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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

 
 

ARL Liaison Program Heads Invited to Discuss New Roles at ALA Midwinter

Health sciences librarian with medical facultyARL’s Transforming Research Libraries initiative is sponsoring a meeting in conjunction with the upcoming American Library Association (ALA) Midwinter Meeting to convene ARL liaison program directors and continue the conversation around new roles for liaison librarians. The meeting will be led by Francine DeFranco, director of library research services at University of Connecticut, and Rita Vine, head of faculty and student engagement at University of Toronto.

 
 

LibQUAL+® to Launch Improvements in 2014—Register Now

map of LibQUAL+ countriesCountries of LibQUAL+ interactive mapARL invites libraries to join the global assessment community of LibQUAL+ by registering for the 2014 LibQUAL+ survey, which will feature several enhancements.

When the LibQUAL+ survey year opens in January, the team will introduce a mobile version of the survey. LibQUAL+ survey respondents will be automatically directed to the appropriate version of the survey based on the width of their browser window, so libraries will not need to distribute multiple survey URLs. The survey platform will also generate QR codes to use in promoting the mobile version.

 
 

Mainstreaming Special Collections: ARL Releases RLI 283

toy car from Syracuse University special collectionsToy sedan from Syracuse University Libraries (SUL) Plastics Collection, image © SULARL has published Research Library Issues (RLI) no. 283, a special issue on aligning, integrating, and mainstreaming special collections into broader library operations, guest edited by ARL visiting program officer Lisa Carter of the Ohio State University.

This issue of RLI includes six case studies from ARL member libraries that are incorporating special collections more holistically into library initiatives. The cases were selected by the ARL Working Group on Transforming Special Collections in the Digital Age after issuing a call for proposals in 2012. In an introduction to the issue, Lisa Carter provides an overview of themes that emerged from the case study submissions and she identifies areas for further investigation.

 
 

Research Library Issues, no. 283 (2013): Special Issue on Mainstreaming Special Collections

Research Library Issues (RLI) no. 283 is a special issue on aligning, integrating, and mainstreaming special collections into broader library operations, guest edited by ARL visiting program officer Lisa Carter of the Ohio State University.

RLI 283 includes:

 
 

Northumbria Conference Presentations on Library Service Quality Featured on LibQUAL+® Website

image © Mark DavisService quality issues were the focus of a series of papers and workshop activities at the 10th Northumbria International Conference on Performance Measurement in Libraries and Information Services, held July 22–25, 2013, in York, England. Slides from these presentations are now available on the LibQUAL+ website.

 
 

SPEC Kit 336: Responsible Conduct of Research Training (September 2013)

SPEC Kit 336 explores research libraries’ participation in institutional efforts to train faculty, staff, students, and other researchers in the principles of responsible conduct of research (RCR) and ethical research practices. The survey includes questions on the institution’s training activities, on training roles currently undertaken by librarians, and on librarians’ willingness to expand instruction into the arena of responsible conduct of research. The SPEC Kit includes examples of RCR websites, citation management guides, and RCR workshop and tutorial materials, and information about academic integrity and plagiarism, using copyrighted materials, data management, and research animal welfare.

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 336 on the ARL Digital Publications website.

 
 

Responsible Conduct of Research Training, SPEC Kit 336, Published by ARL

ARL has published Responsible Conduct of Research Training, SPEC Kit 336, which examines research libraries’ participation in institutional efforts to train faculty, staff, students, and other researchers in the principles of responsible conduct of research (RCR) and ethical research practices. The survey includes questions on the institution’s training activities, on training roles currently undertaken by librarians, and on librarians’ willingness to expand instruction into the arena of responsible conduct of research.

 
 

Webcast for New Roles for New Times: Transforming Liaison Roles in Research Libraries

Health sciences librarian with medical facultyARL is offering a free webcast to further explore Transforming Liaison Roles in Research Libraries, the third report in the New Roles for New Times series. This series highlights the transformation of the library workforce to address new challenges for research libraries in serving 21st-century students, educators, schools, and researchers. The latest report proposes that evolving research library environments—including shifting technology, student learning, and scholarly practices—call for a fresh look into the role of research library liaisons.

 
 

LibQUAL+® Workshop in Atlanta Oct. 22–23: Registration Deadline Extended

image © Rick AustinRegister by October 11 for the ARL workshop, “Using LibQUAL+ Effectively and Strategically,” to be held October 22–23, 2013, in conjunction with the Southeastern Library Assessment Conference in Atlanta, Georgia. This workshop about acting on LibQUAL+ survey results will be led by Martha Kyrillidou, ARL director of statistics and service quality programs; Lisa Hinchliffe, professor at the University of Illinois at Urbana-Champaign; and Raynna Bowlby, ARL consultant.

