Three Key Public Policies for Research Libraries: Net Neutrality, Fair Use, Open and Public Access

2010 ◽  
pp. 1-7 ◽  
Author(s):  
Prudence S. Adler
Keyword(s):  
Public Policies ◽  
Fair Use ◽  
Public Access ◽  
Net Neutrality ◽  
Research Libraries

scholarly journals Massive Open Online Courses: Legal and Policy Issues for Research Libraries

2016 ◽  
Author(s):  
Brandon Collins Butler
Keyword(s):  
Open Access ◽  
Online Courses ◽  
Information Policy ◽  
Fair Use ◽  
Massive Open Online Courses ◽  
Equal Access ◽  
Massive Open Online ◽  
Educational Mission ◽  
Policy Issues ◽  
Research Libraries

Massive Open Online Courses (MOOCs) raise significant legal and policy questions for research libraries, which are often asked to support the development of MOOC courses. These questions involve information policy concerns that are central to research libraries, including the proper application of fair use, the transition to open access as the default mode of scholarly publishing, and the provision of equal access to learning materials for students with and without disabilities. Where possible, research libraries should engage in conversations around MOOCs and promote their core values. By doing so, they will also promote the continuing vitality of libraries as partners in the educational mission.

scholarly journals Research Libraries and New Technologies, Promoting Access to Information, Learning, and Innovation for Today and the Future

2017 ◽  
Author(s):  
Krista L. Cox
Keyword(s):  
New Technologies ◽  
Historical Record ◽  
Fair Use ◽  
Research Libraries ◽  
History Of ◽  
Historical Role ◽  
To Come ◽  
Access To Knowledge ◽  
Teaching Learning

The role of libraries today is rooted in their historical mission. At their heart, libraries provide access to knowledge and information. They do so by preserving the cultural and historical record, not only for today, but for generations to come. They support teaching, learning and research by providing access to works, curating collections and ensuring that connections between different materials can be made. Libraries also have a long history of providing physicalspaces for studying, meeting or for exhibitions. They have also provided accessible formats to individuals with print and other disabilities, helping to ensure that everyone can access information. While these activities represent the historical role for libraries, these same endeavors hold true today. Beyond this historic role, libraries today have also evolved to accommodate the new ways of learning that technology has permitted. Ultimately, libraries have adapted to the changing landscape to ensure that they fulfill their missions of preservation and provision of access to knowledge and culture. Through fair use, for example, libraries have been able to adapt to new and emerging technologies.

scholarly journals Net Neutrality and its Implications to Online Learning

2017 ◽  
Vol 18 (6) ◽  
Author(s):  
Lisa C. Yamagata-Lynch ◽  
Deepa R Despande ◽  
Jaewoo Do ◽  
Erin Garty ◽  
Jason M Mastrogiovanni ◽  
...  
Keyword(s):  
Distance Education ◽  
Online Learning ◽  
Research Question ◽  
Analytical Framework ◽  
The United States ◽  
Public Access ◽  
Net Neutrality ◽  
Online Information ◽  
Learner Engagement ◽  
Making Sense

<p class="3">In this article, we studied net neutrality as a complex sociocultural phenomenon that can affect the works of distance education scholars and online learners. We decided to take part in this research because many distance education scholars and learners take net neutrality for granted. We engaged in a qualitative investigation of US public documents and explored the effects of net neutrality and public digital access, which can influence learner engagement with online educational materials. We focused on identifying tensions in the discourse about net neutrality, especially surrounding the Federal Communication Commission’s (FCC) 2015 Open Internet Order. Our research question was: How do the complexities involved in the net neutrality debate in the United States affect public access to online information and services, and what implications does this hold for online learning? We relied on activity systems as an analytical framework for making sense of net neutrality.</p>

scholarly journals Taking Access Seriously

2021 ◽  
Vol 8 (2) ◽  
pp. 225-269
Author(s):  
BJ Ard
Keyword(s):  
Market Failure ◽  
Distinct Type ◽  
Higher Order ◽  
Copyright Law ◽  
Fair Use ◽  
Participatory Culture ◽  
Public Access ◽  
Law And Policy ◽  
The Creation ◽  
Policy Guidance

Copyright is conventionally understood as serving the dual purposes of providing incentives for the creation of new works and access to the resulting works. In most analysis of copyright, however, creation takes priority. When access is considered, it is often in the context of how access relates back to the creation of new works. Largely missing is an account of the value of access on its own terms. So what is the place of access in copyright law and policy? A set of cases dealing with copyright owners’ attempts to enjoin the markets created by new playback and distribution technologies is instructive. These decisions—where the courts refused to enforce copyright where the owners attempted to shut down a market rather than participate in it—have been criticized for their un- clear policy guidance and lack of doctrinal grounding. We can reconcile these cases with copyright policy by focusing on access. These cases provide rich examples showing how expanded access advances copyright’s higher-order goals of promoting a more democratic and participatory culture. Focusing on access also provides a means for bringing doctrinal coherence to these cases through the fair-use defense. The courts permitted the use of copyrighted works in new markets despite the copyright owners’ objections because these markets could expand public access without diminishing the copyright industries’ creative incentives. Indeed, copyright owners often found the markets profitable after being forced to enter them. Copyright owners’ market refusal in these scenarios is a distinct type of market failure, and fair-use doctrine allows courts to correct it.

scholarly journals Academic Special Collections and the Myths of Copyright

2019 ◽  
Vol 3 (3) ◽  
pp. 1-19
Author(s):  
Teresa Auch Schultz ◽  
Dana Miller
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
Fair Use ◽  
Third Party ◽  
Research Libraries ◽  
The Public ◽  
Association Of Research Libraries ◽  
Special Collections ◽  
Policy Statements ◽  
Domain 4

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.

scholarly journals Fair Use and Beyond: The Status of Copyright Limitations and Exceptions in the Commonwealth of Independent States

2004 ◽  
Vol 65 (6) ◽  
pp. 468-504 ◽  
Author(s):  
Janice T. Pilch
Keyword(s):  
Fair Use ◽  
Broad Perspective ◽  
Commonwealth Of Independent States ◽  
Research Libraries ◽  
Copyright Laws ◽  
The Status ◽  
Independent States ◽  
Limitations And Exceptions ◽  
The Individual ◽  
International Conventions

Fair-use and other free-use limitations and exceptions in national copyright laws maintain a balance between the individual interests of creators of works and other copyright holders, and the public interest in fostering a culturally productive exchange of information and ideas. The status of fair use and free use has come into question in recent years, in part by the rapid pace of technological change, which has led to laws favoring new modes of information management. This article discusses fair-use and other copyright limitations and exceptions in an international context and their origins in international conventions, treaties, and agreements. It then offers a comparative analysis of the limitations and exceptions found in the current copyright laws of the twelve nations comprising the Commonwealth of Independent States (CIS), highlighting the range of limitations and exceptions found in the CIS statutes and the differences among the laws of those nations. In the current climate of change in global copyright legislation, this article provides broad perspective in an area that is of increasing relevance to the aims of academic and research libraries internationally.

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