of Americans who support and benefit from nondefense discretionary (NDD) programs—strongly urge a balanced approach to deficit reduction that does not include further cuts to NDD programs, which have already done their part to reduce the deficit.

pdf ndd-letter-12july2012.pdf

 
 

Success of Fair Use Codes of Best Practices

Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights? This document describes specific examples of success with using codes of best practice.

pdf fair-use-codes-success.pdf

 
 

Amici Curiae Brief in Support of Kirtsaeng

The Association of Research Libraries (ARL) joined the American Library Association (ALA) and the Association of College and Research Libraries (ACRL), who all work collectively as the Library Copyright Alliance (LCA), to file an amicus curiae brief with the Supreme Court of the United States in support of petitioner Supap Kirtsaeng in the case Kirtsaeng v. Wiley & Sons.

pdf lca-kirtsaeng-brief-3july2012.pdf

 
 

SPEC Kit 328: Collaborative Teaching and Learning Tools (July 2012)

SPEC Kit 328 gathers information about what collaborative teaching and learning tools are currently being offered to users in ARL member libraries. It covers questions on which kinds of tools are offered, how many, and why, where they are located, who may use them, the sources of funding, who provides training and support, and what techniques are used to promote and evaluate the tools. For the purpose of this survey, “collaborative teaching and learning tools” are limited to the equipment, devices, or systems being offered to research library users in a self-service environment including, but not limited to, the following: interactive whiteboards (IWBs, e.g., SMART Board), touchscreen tablet computers (e.g., iPads), classroom/audience response system (e.g., clickers), interactive learning centers (e.g., TouchTables), and Wii gaming systems. This SPEC Kit includes documentation from respondents that describe available equipment and services, loan policies, instructions for using equipment, and materials promoting the services.

This publication is available for purchase in both online and print versions. Download the spec-kit-purchase-options-2013.pdf  for complete pricing and purchase options information.

Link to the online SPEC Kit 328 on the ARL Digital Publications website.

 
 

Research Library Issues, no. 279 (June 2012)

RLI issue 279 includes:

  • Digitization of Special Collections and Archives: Legal and Contractual Issues
  • Model Deed of Gift
  • Model Deed of Gift, including Mixed IP Rights
  • Model Digitization Agreement
  • Copyright Risk Management: Principles and Strategies for Large-Scale Digitization Projects in Special Collections
 
   
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