 
 

New Roles for New Times: Transforming Liaison Roles in Research Libraries

This report by Janice M. Jaguszewski, University of Minnesota Libraries, and Karen Williams, University of Arizona Libraries presents findings from interviews and other research into current trends in liaison librarianship, surfacing several challenges to the established, overarching liaison structure. This is the third report in the New Roles for New Times series.

pdf NRNT-Liaison-Roles-final.pdf

 
 

New Roles for New Times: ARL Publishes Report on Transforming Liaison Roles in Research Libraries

U Minnesota health sciences librarian Jonathan Koffel with medical facultyARL today released Transforming Liaison Roles in Research Libraries, the third report in the New Roles for New Times series. This series highlights the transformation of the library workforce to address new challenges for research libraries in serving 21st-century students, educators, schools, and researchers.

The new report, written by Janice M. Jaguszewski from University of Minnesota Libraries and Karen Williams from University of Arizona Libraries, presents findings from interviews and other research into current trends in liaison librarianship, surfacing several challenges to the established, overarching liaison structure.

 
 

LibQUAL+® 2014 Registration Now Open: Join the Global Assessment Community

Countries of LibQUAL+ interactive mapARL invites libraries to join the global assessment community of LibQUAL+ by registering for the 2014 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.

 
 

Digital Image Collections and Services, SPEC Kit 335, Published by ARL

ARL has published Digital Image Collections and Services, SPEC Kit 335, which examines how research libraries and their parent institutions have responded to the transition from analog to digital images and the growth of digital images available from commercial vendors and/or created within institutions or their libraries. The survey gathers information about current practices relating to the development and management of institutional digital image collections and the acquisition and use of licensed image databases.

 
 

SPEC Kit 335: Digital Image Collections and Services (August 2013)

SPEC Kit 335 examines how research libraries and their parent institutions have responded to the transition from analog to digital images and the growth of digital images available from commercial vendors and/or created within institutions or their libraries. The survey gathers information about current practices relating to the development and management of institutional digital image collections and the acquisition and use of licensed image databases. It explores the infrastructure and support provided by research libraries and/or their institutions for the creation and use of digital images in teaching, learning, and research, including systems and platforms, cataloging and metadata, access and training, services and service points, and copyright and other rights issues. It also identifies collaborative strategies among ARL member institutions for providing digital images. The SPEC Kit includes examples of digital image collection websites, finding aids, image use training materials, copyright and use rights policies, selection policies, descriptions of digital image service points, and digital collection promotional materials.

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 335 on the ARL Digital Publications website.

 
 

SPEC Kit 334: Research Data Management Services (July 2013)

SPEC Kit 334 surveys ARL member libraries on their activities related to access, management, and archiving of research data at their institutions. The survey explores the organization of research data management services (including a few questions on broader data support services), how they are staffed and funded, and what services they offer and to whom, among other questions. It includes examples of research data policies, data retention policies, data management plan tools, job descriptions, data needs assessment tools, data archive web pages, and staff 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 334 on the ARL Digital Publications website.

 
 

ARL Releases RLI 282 on Library Budgets, Journal Bundles, Reference Staffing

rli282-coverARL has published Research Library Issues (RLI) no. 282, which features articles on ARL library budgets over the past two years, subscriptions to journal collections from large publishers, and the impact of the changing roles of librarians on reference staffing. A pre-publication version of the article about journal bundles was released earlier this year.

The complete table of contents with links to the articles follows:

 
   

Research Library Issues, no. 281 (Dec. 2012): Special Issue on Services to Patrons with Print Disabilities

rli281-coverThe ARL Joint Task Force on Services to Patrons with Print Disabilities released this report to bring much-needed attention to the challenges of print-disabled individuals who are seeking access to both print and digital library products and services. The report contains recommendations for research libraries to make information accessible to their full range of diverse users equitably. ARL believes that research libraries are poised to provide critical direction—along with academic leadership, IT, and disability services—on the service and technology planning, procurement, and licensing necessary to create a fully accessible information environment.

RLI issue 281 includes:

 
   

Methods for Aligning HR into Institutional Goals

Brinley Franklin, Vice Provost, University Libraries, University of Connecticut

Vivian Lewis, Acting University Librarian, McMaster University

Elizabeth Mengel, Associate Director for Scholarly Resources and Special Collections, the Sheridan Libraries, Johns Hopkins University

pdf 2012-hrsym-pres-franklin-lewis-mengel.pdf

 
 
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