Publications

Letter in support of the comments filed by Public.resources.org concerning "Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities."

ltsunsteinibr-30apr12.pdf

In their motion for partial judgment on the pleadings, Plaintiffs in Authors Guild v. HathiTrust advance a radical and unprecedented interpretation of 17 U.S.C. § 108 that threatens the most routine library operations.

amicus-hathi-trust-20apr12.pdf

We the undersigned organizations urge you to vote "no" on H.R. 3523, the Cyber Intelligence Sharing and Protection Act of 2011 (CISPA). We are gravely concerned that this bill will allow companies that hold very sensitive and personal information to liberally share it with the government, which could then use the information without meaningful oversight for purposes unrelated to cybersecurity.

aclu-coalition-cispa-16apr2012.pdf

fair-use-code-key-articles.pdf

irdw-purdue-visit-april2012-agenda.pdf

Letter from library associations thanking Paul Broun for conducting a hearing on Public Access and Scholarly Publication Interests.

frpaa-broun-29mar2012.pdf

lcdp-institute-march2012-agenda.pdf

ARL Academic Health Sciences Library Statistics 2009–2010 presents data that describe collections, expenditures, personnel, and services in 61 medical libraries at ARL member institutions in the US and Canada.

fair-use-code-faq-libs.pdf

RLI issue 278 includes:

• Leading a Full Life: Reflections on Several Decades of Work, Family, and Accomplishment
• Scenario Planning: Developing a Strategic Agenda for Organizational Alignment
• Bringing Scenario Planning Home to KU
• The ARL Balanced Scorecard Initiative Meets the ARL 2030 Scenarios

The theme of this issue is “transitions”. Whether transitioning from student to professional or from one position of leadership to another, one will always encounter challenges and opportunities that are unexpected and that can reshape one’s view of self and of the profession. Three former ARL Diversity programs participants offer their reflections on what it’s like to transition from one setting to another within the library and information profession, and how their experiences in ARL programs informed their thinking and behaviors as they made those transitions. The issue concludes with a call for applications for the newest diversity recruitment initiative administered by ARL and funded by a generous grant from the Institute of Museum and Library Service (IMLS). This partnership between ARL, the Music Library Association (MLA), and five partner ARL member libraries seeks to recruit students from traditionally underrepresented ethnic and racial minority groups into music and performing arts librarianship.

synergy-issue-8.pdf

Memorandum discussing legal issues in website archiving.

 band-new-day-for-archiving-2.0-23feb12.pdf

Library association letter expressing opposition to H.R. 3699, The Research Works Act.

lt-researchworksact-24jan12.pdf

Flyer discussing the advantages of an approach to determining fair use that is rooted in professional consensus, rather than (for example) negotiating standards with right holders or consulting legal experts.

fair-use-code-academic-research.pdf

The ability to make reasonable "fair use" of copyrighted material is both economically and culturally important to the enterprise of education. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "educational exceptionalism," for which there is no clear basis in U.S. Copyright law. Instead, they should seek to take advantage of current trends in copyright caselaw, including the marked trend toward preferring uses that are "transformative," where the amount of content used is appropriate to the transformative purpose. Over twenty years, we have accumulated considerable information about what constitutes "transformativeness," and members of the education community are well-positioned to provide persuasive narratives explaining how educational uses significantly repurpose and add value to the copyrighted content they incorporate. Published in Law & Literature, Vol. 24 No. 3 (Fall 2012).

jaszi-education-and-fair-use.pdf

Letter from higher education and library associations thanking Representative Doyle for introducing H.R. 4004, "The Federal Research Public Access Act."

oawg-house-frpaa-14feb2012.pdf

Letter from higher education and library associations thanking Senator Cornyn for introducing S. 2096, "'The Federal Research Public Access Act."

oawg-senate-frpaa-14feb2012.pdf

On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union)

golan_summary_06feb12.pdf

Flyer discussing copyright education and academic integrity codes.

Code-brief-copyright-education-2012.pdf

Announcement that of ARL's joint project with the Center for Social Media at American University, and the Program on Information Justice and Intellectual Property in American University's Washington College of Law, to prepare a code of best practices in fair use for academic and research libraries.

fair-use-code-1pager.pdf

Several "official" and formal guidelines that attempt to define the scope of fair use for specific applications—notably for education, research, and library services—have emerged in the years since passage of the Copyright Act of 1976. Although some interested parties and some governmental agencies have welcomed these guidelines, none of them ever has had the force of law. This article analyzes the origins of guidelines, the various governmental documents and court rulings that reference the guidelines, and the substantive content of the guidelines themselves to demonstrate that in fact the guidelines bear little relationship, if any, to the law of fair use.

fair-use-code-crews.pdf

fair-use-code-faq-profs.pdf

fair-use-code-faq-students.pdf

This Note from the Harvard Law Review organizes research on pro-social motivation around the motivation-fostering effects of empowerment, community, and fairness. By incorporating these norms into the cultural architecture of the public domain, we can promote greater information production at less cost than by relying solely on the intellectual property system's traditional tools of exclusion.

fair-use-code-harvard.pdf

Discusses copyright and its problems, why librarians need useable fair use, and the Code of Best Practices in Fair Use for Academic and Research Libraries

fair-use-code-slides-lib.pdf

Discusses why students need to understand fair use, copyright and its problems, how codes of best practices help

fair-use-code-slides-student.pdf

Letter opposing the Research Works Act.

lt-researchworksact-24feb12.pdf

Letter from Government Printing Office responding to concerns about the FDLP's future.

fdlp_shermanemail_23jan12.pdf

8th-leadership-symposium-agenda-jan-2012.pdf

Letter from library directors to Government Printing Office representative regarding a multi-state regional depository proposal advanced by the University of Michigan and University of Minnesota Libraries, and the GPO's position on comprehensive collecting by regional depository libraries.

fdlp_umdumnufl_response_20jan12.pdf