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Georgia State University E-Reserves Case: Eleventh Circuit Endorses Flexible Approach to Fair Use

Georgia State University LibraryGSU Library
image © Jason Puckett
On Friday, October 17, 2014, the US Court of Appeals for the Eleventh Circuit issued its ruling in the Georgia State University (GSU) case concerning the use of excerpts of academic books for electronic course reserves. The Eleventh Circuit reversed and remanded the decision to the district court. In doing so, the court upheld the importance of the flexible application of fair use. Importantly, the Eleventh Circuit did not rule on whether each of the uses by GSU were fair uses or not, but instead found fault with the district court’s methodology, which used bright-line rules and an arithmetic approach (i.e., if three of the four factors favor fair use, then the use is fair). Assuming that litigation goes forward rather than the case being settled, the district court will need to revisit its fair use analysis, but could potentially again find that GSU’s uses were fair use for most of the works at issue.

For a more detailed analysis of the October 17 ruling, see “In Georgia State University E-Reserves Case, Eleventh Circuit Endorses Flexible Approach to Fair Use,” on the ARL Policy Notes blog.

 
 

Library Support for Faculty/Researcher Publishing, SPEC Kit 343, Published by ARL

spec-kit-343-coverLibrary Support for Faculty/Researcher PublishingARL has released Library Support for Faculty/Researcher Publishing, SPEC Kit 343, which explores ARL member libraries’ activities related to support of faculty and researcher publishing of scholarly works. The publication investigates the level and variety of services ARL libraries are providing to support, facilitate, and participate in the publishing activities of the faculty and researchers they serve, whether through the re-framing of existing traditional library services or the development of new services.

 
 

SPEC Kit 343: Library Support for Faculty?Researcher Publishing (October 2014)

By actively participating in the research and writing process, librarians can use their subject expertise to develop new roles for themselves and devise new modes of contributing to the scholarly communication cycle. This SPEC Kit explores ARL member libraries’ activities related to support of faculty and researcher publishing of scholarly works. It investigates the level and variety of services ARL libraries are providing to support, facilitate, and participate in the publishing activities of the faculty and researchers they serve, whether through the re-framing of existing traditional library services or the development of new services.

This SPEC Kit includes examples of publishing services offered by libraries, events that showcase faculty research and promote authors, author’s rights information, library support for repository deposits and public access policy compliance, author addenda, open access policies, and job descriptions.

Download the spec-kit-purchase-options-2014.pdf for complete pricing and purchase options information.

Link to the online SPEC Kit 343 on the ARL Digital Publications website.

 
 

SPEC Kit 342: Next-Gen Learning Spaces (September 2014)

This SPEC Kit explores the configuration and uses of learning spaces in ARL libraries, the developments and transformations that have occurred over the past 10 years, and future plans for learning spaces to determine where they are on a continuum between first-generation information commons and “next-gen” spaces. The publication covers five main areas related to learning spaces:
  • What kinds of learning spaces currently exist
  • How these spaces have changed since their inception
  • Effects these spaces have had on other library operations
  • Instruction, programming, and collaboration that take place in the learning spaces
  • Current assessment methods for learning spaces and changes that have been made or are planned based on the results of these evaluations

This SPEC Kit includes examples of learning spaces and instruction spaces; floor plans and maps; marketing for spaces, programs, and instruction; space-use policies and procedures; job descriptions and organization charts; and planning and assessment documents.This publication is available for purchase in both print and online versions.

Download the spec-kit-purchase-options-2014.pdf for complete pricing and purchase options information.

Link to the online SPEC Kit 342 on the ARL Digital Publications website.

 
 

Open Source Software, SPEC Kit 340, Published by ARL

spec-kit-340-coverOpen Source SoftwareARL has released Open Source Software, SPEC Kit 340, which investigates ARL member libraries’ adoption and/or development of open source software (OSS) for functions such as integrated library system (ILS), discovery layer, electronic resource management, interlibrary loan, digital asset management, institutional repository, course reserve, streaming media, study room scheduler, digital preservation, publishing, floor maps, data warehouse, or other library-related purposes. This SPEC Kit explores research libraries’ policies and practices on open sourcing their code, the frequency with which research libraries contribute to open source projects, whether research libraries are reluctant to make their code openly available, and the most common benefits and challenges encountered when research libraries open source their code.

 
 

SPEC Kit 340: Open Source Software (July 2014)

This SPEC Kit investigated ARL member libraries’ adoption and/or development of open source software (OSS) for functions such as ILS, discovery layer, electronic resource management, inter-library loan, digital asset management, institutional repository, course reserve, streaming media, study room scheduler, digital preservation, publishing, floor maps, data warehouse, or other library-related purposes. It explored research libraries’ policies and practices on open sourcing their code; the frequency with which research libraries contribute to open source projects; whether research libraries are reluctant to make their code openly available; and the most common benefits and challenges encountered when research libraries open source their code. This SPEC Kit includes examples of OSS contributor agreements, licenses, copyright notices, job descriptions, and organization charts.

This publication is available for purchase in both print and online versions. Download the spec-kit-purchase-options-2014.pdf for complete pricing and purchase options information.

Link to the online SPEC Kit 340 on the ARL Digital Publications website.

 
 

LibQUAL+® Awards In-Kind Grants to Two Libraries for 2014 Survey

libqual-logoLibQUAL+®LibQUAL+ is pleased to announce that Mzumbe University and the San Diego Law Library are receiving in-kind grants in 2014. The selection of grantees was based on financial need, contribution to the growth of LibQUAL+, and potential for surfacing best practices in the area of library service improvements.

 
 

LibQUAL+® 2015 Registration Now Open: Join the Global Assessment Community

countries-of-libqual-mapCountries of LibQUAL+ARL invites libraries to join the global assessment community of LibQUAL+ by registering for the 2015 LibQUAL+ survey.

LibQUAL+ is a suite of services that libraries use to solicit, track, understand, and act upon users’ opinions of service quality. The program’s centerpiece is a rigorously tested web survey paired with training that helps libraries assess and improve library services, change organizational culture, and market the library.

 
 

SPEC Kit 338: Library Management of Disciplinary Repositories (November 2013)

This SPEC Kit examines the ways in which research libraries are involved in the administration of disciplinary repositories. It explores the disciplinary scope of the repository, collection policies, funding models, assessment practices, and staffing, among other information. The SPEC Kit presents case studies of 12 disciplinary repositories that are managed entirely or in part by a library and includes examples of web pages for each one that describe the repository content, features, policies, organizational structure, and how to submit resources

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

Link to the online SPEC Kit 338 on the ARL Digital Publications website.

 
 

ARL to Host Events at ALA Midwinter Meeting 2014

independence-hall-philadelphia-george-washington-statueimage © Wally GobetzARL, LibQUAL+®, and SPARC are offering several events at the American Library Association (ALA) Midwinter Meeting to be held in Philadelphia next month. Highlights include: 

ARL Annual Leadership Symposium (invitation only)
Thursday, January 23, 4:00 p.m.–Sunday, January 26, 3:00 p.m.
Four Seasons Hotel

 
 
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