image © Jason PuckettOn 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.
image © Texas TechTexas Tech University has appointed Earnstein Dukes as interim dean of libraries, effective September 1, 2014. Dukes has served as associate dean of libraries at Texas Tech since 2003. She is serving as interim dean while a search is conducted to replace Donald Dyal, who retired on August 29, after 13 years as dean of libraries. For more information about Dukes, see her bio on the Texas Tech website.
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U Maryland College Park, image © Merrill College of JournalismThe College of Information Studies at the University of Maryland, Maryland’s iSchool, announced on August 26, 2014, the formation of an inaugural Advisory Board for the Master of Library Science (MLS) degree program. The board is composed of 17 leaders and students in the information professions who will guide the future development of the iSchool’s MLS program. Two ARL member libraries as well as ARL itself are represented on the advisory board by Tahirah Akbar-Williams, education and information studies librarian, and Pat Steele, dean of libraries, University of Maryland; Paul Wester, chief records officer for the US government, National Archives and Records Administration (NARA); and Sue Baughman, deputy executive director, ARL.
image © York UniversityYork University has appointed Catherine Davidson as interim university librarian, effective July 1, 2014. Davidson, a 2009–2010 ARL Research Library Leadership Fellow, has served as associate university librarian for collections at York since 2004. She is serving as interim while a search is conducted to replace Cynthia Archer, who retired July 1, after 13 years as university librarian at York. For more information about Davidson, see the July 22 YUL News article, “Catherine Davidson Appointed Interim University Librarian.”
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For more than 20 years, the Institute of Museum and Library Services (IMLS) has recognized museums and libraries that make extraordinary contributions to their communities. The National Medal for Museum and Library Service is the US government’s highest honor for exemplary service by these institutions. IMLS is now accepting nominations for the 2015 National Medal for Museum and Library Service. Nomination forms are due October 15, 2014.
All types of nonprofit libraries and library organizations, including academic, research, archives, school, special, library associations, and library consortia, are eligible to receive this honor. Public or private nonprofit museums of any discipline (including art, history, science and technology, children’s, and natural history), as well as historic houses, nature centers, zoos, and botanical gardens, are eligible.
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image © UT AustinOn July 15, 2014, the US Court of Appeals for the Fifth Circuit announced its decision (PDF) in the case of Fisher v. University of Texas [UT] at Austin, a closely watched case challenging UT Austin’s consideration of race as a part of its admission policy. In a 2-1 decision, the Appeals Court found in favor of UT Austin. The majority wrote, “It is equally settled that universities may use race as part of a holistic admissions program where it cannot otherwise achieve diversity.” The court continued, “This interest is compelled by the reality that university education is more the shaping of lives than the filling of heads with facts—the classic assertion of the humanities.”
Circulating Now blog Circulating Now, the blog of the US National Library of Medicine (NLM) History of Medicine Division, celebrated its one-year anniversary on July 1, 2014. Since its launch, Circulating Now has published over 350 posts about the historical collections and associated exhibitions, resources, and activities of the world’s largest biomedical library. The posts have covered a wide range of subjects, from the Nuremberg Chronicle, Andreas Vesalius and De Fabrica, Gene Kelly’s Combat Fatigue Irritability, Florence Nightingale, and a look back at NLM Librarians. The blog has featured stories on President Garfield’s assassination, 50 years of smoking and health, chocolate valentines, and “The Magic in Mold and Dirt,” as well as breaking news about recent acquisitions, exhibitions, research, and discoveries in the collection.
image © ALISEUniversity of Manitoba (UM) has appointed Mary-Jo Romaniuk as university librarian for a five-year term effective October 1, 2014. Romaniuk is currently an adjunct faculty member at the University of Southern California, where she is helping the Marshall School of Business develop a combined library and management program. From 2010 to 2012, Romaniuk served as acting chief librarian at the University of Alberta, where she held positions of increasing responsibility since 1997.
As university librarian at University of Manitoba, Romaniuk succeeds Karen Adams, who retired on June 30, 2014, after six years as university librarian. Donna Breyfogle, associate university librarian at UM, is serving as acting university librarian from July 1 to September 30. For more information about Romaniuk and her appointment, see the July 2 UM announcement, “New Appointments for Dean of Science and University Librarian.”
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Virginia Tech, Newman Libray, image © Eric T. GuntherIn August 2012, the Virginia Tech (VT) University Libraries, in partnership with VT’s Office of the Senior Vice President and Provost and the Office of the Vice President for Research, began subsidizing article-processing fees for Virginia Tech authors publishing in open access journals. Today, the Open Access Subvention Fund continues to help faculty and students publish and disseminate research.
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Copyright for Educators and Librarians Copyright for Educators and Librarians is a new four-week MOOC (massive open online course) designed to provide a basic introduction to US copyright law and to empower teachers and librarians at all grade levels. The course aims to begin to demystify the law and help educators and librarians do their jobs more effectively. The first offering of the MOOC will run July 21–August 18, 2014. The instructors are Kevin Smith of Duke University, Lisa Macklin of Emory University, and Anne Gilliland of the University of North Carolina (UNC) at Chapel Hill.