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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.

 
 

Videos Show Value of Code of Best Practices in Fair Use

greg-cram-fair-use-code-videoGreg Cram on NYPL’s use of the CodeToday, October 21, 2014, ARL released three videos on the Code of Best Practices in Fair Use for Academic and Research Libraries, a clear and easy-to-use statement of reasonable approaches to fair use of copyrighted material, developed by and for librarians who support academic inquiry and higher education. With generous support from The Andrew W. Mellon Foundation, the new videos capture how the Code has assisted many communities by providing helpful guidance about the scope of best practice when fair use comes into play.

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SHARE Director Tyler Walters Speaks with Library Journal

tyler-waltersTyler Walters,
image © Virginia Tech
Library Journal (LJ) recently interviewed Tyler Walters, dean of university libraries at Virginia Tech, on the beginning of his two-year appointment as the founding director of SHARE. SHARE, which stands for SHared Access Research Ecosystem, is a collaborative initiative of the Association of Research Libraries (ARL), the Association of American Universities (AAU), and the Association of Public and Land-grant Universities (APLU), who established SHARE in 2013 to help maximize the benefits of research to science and society. The LJ interview covers SHARE’s origins and mission; the initiative’s current status and planned development; potential metrics; the roles of ARL, AAU, and APLU; SHARE’s relationship to CHORUS; challenges SHARE faces; and the outlook for buy-in on the part of potential users and researchers.

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Katya Pereyaslavska Named ARL Visiting Program Officer for Accessibility and Universal Design

Katya PereyaslavskaKatya PereyaslavskaARL has appointed Katya Pereyaslavska as a visiting program officer (VPO) for accessibility and universal design, effective October 1, 2014. Pereyaslavska is the Scholars Portal Accessibility Librarian at the Ontario Council of University Libraries (OCUL) and the University of Toronto Libraries (UTL), a position she has held for two years. She has worked in other capacities at UTL since 2009.

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ARL Fall Forum on Scholarly Monograph Featured in Inside Higher Ed

open-hardcover-bookimage © Horia VarlanOn October 9, ARL hosted its Fall Forum 2014, “Wanted Dead or Alive—The Scholarly Monograph,” convened by Brian E. C. Schottlaender, the Audrey Geisel university librarian at University of California, San Diego, and ARL president Deborah Jakubs, the Rita DiGiallonardo Holloway university librarian and vice provost for library affairs at Duke University. The forum was covered by Colleen Flaherty in Inside Higher Ed the next day.

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Infographic Shows How Libraries Are Champions for Academic Freedom and Balanced Copyright

infographic-academic-freedom-balanced-copyright-2014-croppedView/download the full infographic Today, October 10, 2014, ARL released a new infographic that tells the story of how libraries are champions for academic freedom and balanced copyright policies. The infographic explains the threat of unbalanced copyright to academic freedoms, including the freedom to research, to teach and learn, and to publish.

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ARL Board of Directors 2014–2015 Elected by ARL Membership

Deborah JakubsDeborah Jakubs,
ARL president,
image © Duke University
Deborah Jakubs, the Rita DiGiallonardo Holloway university librarian and vice provost for library affairs at Duke University, began a one-year term as president of the Association of Research Libraries (ARL) on Wednesday, October 8, 2014, during the ARL Membership Meeting in Washington, DC. Jakubs succeeds Carol Pitts Diedrichs, vice provost and director of university libraries, the Ohio State University, as ARL president. Diedrichs continues to serve as a member of both the ARL Board of Directors and the ARL Executive Committee as past president.

Also on October 8, the ARL membership ratified the Board’s election of Larry Alford, chief librarian at the University of Toronto, as ARL vice president/president-elect.

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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.

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Tyler Walters Appointed SHARE Director

Tyler WaltersTyler Walters,
image © Virginia Tech
Tyler Walters, dean of university libraries at Virginia Tech, has been named SHARE’s founding director, beginning on October 13, 2014. Walters has been involved integrally in SHARE since its inception, serving as co-chair of the SHARE steering group for the past year. The directorship is a two-year term appointment, during which Walters will continue to serve as dean of libraries at Virginia Tech.

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Carlette Washington-Hoagland Named ARL Visiting Program Officer for Diversity and Leadership

carlette-washington-hoaglandCarlette Washington-HoaglandARL has appointed Carlette Washington-Hoagland as a visiting program officer (VPO) for diversity and leadership programs, effective today, October 1, 2014. Washington-Hoagland will take the lead in managing the assessment of the ARL Leadership and Career Development Program (LCDP), will organize a review of ARL mentor programs to inform component enhancements, will contribute to the planning of the annual ARL Leadership Symposium, and will support other research projects and programs as needed.

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