Association of Research Libraries Urges End to Litigation against Internet Archive – Association of Research Libraries

“The Association of Research Libraries (ARL) urges an end to the lawsuit against the Internet Archive filed early this month by four major publishers in the United States District Court Southern District of New York, especially now that the National Emergency Library (NEL) has closed two weeks earlier than originally planned.

For nearly 25 years, the Internet Archive (IA) has been a force for good by capturing the world’s knowledge and providing barrier-free access for everyone, contributing services to higher education and the public, including the Wayback Machine that archives the World Wide Web, as well as a host of other services preserving software, audio files, special collections, and more. Over the past four weeks, IA’s Open Library has circulated more than 400,000 digital books without any user cost—including out-of-copyright works, university press titles, and recent works of academic interest—using controlled digital lending (CDL). CDL is a practice whereby libraries lend temporary digital copies of print books they own in a one-to-one ratio of “loaned to owned,” and where the print copy is removed from circulation while the digital copy is in use. CDL is a practice rooted in the fair use right of the US Copyright Act and recent judicial interpretations of that right. During the COVID-19 pandemic, many academic and research libraries have relied on CDL (including IA’s Open Library) to ensure academic and research continuity at a time when many physical collections have been inaccessible….”

Program Analyst for Scholars & Scholarship Position Open at ARL – Association of Research Libraries

“The program analyst for Scholars & Scholarship’s major responsibilities will include the following:

Track global open science and open scholarship developments and work with the ARL membership to lead and partner in these developments
Work with other research, higher education, information technology, and library organizations on institutional and public policy issues that arise from new and emerging practices in research, teaching, and learning
Represent and advance the Scholars & Scholarship program with key partners, allies, and joint ventures to advance program objectives, particularly as they relate to the broader mission of scholarly communication, information stewardship, and publishing
Lead key initiatives and task forces of the Scholars and Scholarship Committee….”

Association of Research Libraries Awards Venture Fund 2020 Grants – Association of Research Libraries

“Northwestern University Libraries’ proposal is titled “Lowering Barriers for Publishing Open Textbooks: A Minimal Computing Toolkit” and is led by Chris Diaz, digital publishing librarian, and Lauren McKeen, open education librarian. The Venture Fund will help with the expansion of Northwestern’s prototypical workflow, into an adaptable toolkit for open textbook creators. The toolkit will consist of learning modules, documentation, and code samples for librarians, faculty, and instructors at ARL institutions to use and adapt, as part of the open textbook publishing process. More broadly, this project will introduce a minimal computing framework for creating open textbooks….”

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….”

ARL Urges Publishers to Maximize Access to Digital Content during COVID-19 Pandemic – Association of Research Libraries

“The Association of Research Libraries (ARL) joins global library associations in urging publishers to maximize access to digital content during the emergency conditions of the COVID-19 pandemic. This is an unprecedented time for the academic enterprise, and humanity will benefit from an unprecedented response by publishers in support of research and learning.

This week, ARL signed a statement by the International Coalition of Library Consortia (ICOLC), an informal organization of state, regional, and peer library organizations that collaborate on resource sharing and electronic licensing. The statement calls on publishers to ease the restrictions on simultaneous usage and interlibrary loan that may accompany subscription-based digital content. During this crisis, as research and education move almost exclusively online, ARL applauds both ICOLC’s leadership and publishers who have responded by opening previously paywalled content. Around the world, library associations (including in Australia, Canada, France, and the UK) are amplifying the message to publishers: maximize access to digital content to advance research and ensure academic continuity during this crisis. With this national and global imperative, ARL makes the following requests regarding COVID-19-related research, online research and learning more broadly, and educational equity….”

ARL Celebrates Fair Use/Fair Dealing Week 2020 – Association of Research Libraries

“Fair Use/Fair Dealing Week highlights the legal and policy decisions now pending that will shape the future of digital creativity. From the Google v. Oracle case before the US Supreme Court to the proposed copyright reforms in South Africa and elsewhere around the world to the continuing battles over digital intermediaries in Europe and the United States, fair use rights remain under attack from those who would lock away knowledge and culture for commercial advantage and other narrow self-interests….”

ARL Responds to US Office of Science and Technology Policy Request for Information on American Research Environment – Association of Research Libraries

“ARL endorses the recommendations in the 2018 National Academies of Science, Engineering, and Medicine (NASEM) consensus report Open Science by Design: Realizing a Vision for 21st Century Research. The report, grounded in FAIR principles, promotes essential actions for research ecosystem stakeholders to improve openness and transparency in research processes, and share and reuse research products, in order to accelerate scientific discovery and innovation.

In particular, research funders and research institutions are in the best position to develop policies and procedures to identify the data, code, specimens, and other research products that ensure long-term public availability, and they are best positioned to provide the resources necessary for the long-term preservation and stewardship of those research products.1 Successful implementation of policies to identify research outputs for reuse and long-term preservation will require integration and alignment between the scientific community (e.g., managers of domain repositories and scholarly societies) and the stewardship community. ARL is committed to partnering with and convening the relevant stakeholders to work towards this alignment….

ARL recommends that federal agencies provide maintenance funding and require maintenance plans for community-governed tools and services that enable rapid dissemination, interlinking research through registries of persistent identifiers, data sharing, and collaboration to advance scientific progress. New modes of research publication enable researchers to publish executable code and data alongside articles, share preprints with associated data and code, enable post-publication peer review through overlay journals, and facilitate collaboration and team science.

Scientific tools and infrastructure such as outlined above, including tools like Jupyter Notebooks, ReproZip, and Code Ocean, accelerate the progress of science and facilitate replicability. Openness enables both interoperability and preservation for future research and the scholarly record. A recent paper on the arXiv.org preprint server, “Publishing Computational Research—A Review of Infrastructures for Reproducible and Transparent Scholarly Communication,” provides an excellent review of the issues from major stakeholder perspectives….”

ARL Comments on Draft NIH Policy for Data Management and Sharing – Association of Research Libraries

“On November 6, 2019, the US National Institutes of Health (NIH) published a request for public comments on a DRAFT NIH Policy for Data Management and Sharing and supplemental DRAFT guidance. NIH has a long history of promoting public access to the research it funds, including policies for sharing scientific data generated from large awards, genomic data, and data from clinical trials.

The Association of Research Libraries (ARL) welcomes the opportunity to comment on these new draft policies, expanding the guidance on data sharing to all extramural awards, contracts, intramural research projects, and other funding agreements. ARL offers these comments in consultation with member representatives, experts in the data librarian community, and through consultation with a wider group of institutional stakeholders who recently met to draft implementation guidelines for effective data practices recommended by the US National Science Foundation….”