Kevin L. Smith
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Library Experts Weigh in On Next Register of Copyrights
In the wake of the October 29 resignation of Maria Pallante, the former Register of Copyrights, the Library of Congress (LC) has put out a call to the public for input on the expertise needed by the next Register of Copyrights. (On January 17, Pallante will join the Association of American Publishers as president and CEO). The survey, posted on the LC website on December 16, invites the public to answer a series of questions about the knowledge, skills, abilities, and priorities that the incoming Register should possess.
Librarians’ Picks | Library by Design, Fall 2016
Librarians who have recently completed building projects are eager to share their choices for design that raises the bar above the expected.
Intersections, Frames, and Lines | Peer to Peer Review
So many ideas can be sparked by coincidental juxtaposition. In the past few weeks, I have been thinking about the intersections between scholarly communications and information literacy. This was largely because I was part of a panel at the Association of College and Research Libraries (ACRL) Conference about the task force charged with implementing the 2013 White Paper on the topic. My specific task was to discuss how the new Framework for Information Literacy for Higher Education illuminated the approach we called for in the white paper. On top of these concerns came the Blurred Lines copyright case, which was all over the media in the past few weeks, and about which I have been asked my opinion repeatedly. Can these different strands be woven into a coherent idea?
PREMIUM
Owning and Using Scholarship: An IP Handbook for Teachers and Researchers
A fantastic intellectual property law resource for librarians and teachers at all levels.
Negotiating Librarianship | Peer to Peer Review
Every year I do a short presentation about negotiation during the course I co-teach with my colleague Will Cross on legal issues for librarians at the University of North Carolina School of Information and Library Science. And every year, that presentation elicits a large number of questions and exposes considerable anxiety amongst these new librarians about negotiating, first on their own behalf as they seek employment, and then as negotiation becomes a regular part of their professional lives. I also recently had a conversation with seasoned librarians about license principles and how to use them in negotiations, and detected some of the same hesitations I later saw in students.
Can We Strengthen Our Fragile Public Domain? | Peer to Peer Review
Each year the copyright community celebrates January 1 as “Public Domain Day.” That is because a convenient fiction included in most nations’ copyright laws says that if a work’s term of protection expired during the previous year, it officially enters the public domain on the following January 1st. Instead of having to figure out the exact day of an author’s death, and having different works enter the public domain each day, we just save them all up, so that all the works whose term expired in 2014 (i.e., all works whose authors died 70 years earlier, in 1944) entered the public domain on New Year’s Day 2015. At least, they did in most other countries, but not in the U.S.
Copyright Incentives in the GSU Appeals Court Ruling | Peer to Peer Review
The word “incentive” appears ten times in the ruling issued last month by the Eleventh Circuit Court of Appeals in the Georgia State University (GSU) copyright infringement case, but it is slightly unclear in this rather odd opinion just who is the object of the incentive created by copyright. In seven of those ten instances, the incentive is clearly intended to benefit the author. But there are three sentences at the very end of the majority opinion (the other three uses of the word) where the court seems to interrupt its analysis to state that the incentive belongs to publishers, not authors. It is, I think, worth parsing this apparent contradiction in order to guess at how the trial court might think about incentives on remand.
Lessons from Swets: Libraries Need Subscription Security | Peer to Peer Review
I participated in a series of meetings last week to determine how the Duke Libraries would respond to the bankruptcy filing made by subscription agent Swets. We have been through this before, when Faxon/RoweCom failed, and many libraries lost a lot of money. Unfortunately, more money is going to be lost this time around. Perhaps it is time for us to think about how we got into this situation——and how to make sure we never end up back here again.
Hard Cases Make Bad Law | Peer to Peer Review
The legal adage that hard cases make bad law apparently has deep roots in English common law, and it was cited in a Supreme Court decision by no less a Justice than Oliver Wendell Holmes, Jr. Its applicability has been disputed over the years, but in recent weeks we have seen the truth of the maxim illustrated in some copyright debates. Colleagues have recently sent me two different stories where the extremes of copyright law are in play—hard cases, I suppose. Both offer confirmation that when the facts are really well outside the realm of normal expectations, people can draw very bad legal conclusions. But both also offer opportunities to remind ourselves of fundamental truths about law, journalism, and copyright.
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