Session Information: Kraemer Copyright Conference 2017

Kraemer Copyright Conference

June 5-6, 2017 | University of Colorado Colorado Springs


2017 Session Information

Monday, June 5


Copyright Boot Camp
Room: University Center Room 303
Presenter: Carla Myers
Description: This session is geared towards professionals who are unfamiliar with U.S. Copyright Law. It will focus on the fundamentals of the law and the legal exemptions that specifically impact libraries and academia, including 17 U.S.C. § 107, 17 U.S.C. § 108, and 17 U.S.C. § 109.

Copyright: Basic Principles, Updates and Trends
Room: University Center Room 302
Presenter: John Tandler
Description: This presentation will be geared towards professionals who have a basic understanding of copyright principles. He will briefly outline those principles (authorship, ownership, duration, exclusivity, infringement); and then speak about fair use; plagiarism; clearances and permissions; orphan works; and the US Copyright Office's Section 108 review.


Conference Session I: Mitigating Risk at the Front Lines: The Copyright First Responders Program
Room: Berger Hall (University Center)
Presenter: Kyle Courtney
Description: Kyle K. Courtney, Copyright Advisor at Harvard University's Office for Scholarly Communication, will talk about how in the present environment our communities (patrons, faculty, students, staff, etc.) need more practical guidance on copyright matters than ever before, including issues such as fair use, §108, open access, MOOCs, repositories, and digitization. These questions are arriving at our libraries, archives, and museums with increasing frequency, and Kyle believes a modern, 21st century library should be equipped to instruct, educate, and myth-bust when we receive these questions. The Copyright First Responders (CFR) program has developed the first decentralized model of copyright expertise in cultural institutions, relying on a hub-and-spoke model to handle questions from the communities associated with these institutions. Many librarians, for example, have their own focus, specialty, degrees, and training, are therefore are in the best position to be trained to handle copyright questions from their respective communities. Copyright instruction should be layered on top of that subject expertise, and result in a systemic shift in copyright knowledge thought the academic setting – the library, archive, or museum becomes the focus of copyright inquiry and policy. And, as a result, these staff also become the front lines for reducing risk for the institution as a whole. The keynote will also examine the types of copyright questions received, note the thematic uniformity of large copyright questions, present success metrics on questions answered, lessons learned, and share best practices in creating a CFR program.


Conference Session II: Creation or Evolution: Can Copyright Bring the Peace?
Room: Berger Hall (University Center)
Presenter: Kenneth D. Crews
Description: In the beginning, all was a formless void without the light of law. Words just flew wherever Shakespeare spewed them, and art seemed to appear anyplace da Vinci might find a wall. They needed order, legal incentives, and ultimately the promotion of progress. They needed copyright! Was it really good? A “creation” view of copyright exposes an inherent tension between darkness and day: The creation of law as structure and order, and the creation of the works imbued with those legal rights and benefits. Both dynamics are truly inspired, touched by chaos, and yet thoroughly earthly. They are also in steady evolution. We will explore together the creation and evolution of copyright law – and the evolution of creativity itself – in a quest for some unifying understanding of whether the legislative constructs of law can truly fit the deeply human and transformative need for intellectual expression. We might even find a serpent in our creative garden.


Panel Discussion: Should I go to Law School?
Room: Berger Hall (University Center)
Panelists: Kevin Smith, Eric Harbeson, and Tucker Taylor
Description: This session will explore the benefits and drawback to receiving a J.D., especially within the context of serving as the "copyright expert" for a library or academic institution.

5:00pm - 7:00pm

Poster Sessions
Room: Kraemer Family Library, 3rd Floor Apse

Turning Wrongs into Rights: Assessment + Implementation of at Washington University
Presenter: Micah Zeller
Description: As many librarians who work with digital collections know, ambiguous or meaningless rights statements can cause confusion and limit downstream use of  materials. Following DPLA and Europeana's lead in drafting simple, standardized terms that help metadata contributors more effectively communicate copyright and re-use status of digital objects, I evaluated materials in 50+ exhibits at Washington University Libraries in order to assign each an appropriate statement from and help facilitate the same for other contributors to the Missouri Hub. The focus of my poster then, would be the implementation of project statements and recommendations. Its purpose is to share and discuss practical steps and workflows that conference attendees can use to assign statements to materials in their own collections. This is rooted in the perspective of a medium-sized organization, with fairly typical staffing, that contributes to DPLA via participation in a regional service hub, but would be relevant to platforms and institutions of all types. The goal is to provide concrete help with evaluating the underlying status of items by collection and deciding which statement to apply. This may involve risk assessment and/or judgment calls, and the poster will outline factors that were considered and how decisions were made.

