Collaborating for public access to scholarly publications: A case study of the partnership between the US Department of Energy and CHORUS – Dylla – – Learned Publishing – Wiley Online Library

“Key points

 

The success of the CHORUS and DOE relationship is the result of nearly two decades of interactions between the DOE and a group of scientific publishers.
The relationship between CHORUS and the US federal agencies required understanding of different motivations, operations, and philosophies.
Although achieving public access was simple in principle, it required considerable effort to develop systems that satisfied all parties.
Publishers had been working with federal agencies to achieve open access before the 2013 White House Office of Science and Technology Policy, but this helped to create a path for a more fruitful relationship….”

The Internet Archive Chooses Readers – The Scholarly Kitchen

“Last week the Internet Archive (IA), a non-profit entity dedicated to “Universal Access to All Knowledge” decided that its answer to this clarion call is to open what it termed a “National Emergency Library.” The service is based on IA’s earlier efforts to offer “controlled digital lending,” the idea that IA loans one digitized version at a time for every print copy it sequesters — a concept based on fair use doctrine, but without legal standing. Through this model, the IA has for some time been offering access to a massive quantity of digitized – including still in-copyright — materials. Now, for the duration of the US national emergency, IA is offering access to its digitized books without any limitations based on sequestered print copies and doing so globally. “It is meant,” the IA has asserted of the National Emergency Library, “to meet a very specific, extraordinary need” as university, school and public libraries around the world have shuttered….

But the emergency library was a lot clunkier. And it made me wonder just how useful it was going to be. Perhaps we’ll get some numbers? The sign-in is more laborious. To borrow a book you must have an Internet Archive account, and agree to the 2014 terms of service. To download and read on your own screen you must also acquire an Adobe account, and then download Adobe Digital Editions (4.5). In the ritual unhindered by coronavirus, I created a new account at the Internet Archive, having failed to locate a saved password, and, same for my Adobe account, and proceeded to borrow a book for 14 days. It was Robert Gross’s 1976 The Minutemen and their World, a mainstay of undergraduate history education for more than four decades. The platform is awkward, and the reading experience is, to put it mildly, not conducive to intensive reading. Presumably my borrowed copy, via the Adobe platform, will disappear like Cinderella’s pumpkin 13 days hence. I was not overwhelmed. My students’ response to the IA Emergency Library, their expression of relief at having something to tide them over until they could get physical books from our library and through interlibrary loan – the format they consistently prioritize — suggests that the language of an emergency library was effective even if, in practice, it is more of a supplement to other digital resources….

Thus it does seem supremely odd, and quite out of step with the moment, for the Internet Archive to prioritize the needs of readers as if they can be disaggregated from the systems in which reading material is produced. If you think something should be free, you likely don’t have a very good grasp of what it costs to produce — and who needs to be paid in the course of that production. Knowledge is not found under a tree. It is not a natural but a human product, born of labor but also of talent and training. It requires investment, often from individuals, but almost always from organizations….”

Digitization in an Emergency: Fair Use/Fair Dealing and How Libraries Are Adapting to the Pandemic – Association of Research Libraries

“Fortunately, the principle of fair use—a pillar of the US copyright system—provides a crucial safety valve, as does the doctrine of fair dealing in Canada. Research libraries have taken the lead in clarifying and applying fair use and fair dealing to the present crisis. Earlier this month, a broad group of copyright experts from university libraries published a statement on fair use, explaining how, “while legal obligations do not automatically dissolve in the face of a public health crisis,” US copyright law is “well equipped to provide the flexibility necessary for the vast majority of remote learning needed at this time.” Similarly, several experts on Canadian copyright law posted a detailed analysis of why “the circumstances of the current emergency justify a broad construction of fair-dealing.”

What are these fair uses in practice? To begin with, academic libraries are necessarily digitizing more materials in response to specific demands. For example, the University of Georgia Libraries are “providing emergency scanning of print and digital materials from our collections to our faculty and students to ensure that…education and research remain continuous.” Cornell University Library has advised faculty on how to assess “whether fair use permits scanning” of physical materials for online teaching. However, selective scanning is not a comprehensive solution. As the pandemic worsens and shelter-in-place orders proliferate, many libraries have had to send all of their staff home, leaving no one to pull books from the stacks and digitize them.

