Campus Copyright Campus Copyright Support from a Support from a University Library University Library

Chris LeBeauCindy Thompson

University of Missouri-Kansas City

November 4, 2011Brick and Click Libraries

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An Idea is BornAn Idea is Born• Fall 2009 Mid-America Association of Law

Libraries meeting in Columbia, MO

• Kevin Smith, Duke University, Director of Scholarly Communications, conference workshop

• Participation by librarians from all 4 UM campuses plus faculty and IS staff

• Decision that UMKC would test a copyright support model and share with other campuses

• Partnership with IS and faculty to create a model based on perceived needs

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Why the Libraries?Why the Libraries?

UMKC Libraries have always dealt with some aspects of copyright (ILL, reserves, preservation)

Libraries tend to be interested in sharing of information and emphasis on intellectual property

Public service philosophy – we want to answer the questions we receive

We own a lot of the material people want to use

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Identification of Identification of Copyright Support IssuesCopyright Support Issues

Limited legal counsel support from the UM System IS noting potential copyright abuse in Blackboard

materials Library noting a decrease in online reserve submissions Expansion of online courses and lack of understanding

about the TEACH act

Linking to online resources Faculty posting materials on open Web sites Questions about fair use of media materials Inconsistent policies, procedures, and forms for copyright

compliance across the university No recognized campus expertise Difficulty in reaching out to all faculty in 11 schools and

on 2 campuses

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Creating the Support Creating the Support ModelModel

• The initial plan:• Identify interested and knowledgeable

librarians to serve on a small support team

• Engage staff from the Faculty Center for Excellence in Teaching and Information Services in a planning process

• Create a comprehensive LibGuide as an online resource for faculty to refer to, particularly for course materials

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Creating the Support Creating the Support ModelModel

• Getting our start:• Gather all UM System, UMKC, IS, Library and

other policies, guidelines and forms pertaining to copyright and permissions for Kevin Smith’s review.

• Creation of Copyright Advocates from academic units.

• Creation of a UMKC Copyright email distribution list for submission of copyright related questions

• Plan a co-sponsored workshop for Fall 2010 with Kevin Smith retained for a full day of consultation

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Creating the Support Creating the Support ModelModel

Held a half day symposium for faculty with Kevin Smith◦We compiled all documents re copyright

for Kevin’s review.◦Kevin reviewed CRR and advised us with

suggested changes◦Productive meeting with support team

discussing safe lines in answering questions. Advised library on organizational, legal and

procedural matters Kevin met with our advocates giving an

overview - Kevin ignited an interest in the reluctant advocates.

Held a public campus workshop for faculty2011 Brick and Click Libraries, Maryville, MO 7

Copyright Support Copyright Support TeamTeam

• Normal model – copyright guru

• 7 librarians from University Libraries and Law Library.

• Involvement from law librarians, music, interlibrary loan, librarian with a joint appointment at the library school, and administration

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Copyright Support Copyright Support TeamTeam

• Provide educational and training opportunities for faculty to better understand fair use and copyright compliance, particularly as it pertains to the use of copyrighted material for classroom instruction

• Provide expertise on campus regarding fair use and copyright to provide general guidance for faculty, including guidance on when to consult with the university’s legal counsel. No legal advice given.

• Provide a communication structure for faculty to use to ask questions and receive updates on issues or new developments

• Provide online resources and other documentation for faculty and students to consult

Members often share questions on email received individually before crafting a response. Turn around time is

rapid. 2011 Brick and Click Libraries, Maryville, MO 9

Copyright AdvocatesCopyright Advocates A copyright advocate is a faculty member who agrees to

serve in an important support position within their school, college or department.

Copyright advocates serve as links between their faculty colleagues and the Copyright Support Team. They provide an invaluable role in serving as a first point of contact for faculty questions and issues, referring those on to the copyright support team.

Advocates are not expected to enforce copyright compliance, nor are they expected to be “experts” on copyright law. Advocates should never give legal advice.  

Suggestions to Faculty Center for Excellence in Teaching and the University Libraries are welcome from advocates for workshops and programs on copyright topics.  Advocates will help promote such events to their colleagues.

Liaison librarians are all included in the advocate communications to keep them involved and informed of these issues

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Faculty

Advocates

Copyright Support Team

UM Legal Counsel

AdvocatesAdvocates Advocates

Faculty FacultyFaculty

Faculty

Faculty

Faculty

Faculty

Faculty

FacultyFaculty

Faculty

Faculty

Faculty

Faculty

Faculty

The Support Structure

Educational Copyright Educational Copyright Programs and ResourcesPrograms and Resources

The Copyright Support Team provides

• Annual workshops • 2010—Fair Use with Kevin Smith, Duke University,

speaking• 2011—Fair Use of materials in Blackboard

• Smaller presentations• Dental School workshop• IS staff presentations (2 to date)• Copyright Advocates annual meeting

• Webinars co-sponsored by FaCET and the Libraries open to faculty and/or library staff