Show Me the Copyright: Using Game Techniques to Teach Copyright Law
Presenter: Chealsye Bowley
Description: Teaching copyright law and fair use can be a challenge. The audience’s eyes might glaze over. Even if an audience is attentive, how do you know if the information is being understood? Using game techniques and role playing can give the presenter immediate feedback on if information is being retained, and allow an audience to immediately utilize the taught information. The poster will present fun, engaging strategies used in university workshops for using familiar games to teach copyright law to students and colleagues. Examples of the games will be presented on an accompanying laptop and handout during the poster session.

Navigating Copyright in Electronic Theses and Dissertations
Presenter: Gesina Phillips
Description: Graduate students completing an electronic thesis or dissertation (ETD) may encounter issues related to copyright, either their own or that held by others, at several points throughout the creation and submission of their ETD. Since ETDs are often hosted in an institutional repository or other online collection hosted by the library, library personnel involved in the process must be aware of these points of failure and understand the nuances of copyright with regard to reuse of materials, their institution’s policies governing student scholarship, and the policies of their institutional repository or online collection. This poster will review the relevant literature related to copyright and ETDs, outline the major junctures where librarians may contribute to copyright education for graduate students (and others), and offer suggestions for librarians seeking to engage with graduate students completing their ETDs.

A Prudent Approach to Fair Use Workflow
Presenters: Karey Patterson and Charlotte Nutter
Description: This poster will outline a new highly efficient workflow for the management of copyright materials that is prudent and accommodates generally and legally accepted Fair Use limits. The workflow allows library or copyright staff an easy means to keep on top of their copyright obligations, manage licenses and review and adjust schedules but is still a highly efficient means to cope with large numbers of requests to use materials. The poster details speed and efficiency gains for professors and library staff while reducing legal exposure.

Making Copyright a "Go Sign": Collaboration on Copyright Education, Advocacy and Creation at Princeton
Presenter: Yuan Li
Description: Copyright issues impact daily life in academic in teaching, learning, and research. Copyright is most often seen as a stop sign due to the lack of knowledge of copyright. This negative view of copyright could hinder the learning potential and limit possibilities in teaching and research. Lack of knowledge of copyright also could lead to misconduct, or even worse, a law-suit. In the past two years, we have made a series of efforts at Princeton to improve the campus’ knowledge about copyright and to change the view of copyright from negative to positive through collaboration among campus partners, primarily the general council and the library. This poster shows programs and initiatives on copyright education, advocacy and creation from collaboration at Princeton.

A New Frontier: Incorporating Copyright into Distance Education
Presenters: Rachel Becker and Shauna Edson
Description: Copyright law and fair use have evolved over time to allow educators to use materials in the classroom for face to face instruction. Online instruction has opened up many new possibilities for both students and faculty. However, it has created new areas for copyright infringement to occur, both unintentionally and otherwise. This poster will show how the University of Wisconsin-Parkside Library is making it easier for online instructors to use library resources in their courses. Key components include: instruction on copyright law for new online instructors, online library copyright guide, and our new streaming media policy. This poster will offer some tips on how the library can build copyright into distance and online education programs and make copyright understandable.

Teaching an Invisible Subject: How are we Educating Faculty about Copyright?
Presenter: Jennifer Zerkee
Description: Copyright can be an invisible issue for instructors because infringement or improper use of copyright-protected material will not impede teaching. Copyright law is nuanced and open to interpretation; it is not always clear whether a particular action is compliant or not. This poster will share the results of the presenter’s Canada-wide survey of university copyright administrators, exploring institutions’ provision of copyright education to instructors. The presenter found more questions rather than answers as a result of the survey. Most respondents do no assessment of their copyright instruction, and instead are comfortable relying on experience, questions from faculty, and anecdotal evidence to form an impression of instructors’ familiarity with copyright rules. Is informal appraisal adequate for ensuring that libraries and copyright offices are fulfilling their responsibility to encourage and enable the confident and lawful use of copyright-protected material? What other evidence could be gathered to inform copyright administrators’ efforts? This poster will encourage participants to think about copyright education at their institutions, will share the results of the survey, including approaches being taken by universities across Canada, and will share Simon Fraser University's approaches to instructor education.

