Optimizing Academic Library Services in the Digital Milieu: Digital Devices and their Emerging Trends

By Brendan Ryan

The digital is the new milieu in which academic libraries must serve their patrons; but how best to utilize the slew of digital devices and their surrounding trends? Optimizing Academic Library Services in the Digital Milieu identifies best practices and strategies for using digital devices (such as tablets, e-readers, and smartphones) and copyrighted materials in academic libraries. Special consideration is given to e-books, iBooks, e-journals, and digital textbooks. This title describes how academic libraries can remain current, nimbly addressing user needs. An introduction gives an overview of technology in academic libraries, including the foundations of copyright law and user behavior in relation to digital content. Three parts then cover: digital rights management (DRM); practical approaches to e-content for librarians; and emerging pedagogy and technology. Finally, the book concludes by telling libraries how to remain agile and adaptable as they navigate the digital milieu.

• Presents a contemporary view on DRM and fair use for librarians in the context of contemporary technology
• Addresses file standards in relation to devices in libraries
• Demonstrates ways that librarians can support and engage students using emerging digital technologies

• Language: English
• Publisher: Elsevier Science
• Release date: Sep 30, 2013
• ISBN: 9781780633985

Brendan Ryan

Brendan Ryan is a Digital Initiatives Librarian at Rhode Island College (RIC). Previously he worked in the Reference department at RIC and in an access services capacity at Providence College. At Providence, Brendan developed a mobile site for the library and presented and published on the topic. The reference position at RIC allowed him to assist students in performing research using digital content in the academy. Presently, his work centers around digitizing and creating ebooks from archival content These practical experiences inform his work, and this book. Brendan holds an MLIS from the University of Rhode Island, USA.

Book preview

education.

Part 1

Rights

Introduction

A thorough understanding of copyright issues relating to digital content is an essential skill librarians must possess if they are to capably assist users in navigating the digital milieu. While matters are still fluid there are certain aspects of copyright law as it pertains to digital content that librarians need to be aware of. The Digital Millennium Copyright Act is at the locus of copyright law at present. A librarian would benefit greatly by understanding and possessing a basic understanding of copyright law and particularly fair use as it is delineated in the 1976 U.S. Copyright Act. A familiarity with these concepts will allow librarians to properly advise patrons. This part will ground readers in these ideas so that they may make better use of the content to follow regarding file formats and evolving services.

1

Copyright basics

Abstract:

An introduction to copyright law in the United States. Copyright law is territorial, and the significance for a global academic community is addressed. An explanation of the concept of fair use and the nature of fair use defense are also given. The criteria mployed by the judiciary system in addressing fair use claims is explored so that scholars may act accordingly. An overview of the public domain as it relates to digital materials is provided. The Creative Commons project and the implications for digital content presently are explored. Readers are apprised of what constitutes copyrightable material.

Key words

copyright

fair use

public domain

Creative Commons

Copyright Term Extension Act

Digital Millennium Copyright Act

Copyright was initially devised to spur creativity. In the United States the legislative involvement in this process stems from Section 8 of the U.S. Constitution, which places the onus on Congress to promote the progress of science and other useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries (U.S. Const. Art. I, §8).

There are two rationales for copyright: the moral rights argument and the economic rights theory. The former carries more weight in Europe and places value in the intangible relation between creator and product. While this line of thinking is present in U.S. discussions of copyright, it is most valued among opponents of copyright law as currently constituted, notably Creative Commons. Copyright law was initially devised to respect both reasonings by giving creators the ability to claim authorship with the economic benefits it would entail while providing them with some legal recourse for the unintended uses of their creation. The last 20 years of law regarding copyright, most conspicuous in the Digital Millennium Copyright Act (DMCA) and the Copyright Term Extension Act (CTEA), placed the priority on economic considerations when assessing copyright matters. The primary considerations when dealing with copyright and law in the U.S. at this time revolve around economics.

The Copyright Extension Act of 1998 was devised to do exactly what the name implies, extend the term of coverage of copyright. There is the fear that this extension is merely a precursor to further extensions that would prolong copyright terms indefinitely. The constitutional clause that grants Congress the ability to prescribe copyright only identifies copyright as guaranteeing rights for a limited term. This prevents Congress from extending rights indefinitely yet they can effectively do so by continuously extending the term.

An element of copyright law that has markedly influenced recent legislation in the U.S. is its territorial character. Use of any work, regardless of point of origin, within the United States is subject to the rules and stipulations expressed in domestic copyright law. As will be identified later in this chapter, the territorial nature of copyright was the main impetus for developing sovereign laws (exemplified by the DMCA) at the end of the twentieth century that aligned with the 1996 World Intellectual Property Organization (WIPO) Copyright Treaty.

Public domain

The public domain is the legal area wherein no permission is needed to draw upon or use (that) work (Lessig, 2004, Content, para. 16). There are two basic ways that work can enter the public domain: the creator forfeits all copyrights or the duration of copyright has expired.

As mentioned earlier, copyright in the U.S. is only supposed to last for a limited term. Once the duration of copyright expires, a work enters the public domain. If a work is still under copyright yet the copyright owner cannot be located or identified it is considered an orphan work. This presents a problem for all individuals seeking to use said works. Often a determination is made not to use the work for fear of economic consequences should the copyright owner seek remuneration. The existence of orphan works often inhibits intellectual freedom and hampers scholarly developments.

An increasingly popular method of placing works in the public domain upon creation involves a Creative Commons license. The Creative Commons project began in 2001 with support from the Center for the Public Domain. In 2002 it released its first set of copyright licenses to the public. These are free and easy-to-use tools that allow people to issue their work without strict copyright constraints. The Creative Commons website has a tool that allows anyone to analyze their preferences regarding copyright and determine what license works for them. Creative Commons does not just provide the legal expertise that allows individuals to make their work available, but also performs advocacy measures on behalf of academia and intellectual freedom in regards to copyright. It endorses the development of an open set of standards concerning science data and sharing. Creative Commons supports the Open Data project, a partnership between a number of publishers and institutions, among them the Massachusetts Institute of Technology Libraries, BioMed Central, and the Public Library of Science (PLoS), to disseminate scientific research.

There are several innovative characteristics present in a Creative Commons license. The structure of the licenses is pragmatic and prescient. Licenses are composed of three layers: legalese, a Commons Deed, and a layer tailored to search engines and software. The first layer, the legal code, is a standard legal document that presents the proper legal language and justifications for operation. The deed provides an explanation of the license and is not unlike the README.txt document enclosed with software. It is meant to properly explain the rights and elements at a level that is easily interpretable by users. The third layer represents an ingenious development. Creative Commons developed a CC Rights Expression Language (REL) to readily announce to software and search engines the copyright status of a work. The idea behind this license was to develop an identifying mark that is easily readable and allows users to take this factor into account when searching for CC-licensed material on Flickr or Google, for example. This should be an extremely positive feature in education as instructors seek to put together their own course texts composed of open educational