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….”

Stuck at home? View cultural heritage collections online – Open Objects

“With people self-isolating to slow the spread of the COVID-19 pandemic, parents and educators (as well as people looking for an art or history fix) may be looking to replace in-person trips to galleries, libraries, archives and museums* with online access to images of artefacts and information about them. GLAMs have spent decades getting some of the collections digitised and online so that you can view items and information from home….”

Stuck at home? View cultural heritage collections online – Open Objects

“With people self-isolating to slow the spread of the COVID-19 pandemic, parents and educators (as well as people looking for an art or history fix) may be looking to replace in-person trips to galleries, libraries, archives and museums* with online access to images of artefacts and information about them. GLAMs have spent decades getting some of the collections digitised and online so that you can view items and information from home….”

Google Books 2020 Update | Communications

“What would you do if Google came to you and said: You have 1 million items that we would like to scan for you and make available to the world?

Over the past two years, a team from Access Services, Stacks Management, Library Technology Services, Information and Technical Services, Harvard Depository, and ReCAP have been attempting to do just that as part of a Harvard Library Digital Strategies and Innovation (DSI) initiative. This project began nearly a decade after our first partnership with Google Books, and it has been an opportunity to approach this work differently — to identify the challenges that we face at each step of the workflow and to look for creative, iterative ways to meet them….

Between 2004 and 2009, Google scanned 891,164 volumes from Harvard. Google has begun reprocessing those materials, enhancing and correcting the raw images and running them through updated OCR to create better, more searchable, machine-readable text.  

As part of this relationship, we are involved in the Google Library Partners group, an active community of our colleagues from peer institutions who also share their materials with Google. As a group we have been able to advocate for and contribute to reviews for handling of materials, quality assurance in scanning, and expanded treatments for items with foldouts or materials of non-traditional size. We have also led a review of how our peers provide access to materials and are actively partnering with HathiTrust to conduct more research into how users find and utilize these materials….”

4.5 Million UC Volumes Digitized & UC’s Most Popular Full View Books in HathiTrust for 2019 – California Digital Library

“The University of California Libraries recently contributed the 4,500,000th digitized book from their collections to HathiTrust Digital Library–a tremendous achievement resulting from 15 years of continuous digitization work. 

The vast majority of these millions of volumes were generated via the Google Books Library Project, which UC joined in 2006. That year the mass digitization of UC’s library collections began in earnest when the Northern Research Library Facility (NRLF) started sending books to the Google Books Library Project for scanning. UC’s work with the Google Books Library Project has never paused–by the time UC’s 3,000,000th volume was digitized in 2010, UC San Diego, UC Santa Cruz, and UCLA had all begun sending collections to Google for digitization. Since then, UC San Francisco, the Southern Research Library Facility (SRLF), UC Davis, UC Berkeley, UC Riverside, UC Irvine, and UC Santa Barbara have all participated, with UC Santa Barbara, UC Berkeley, UC San Diego, UC Riverside, UCLA, and NRLF continuing to do so….”

PHAROS: A digital research space for photo archives | Art Libraries Journal | Cambridge Core

Abstract:  The PHAROS consortium of fourteen international art historical photo archives is digitizing the over 20 million images (with accompanying documentation) in its combined collections and has begun to construct a common access platform using Linked Open Data and the ResearchSpace software. In addition to resulting in a rich and substantial database of images for art-historical research, the PHAROS initiative supports the development of shared standards for mapping and sharing photo archive metadata, as well as for best practices for working with large digital image collections and conducting computational image analysis. Moreover, alongside their digitization efforts, PHAROS member institutions are considering the kinds of art-historical questions the resulting database of images could be used to research. This article indicates some of the prospective research directions stimulated by modern technologies, with the aim of exploring the epistemological potential of photographic archives and challenging the boundaries between the analogue and the digital.

 

Grant aids project by IU, other institutions to digitize medieval manuscripts: News at IU: Indiana University

“Indiana University Bloomington and a consortium of higher-learning institutions have received a three-year grant for The Peripheral Manuscripts Project: Digitizing Medieval Manuscript Collections in the Midwest, which will create a digital repository and catalog of medieval manuscripts across Midwestern collections. 

The Council on Library and Information Resources awarded $281,936.10 for the project. IU Bloomington will serve as host for the grant, which was one of 18 projects receiving more than $4.1 million that the Council on Library and Information Resources announced Jan. 9 for its 2019 Digitizing Hidden Special Collections and Archives awards….”

CRL Opens African News Content | CRL

“CRL has released more than 400,000 pages of African newspapers as Open Access content via CRL’s Digital Delivery System (DDS). These new resources add to CRL’s growing body of newspapers digitized in response to interest from area specialists and researchers at member libraries.

Over 60 titles across 20 countries of Sub-Saharan Africa were recently ingested into DDS. Spanning the years 1800–1922, the material features a rich diversity of content including such key publications as the East African Standard, Mombasa Times & Uganda Argus (Kenya), Leselinyana la Lesutho (Lesotho), Lagos Standard (Nigeria), and Umteteli Wa Bantu (South Africa). Issues are openly available as image-only files, browseable by date, allowing researchers worldwide to consult the material….”

Project breathing new life into forgotten medieval chants – Medievalists.net

“The Amra project, led by music historian Dr Ann Buckley at Trinity’s Medieval History Research Centre, is aiming to digitise and make freely available online over 300 manuscripts containing liturgical material associated with some 40 Irish saints which are located in research libraries across Europe….”