Exploiting Elsevier's CC License Requirement to Subvert Embargo
Presenter: Josh Bolick
Description: In the last round of author sharing policy revisions, Elsevier created a labyrinthine title-by-title embargo structure requiring embargoes from 12-48 months for author sharing via institutional repository (IR), while permitting immediate sharing via author's personal website or blog. At the same time, all pre-publication versions are to bear a Creative Commons-Attribution-Noncommercial-No Derivatives (CC-BY-NC-ND) license. At the time this policy was announced, it was rightly criticized by many in the scholarly communication community as overly complicated and unnecessary. However, this CC licensing requirement creates an avenue for subverting the embargo in the IR to achieve quicker open distribution of the author's accepted manuscript. In short, authors may post an appropriately licensed copy on their personal site, at which point we may deposit without embargo in the IR, not through the license granted in the publication agreement, but through the CC license on the author's version, which the sharing policy mandates. This poster will outline this issue, our experimentation with application, and engage viewers in questions regarding its potential risks, benefits, and workflows.

Tuesday, June 6


Conference Session III: Advocacy
Room: Berger Hall (University Center)
Presenter: Kevin Smith
Description: Advocacy is at the core of what copyright specialists do in and for academic libraries. Teaching about copyright is really advocating for a particular approach to the pedagogical task, and copyright librarian often find themselves working to persuade students and faculty to change their perspectives and practices. Many also participate in more traditional advocacy efforts as well, articulating an academic perspective on changes to copyright law or practices within the Copyright Office. Like most other "profess-ors," our role is far more than just presenting facts about the law; copyright law is highly situational, and education about the law always includes advocacy for specific approaches to situations that arise on campus or in Congress. This presentation will look at the many advocacy roles encountered by copyright specialists on campus and suggest some approaches for copyright advocates.


Breakout Session: Block I

International Treaties, Copyright Law, and the Future of the USA
Room: Berger Hall (University Center)
Presenter: Kenneth D. Crews
Description: The country and world are in transition, and copyright is not immune. Both leading presidential candidates campaigned against the Trans-Pacific Partnership, and the European Union is brushing against the possibility of demise. These developments may seem to be far beyond our horizons, but in fact hold the prospect of radical change in the future of copyright law in the United States. We need to understand how international developments have a direct and profound effect on the shape of American copyright law, and as professionals we need to anticipate how changing international ties will affect our future. This topic may be nonpartisan, but it is completely glazed with politics and clashing interests.

Copyright: The Ethical Imperative for Librarians
Room: University Center 302
Presenter: Martin Garnar
Description: When it comes to copyright, librarians have often been cast as reluctant (or occasionally militant) enforcers of the law, taking the side of copyright holders over the rights of users. Over the last decade, there has been a concerted effort to reframe the conversation within the profession regarding librarians’ responsibilities around copyright, with a stronger focus on educating users about their rights and moving away from a strictly neutral stance. This session will review the developments in ethical guidance from the American Library Association regarding copyright and provide a forum for discussion about what role librarians should play in copyright education.

Negotiating Publishing Contracts
Room: University Center 124
Presenter: Ana Enriquez
Description: This session will prepare participants to negotiate publishing contracts and to educate colleagues on how to do the same. It is intended both for those negotiating as authors and for those negotiating on behalf of a publication. It will give particular attention to contract terms that impact open access. Participants will negotiate mock contracts for publication of an academic journal article. The group will reconvene to debrief those negotiations and to discuss facilitating similar workshops to educate colleagues at their institutions.