In response to unprecedented exigencies, more systemic solutions may be necessary and fully justifiable under fair use and fair dealing. This includes variants of controlled digital lending (CDL), in which books are scanned and lent in digital form, preserving the same one-to-one scarcity and time limits that would apply to lending their physical copies. Even before the new coronavirus, a growing number of libraries have implemented CDL for select physical collections. For example, MIT used CDL for a collection of works that were inaccessible during the renovation of one of their libraries. The justifications for CDL, both in legal and public interest terms, are at their strongest right now, to allow for continued progress of the arts and sciences while physical library holdings are broadly inaccessible….”

Digitization in an Emergency: Fair Use/Fair Dealing and How Libraries Are Adapting to the Pandemic – Association of Research Libraries

“Fortunately, the principle of fair use—a pillar of the US copyright system—provides a crucial safety valve, as does the doctrine of fair dealing in Canada. Research libraries have taken the lead in clarifying and applying fair use and fair dealing to the present crisis. Earlier this month, a broad group of copyright experts from university libraries published a statement on fair use, explaining how, “while legal obligations do not automatically dissolve in the face of a public health crisis,” US copyright law is “well equipped to provide the flexibility necessary for the vast majority of remote learning needed at this time.” Similarly, several experts on Canadian copyright law posted a detailed analysis of why “the circumstances of the current emergency justify a broad construction of fair-dealing.”

What are these fair uses in practice? To begin with, academic libraries are necessarily digitizing more materials in response to specific demands. For example, the University of Georgia Libraries are “providing emergency scanning of print and digital materials from our collections to our faculty and students to ensure that…education and research remain continuous.” Cornell University Library has advised faculty on how to assess “whether fair use permits scanning” of physical materials for online teaching. However, selective scanning is not a comprehensive solution. As the pandemic worsens and shelter-in-place orders proliferate, many libraries have had to send all of their staff home, leaving no one to pull books from the stacks and digitize them.

In response to unprecedented exigencies, more systemic solutions may be necessary and fully justifiable under fair use and fair dealing. This includes variants of controlled digital lending (CDL), in which books are scanned and lent in digital form, preserving the same one-to-one scarcity and time limits that would apply to lending their physical copies. Even before the new coronavirus, a growing number of libraries have implemented CDL for select physical collections. For example, MIT used CDL for a collection of works that were inaccessible during the renovation of one of their libraries. The justifications for CDL, both in legal and public interest terms, are at their strongest right now, to allow for continued progress of the arts and sciences while physical library holdings are broadly inaccessible….”

COVID-19, Copyright, & Library Superpowers (Part III) | Kyle K. Courtney

“For those of you who still feel a little uneasy at not having a definitive answer to the “can I use this” question, that’s OK.  Keep in mind that in many cases, there will be limitations placed on the damages that people can pursue. We’d all like a checklist that ends with a clear YES, but that’s not what fair use is.  Fair use’s value lies in the fact that it is not a checklist. Fair use allows the law to flex along with our societies’ needs during times of rapid change. Take heart in the fact that teaching, scholarship and research are specifically mentioned in the fair use statute, and these phrases were written into the statute with our fellow staff, patrons, students, faculty, and the public in mind.  If there ever were a time for fair use to shine, a public health crisis has to top that list. So keep calm, and “fair use on” in a thoughtful and educated way.”

 

COVID-19, Copyright, & Library Superpowers (Part III) | Kyle K. Courtney

“For those of you who still feel a little uneasy at not having a definitive answer to the “can I use this” question, that’s OK.  Keep in mind that in many cases, there will be limitations placed on the damages that people can pursue. We’d all like a checklist that ends with a clear YES, but that’s not what fair use is.  Fair use’s value lies in the fact that it is not a checklist. Fair use allows the law to flex along with our societies’ needs during times of rapid change. Take heart in the fact that teaching, scholarship and research are specifically mentioned in the fair use statute, and these phrases were written into the statute with our fellow staff, patrons, students, faculty, and the public in mind.  If there ever were a time for fair use to shine, a public health crisis has to top that list. So keep calm, and “fair use on” in a thoughtful and educated way.”

 

Internet Archive removes controls on “lending” of bootleg e-books | NWU

“Using the coronavirus pandemic as an excuse, the Internet Archive has — without permission or payment — removed all limits on how many people can simultaneously “borrow” digital copies of some of its bootleg e-book editions scanned from printed books….”

Internet Archive removes controls on “lending” of bootleg e-books | NWU

“Using the coronavirus pandemic as an excuse, the Internet Archive has — without permission or payment — removed all limits on how many people can simultaneously “borrow” digital copies of some of its bootleg e-book editions scanned from printed books….”