Tag: confidence

Let’s cultivate copyright confidence

Copyright competency is about more than knowing the rules. It’s about knowing what the rules are trying to achieve and how libraries contribute to those goals.

If you have a legally inclined librarian in your life, you may have heard them lament the state of copyright education in MLIS programs. If not, then allow me. Several studies have highlighted the widespread lack of sufficient copyright education across MLIS programs, both in North America and abroad (Cross & Edwards, 2011; Dryden, 2010; Fernández-Molina et al., 2022; Gathegi & Burke, 2008; Schmidt & English, 2015). These studies also point out that, even in the LIS programs that do offer some form of copyright-focused course, many are elective as opposed to a requirement for matriculation; few of the courses are “rigorous” or are regularly updated alongside the evolving copyright environment (Kawooya et al., 2019); and ultimately, “very few courses at the master’s level provide for the minimal requirements in terms of copyright literacy for professionals —whether to carry out their own tasks and functions, or else to aid co-workers or users as effectively as possible” (Fernández-Molina et al., 2022, p. 6). In a 2014 survey, only 49% of academic librarians felt prepared to provide copyright support to library patrons (Charbonneau & Priehs, 2014), and those librarians—along with library deans (Eye, 2013)—expressed a desire for additional copyright training. I’d guess the results would be similar in 2026. My MLIS program did offer a copyright-focused course and I still needed several copyright professional development courses to feel competent.

Copyright competency is about more than knowing and following (and often over-complying with) the rules. It’s about knowing why the rules exist—what goals the law is trying to accomplish so as to benefit society, and how the current legal framework is or is not helping society reach those goals. Libraries can locate their contributions to these larger societal goals and thereby understand why and how copyright law allows us to do what we do. And we can often do more than we might think (e.g. thank you, fair use).

On the other side of the coin, copyright law can also restrict libraries from being able to do what they should be able to do. Contractual override of library exceptions and fair use rights, the Digital Millenium Copyright Act’s restrictive amendments to library copyright exceptions (17 U.S. Code § 108 b(2) and c(2)), and the Second Circuit’s unfortunate decision in the Internet Archive case on controlled digital lending are just a few examples of a tightening belt on libraries and our mission of sharing information for the public good. Libraries (read: librarians) need to know how to make their own case. We contribute in unique ways to the societal goals copyright is trying to accomplish. Yet, in conversations with copyright experts, I’ve heard this sentiment shared several times: “If someone proposed the idea of libraries today, they’d be laughed out of the room.” I don’t think they’re wrong.

So, yes, we need to pay more attention to copyright in MLIS programs. We need ongoing professional development about copyright as it evolves. We need to feel more prepared to inform folks about how copyright affects their work (for example, authors’ propensity to sign away their journal article copyrights with abandon is the “original sin” of the serials crisis). Fortunately, there are very smart people and organizations working hard in this arena. I’m sharing a few of my favorite resources here, in hopes that they help someone take a step toward more copyright confidence:

Quick Reference Resources

  • All things from Authors Alliance: Super reliable advisors on all things copyright, specializing in issues affecting higher ed and in support of authors “who want to serve the public good by sharing their creations broadly.” Along with their public-facing news, analysis, and updates about copyright, they also work directly with academic libraries, if you know of an interested dean.
  • Code of Best Practices in Fair Use for OER: An explanation of how fair use allows authors to reference/include content/diagrams from other works in new noncommercial texts (even if those other works are all-rights-reserved). Generally helpful examples of how fair use can be applied to authorship
  • Fair Use Fundamentals from Fair Use Week: A tidy and LibGuide-friendly infographic on how fair use supports the fundamental purpose of copyright and makes possible lots of uses we rely on every day. Also, consider celebrating Fair Use Week in February!
  • Steps in the Analysis of a U.S. Copyright Case (Enriquez, 2013): Even though the risk of legal action and legal penalty is quite low for academic libraries, for those who want to understand all possible outcomes of their copyright-related actions, this document is a simple overview of court procedures for copyright infringement cases.

Professional Development

  • Creative Commons Certificate Curriculum: The ultimate authority on how CC licenses work. This certificate program is great, and in the spirit of open sharing, CC also makes their curriculum materials publicly available.
  • Open Copyright Education Advisory Network (OCEAN): OCEAN is carrying forth the mantel of regular copyright professional development for cultural heritage institutions. Not copyright 101, but if you have a baseline understanding, their events are great.