New and Notable in Copyright Law – 2017
Room: University Center 303
Presenter: Nathaniel W. Edwards
Description: This presentation covers an array of current, real world copyright issues faced by educational institutions. The bulk of this presentation focuses on new developments in the area of copyright fair use, including emerging trends in the case law. However, we will also discuss new Copyright Office procedures for designating DMCA agents. Additionally, we’ll examine the continued increase in the volume of demand letters sent by photo licensing houses, and consider how best to respond to these letters.

Fight for Your Right to Copy: How One Library Acquired the Copyright Permissions Service and Reduced Student Costs
Room: University Center 307
Presenter: Emily Riha
Description: Many colleges and universities provide a copyright permissions service, as part of copy or printing operations, that obtain copyright permissions for course materials in print course packs and classroom handouts. While that made sense in an era when print materials were the standard, many instructors today are sharing course materials digitally. Learn how a library implemented a new copyright permissions service for the purpose of reducing student costs and maximizing access to library licensed resources.

View from the Bleachers: Applied Skills in Finding and Using Free Media Resources
Room: University Center 309
Presenter: Barbara Waxer
Description: Having an applied knowledge of copyright law and feeling confident finding and using online media is a critical competency in any academic or corporate setting. Academic, corporate, and public communities and their audiences demand resonate photographs, video, motion graphics, and music. In this session, you'll take a practical (and humorous) look at how to find and use free online media resources. Learn about open access and Creative Commons licenses and how to avoid pitfalls that can create problems downstream. You will also master locating public domain works and their near-equivalents. Use sites that already say 'Yes' to use.


Breakout Session: Block II

Moral Rights
Room: Berger Hall (University Center)
Presenter: Kevin Smith
Description: The Copyright Office has recently indicating its interest in revisiting the approach in U.S. law to moral rights for creators of copyrighted materials. Moral rights are a complex issue within the context of the U.S. approach to copyright, stemming as they do from a natural rights perspective. There is a potential conflict between moral rights and free expression that needs to be explored. This session will help clarify what moral rights might mean in the U.S. legal context, what legal options already exist to enforce moral rights, and what issues are involved in extending protections.

Contributed Papers Session I
Room: University Center 302

  • So, You're the New Copyright Librarian...Now What?
    Presenter: Emilie Algenio
    Description: Are you finding yourself in the position of being the local copyright expert? Did you apply for the job, or were you the recipient of “other duties as assigned?” And now you're wondering - what happens next, and how does this work? The author of this paper reflects back on her first year as a Copyright Librarian within a research university, in order to share the lessons she has attained. Some of the topics that will be covered are: finding collaborators, building the foundation for a copyright education program, and understanding what advocacy looks like, as a librarian.
  • Interactive Copyright Education for 3D Objects
    Presenter: Camille Thomas
    Description: No longer is Interlibrary Loan the staid exchange of books or articles of the past. Things like eBooks, data sets, and 3-dimensional objects are rapidly becoming crucial to teaching, learning, and research. Texas Tech University and the University of Houston have developed a plan for the sharing of 3D objects. One goal of this project is to educate patrons on copyright as library makerspaces and 3D services grow. This session will discuss the framework and design to help users and creators make copyright considerations.

Mapping the Copyright Constellation: Charting Campus Partners to Create Copyright Instruction Your Students Will Care About
Room: University Center 303
Presenters: Will Cross, Molly Keener, and Lillian Rigling
Description: Too many institutions leave undergraduates out of copyright instruction. By collaborating with partners across campus, however, copyright instruction can be made relevant and exciting for all students. In this workshop we will offer a hands-on introduction to instruction grounded in partnerships with stakeholders such as faculty, student groups, and campus media outlets. Informed by case studies from our work, participants will chart the leading lights of student life on their own campus so they can design events and projects that connect students to copyright as a vital component of their own creativity.

Empowering Fair Use Decisions in Higher Education: Developing Copyright Instruction for 90 Minutes or Less
Room: University Center 307
Presenters: Ben Harnke, John Jones, and Meghan Damour
Description: In this interactive session, participants will have the opportunity to develop a basic fair use lesson plan/outline that can be used for instruction at their home institutions. We will discuss some of the challenges and potentially fruitful approaches to consider when developing fair use instruction. The session will be framed by our experience offering a fair use class at the University of Colorado Health Sciences Library.  