• Copyright LibGuide: http://libguides.library.umkc.edu/copyright

• Institutional membership to the Center for Intellectual Property

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LibGuideLibGuide

http://libguides.library.umkc.edu/copyright http://library.umkc.edu/copyright

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Problems with University Problems with University System RegulationsSystem Regulations

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Problems with University Problems with University System RegulationsSystem Regulations

• Reference to the 1976 “Classroom Guidelines” in Collected Rules and Regulations - dated

• TEACH Act - Need for Guidance◦ Conversion from Analog to Electronic◦ Amount of Material Transmitted◦ Non-dramatic v. Other Works ◦ Issues for Streaming

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University System University System RegulationsRegulations

DMCA◦ No mention of Rulemaking Exemptions

No mention of other standards◦ Guidelines for Educational Uses of Music◦ CONTU Guidelines on Photocopying Under

Interlibrary Loan Arrangements

Need recognition of role of Licensing

Need recognition of “Best Practices”

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Classroom GuidelinesClassroom Guidelines

Many universities no longer use.◦ Duke

http://library.duke.edu/about/depts/scholcomm/copyright-and-fair-use.pdf

◦ University of California http://www.universityofcalifornia.edu/copyright/fairuse.html

◦ Georgia State http://www.usg.edu/copyright

Georgia State plaintiffs seek to enforce Classroom Guidelines

See also ALA Copyright Articles, Daniel Lee, Fair Use and Guidelines, ALA.

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Best PracticesBest Practices

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ChecklistsChecklists

University of Texas TEACH ACT Checklist

Columbia University Fair Use Checklist (PDF)

ALA Office for Information Technology Policy

Columbia University TEACH Act Checklist (PDF)

Handling knotty Handling knotty questionsquestions

Questions to Support Team Members◦ Is the answer obvious?◦ Are alternatives available?◦ Does the Copyright Guide have clear guidance?

If Unsure?◦ Forward to colleagues on Support Team◦ Arrive at consensus and respond to faculty◦ Or Forward to Legal Counsel in Columbia if

necessary

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Questions Faculty AskQuestions Faculty AskCan I put database articles on Blackboard?

How much can I put on Blackboard /Moodle?

Can I have this VHS digitized and uploaded to Blackboard/Moodle?

Can I scan chapters from an out-of-print textbook and e-mail it to my students?

Can I show foreign films to 10 groups of high school students coming to campus for a film festival day organized by the foreign language faculty?

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Questions Faculty AskQuestions Faculty Ask Do we need permission to copy database articles for

coursepacks for a course taught by UMKC faculty to a cohort group of employees at a local business held on their premises and who are not enrolled through the Registrar?

Dental faculty wanted to know whether they needed permission to use articles and images for CEU classes they teach in a distance ed situation. Students are not officially enrolled at UMKC.

Law faculty also teach CEU classes for lawyers.

So, what constitutes a student?

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Questions Faculty AskQuestions Faculty Ask

Can I show YouTube in class?

How about Netflix?

Oxford Art Online images?

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OptionsOptionsHave your options handy!Refer questions up to legal counsel if

needed.Make it easy for faculty to link to electronic

subscription resources.◦ Provide a primer on creating those links with your proxy

server information.◦ Offer to provide the link for them.

Partner with faculty on Blackboard.

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Strengths of a Team Strengths of a Team ApproachApproach

Checks and balances of a team Improved stature and credibility of the library Improved faculty satisfaction Raise the education and awareness of staff

librarians Provide education about the TEACH Act as

required TEACH Act compliance from faculty

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Team Team AccomplishmentsAccomplishments

The new University regulations and LibGuide together will give faculty concrete resources

Integrated approach -- instructional designer and online certification course (includes copyright ed)

Replace eReserves with Librarian-Blackboard integration

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How can I create a How can I create a copyright support team?copyright support team?

Make sure you have:◦ People who are interested and knowledgeable

about copyright◦ Willingness to learn◦ Provost/administrative support◦ Campus recognition and buy-in◦ Point of contact for help - identify individuals

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Room for improvementRoom for improvement Issues of authority, credibility, visibility,

communication, awareness, and knowledge building

◦ Advocates have not been as heavily used as we’d like◦ Communication could be improved◦ Lack of visibility and awareness

Plan more educational programs Add copyright Q&A in faculty newsletters

◦ Lack of specific answers for all questions◦ Improve communication with Information Services◦ Find ways to put things in writing so as not to give

legal advice◦ We need to establish ourselves

Provost interest has been lacking Need stronger buy-in from the 11 Schools and Colleges

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What’s Next for UMKC?What’s Next for UMKC?

Turn attention to students’ questions and education

Continue to expand useful copyright information on our Copyright Guide

Work with other campuses in UM system to share information and answers – ensure consistent answers

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What’s Next for What’s Next for Libraries?Libraries?

Libraries need a good resource everyone, anywhere can refer to for decision making

Continue librarian education

Better Library Science Program education

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Contact InformationContact Information

Chris LeBeauAssistant Teaching Professor

University of Missouri /Research & Liaison Librarian

University of Missouri-Kansas City

lebeauc@umkc.edu

Cindy ThompsonDirector of Public Services

thompsoncym@umkc.edu

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