A link roundup, a redesign, and hey I’m still here

Hiya!

I needed to fix a thing with my reading list so I needed a widget-ready theme so I changed to this one and had a “to do” item to update and then a number of things happened, none of which are interesting. So it’s been a while and I have a few things to mention.

1. If you see something weird or broken with this theme, please drop me a note? I got very into working on it and then less into it and I’m concerned that I was not totally done.

2. You may have seen this amusing article that I was interviewed for a while back. 3 Ridiculous Misconceptions About Dating a Librarian. It’s amusing. I was asked to link back to it. I said I would. And then I haven’t updated my website since. Sorry about that. Here’s the link.

3. This is very important. I’ve spoken a lot about the Fair Use Best Practices documents that have been put out by the Center for Media and Social Impact. They have a new one out that you should read: Statement of Best Practices in Fair Use of Orphan Works for Libraries & Archives and other memory institutions I’m just digging into it. All of these documents have good advice and, most importantly, lots and lots of examples and processes explained by working librarians, archivists, and cultural heritage workers of all stripes. And then looked at by lawyers. Very useful with things you can put into practice. Lots of nice citations.

I’ve started a new gig writing for Medium this month, so I’m working on a few pieces about DRM and Buy Nothing Day and I’ll be sure to link to them here. My gig at the Open Standard came to an abrupt end when my editor was suddenly no longer working there after (maybe?) some GamerGate related stuff. I don’t know details but I was asked to put my articles “on hold” for the time being. It’s not quite like being fired. Meanwhile I’m working on a longer single-topic post about Ferguson and the library and what people are doing. When you’ve got the Annoyed Librarian’s non-crabby attention, you know you’re doing something right.

Fair! Google Books case dismissed.

original ferris wheel - from the Open Library

Karen Coyle has done an excellent write up of this so I will refer you there.

The full impact of this ruling is impossible (for me) to predict, but there are many among us who are breathing a great sigh of relief today. This opens the door for us to rethink digital scholarship based on materials produced before information was in digital form.

Folks can read the actual ruling (pdf) if they’d like. This is a very big deal. Thanks to folks who worked so hard on getting us to this place. I’ll add a few links here as they come in.

  • Kenneth Crews, Columbia Copyright Advisory Office: “This ruling joins court decisions about HathiTrust and electronic reserves in demonstrating that even extensive digitization can be within fair use where the social benefits are strong and the harm to rightsholders is constrained. There will be more to come as we transition into a new era of copyright, technology, and even reading.”
  • Brandon Butler, ARL Policy Notes blog; “The decision is a victory not only for transformative, non-consumptive search, but also for serving “traditionally underserved” libraries and their users, including disabled patrons.”
  • Paul Alan Levy: “This ruling provides a road map that allows any other entity to follow in Google’s path.”
  • Timothy Lee, Washington Post: “Many innovative media technologies involve aggregating or indexing copyrighted content. Today’s ruling is the clearest statement yet that such projects fall on the right side of the fair use line.”
  • Mike Masnick at Techdirt: “It all comes together in making a very strong argument that Google’s book scanning promotes the progress of the arts and sciences just like copyright is supposed to do.”
  • InfoDocket also has an updating list of links to discussion of the decision.

theming it up for 2013

I’ve been doing a lot less public speaking this year, by choice. Just trying to travel less, be more of a homebody, be choosier. I just noticed that I haven’t mentioned any of the talks I have been doing or will be doing, so this is the post that clears that up. I have done three talks this year, all thematically related. You may be able to detect the theme….

1

Basically they summarize what’s been going on in the world of Fair Use the past year (a lot!) and then talk about what libraries are doing and what they can do. I also talk a bit about my work for Open Library where I am volunteering doing email support, helping people freely download and read ebooks through the Internet Archive‘s somewhat quirky interface. It’s challenging and fun. The two are related but maybe not in the way you’d think. People who are curious about Open Library or maybe helping out a little, please drop me an email and I can talk more about it at length.

A few upcoming talks, most on the far horizon. In August I’ll be in Lincoln Nebraska talking to rural librarians about technology use and training. In April of next year I’ll be at both TXLA (my favorite state conference I think, though there are many close seconds) and then at the Michigan Rural Libraries Conference on Mackinac Island. If you’re going to any of these, please let me know.

The uncomfortable problem of orphans – MLibrary’s approach

Orphan works are works that are in-copyright but do not have a contactable copyright holder. They’re tricky and annoying as far as reuse goes because while technically they’re not re-usable without permission, how do you get permission? People have discussed this problem at length, but The University of Michigan’s Copyright office — the people who are working on the copyright review management system — are trying to do something about it. They launched a project to try to track down and identify the rights holders of orphan works created between 1923-1963 in the HathiTrust Digital Library. In doing so, they hope to get a general idea of the scope of the problem and at the same time develop best practices for identifying orphan works. They might also help HT make more of their content available as its copyright status is determined.

Copyright is killing sound archiving and fair use isn’t doing so well either


Fair Use poster image by Timothy Vollmer

The Library of Congress just released its 181 page report “The State of Recorded Sound Preservation in the United States: A National Legacy at Risk in the Digital Age” talking about the challenges of digitally archiving sound recording. BoingBoing gives a nice summary “[T]he copyright laws that the recording industry demanded are so onerous that libraries inevitably have to choose whether to be law-breakers or whether to abandon their duty to preserve and archive audio.” More analysis from OSNews.

And if anyone’s wondering where I’ve been this week, the answer is “Mired in getting copyright permissions for the intellectual property in my book. Thanks for asking.” I have a pretty firm grasp of Fair Use and have been trying to follow the guidelines for Fair Use in Media Literacy Education. I signed a book contract that specifically says that I am responsible for assuring that my materials are being used with permission. Despite this, my publisher (who I am quite fond of otherwise) is risk-averse and wants to make sure I have permission anyhow. Permission that I assert that I don’t need for small screenshots of, say, Google search results or an ALA nested menu.

This gets even more confusing when some of the organizations involved claim that I need permission when I don’t. Since Fair Use, like the Americans with Disabilities Act, is mostly something that gets hammered out through litigation there is no strict set of guidelines as to what Fair Use is. So, big companies with a lot to lose err on the side of compliance with other big companies’ requests, requests that may be extralegal. So Google can’t legally tell you to only use the public domain offerings from Google Books (which they admit) but they make a polite request, a polite request that sounds a lot like a terms of service.

So right now I’m waiting to hear back from Facebook after filling out a form on their website asking for permission to use a screenshot. They say it will take 1-2 weeks. I am confident that my screenshot is fair use. My editor also thinks it is fair use. However they’re not willing to risk it. And so we wait.