Copyright for Authors: Ideas, Activities, and Discussion Points
Room: University Center 309
Presenter: Sara Benson
Description: In this "Train the Trainer" session, the presenter will lead an interactive discussion about how to instruct authors about their own ability to negotiate copyright agreements.


Breakout Session: Block III

"Workshopping" Copyright Questions and Practical Solutions
Room: Berger Hall (University Center)
Presenter: Kyle Courtney
Description: Join Kyle K. Courtney, Copyright Advisor at Harvard University's Office for Scholarly Communication, to workshop real questions received by the Copyright First Responders over the last three years in some of the more popular areas. Discussions will include: balancing risk, Super Powers of Libraries, side-stepping copyright, transformative fair uses, videos, MOOCs and 3rd party materials, Open Access and copyright, real digitization risk, and more...

Contributed Papers Session II
Room: University Center 302

  • Copyright for Movie Night: Film Screenings on Campus
    Presenter: Michaela Willi Hooper
    Description: Campus groups regularly screen films for both educational and entertainment purposes, yet student leaders may not know when they need a license to avoid copyright infringement or how to get a license. I will provide a summary of pertinent US copyright law and important resources. Further, I will analyze university policies on film screenings to address the following questions: What departments on campus are responsible for supporting student groups who want to screen films? How much guidance is provided for event organizers about procuring public performance rights? In what ways are policies the same and different?
  • Sports Uniforms and Copyright: Further Implications for Art Educators?
    Presenter: Sara Benson
    Description: The Supreme Court heard oral arguments in a case asking whether the designs included on Cheerleader's Uniforms can be copyrighted. The decision has far-reaching implications, though, and not just to the fashion industry. How will this decision potentially impact the world of high art?

Case Studies from the Field: Making Fair Use Determinations in an Educational Setting
Room: University Center 303
Presenters: Ben Harnke, John Jones, and Meghan Damour
Description: This interactive session is an opportunity for participants to discuss and evaluate both common and more difficult fair use scenarios that might be encountered in an educational setting. We will briefly examine the fair use statute and then model the pros and cons of using a fair use checklist to make a determination. We would love for most of the scenarios to be provided by participants, so please bring any difficult, odd or plain frustrating fair use situations you might be struggling with…maybe we can figure them out together!

Leveraging Licensing to Increase Access
Room: University Center 307
Presenter: Jennifer Chan
Description: Many academic institutions have increased commitment to the open access to research and scholarship through the adoption of institutional and departmental open access policies, open educational resources, and the availability of publication subvention funds. Despite increases in access to these resources, open access is not yet a ubiquitous phenomenon. This session will discuss strategies for engaging subject librarians, library copyright and licensing specialists, faculty, and campus stakeholders in maximizing use and access of library-licensed content and collections to further increase instructor and student access to relevant scholarly content so as to enhance course materials and boost learning outcomes.

How Networking on Campus Can Increase Copyright Education
Room: University Center 309
Presenter: Rachel Miles
Description: As online academic interactions continue to become more complex in the digital age, interaction with online copyrighted content inevitably increases. As a result, university faculty, researchers, students, and staff have a responsibility to understand how to legally reuse content to avoid copyright infringement incidents. However, campus community members are often unaware of how copyright pertains to their online activities and the potential risks involved in their misuse. Join librarians Rachel Miles and Rebel Cummings-Sauls as they discuss their networking and collaboration efforts on campus to extend copyright education to a wider community at Kansas State University.


Conference Session IV: Copyright Policy from the Slow Moving Swamp
Room: Berger Hall (University Center)
Presenter: Carrie Russell
Description: Article One of the US Constitution describes the legislative powers granted to Congress. Among them is the right to create copyright law to advance “the Science and the useful Arts.” In reality, today’s law is formed by reaching consensus among the stakeholders—something that has not occurred in more than 20 years. The existing copyright law in the digital environment seems outdated, yet dramatic changes in the way we do business and the way we interact with creative works has occurred, in great part due to the flexibility of the fair use doctrine. The status quo seems to be working but because copyright is political, a continuing discord among stakeholders is readily apparent. Coupled with changes at the US Copyright Office, political tension is high. A clued-up ALA staffer who represents US libraries and their users in the copyright debate will provide the latest news and describe ways in which librarians can support a balanced copyright law.