Open Access Week 2011 presentation for the ISchool at Syracuse University.

1. OCCUPY
COPYRIGHT
before it destroys scholarship and
libraries for good
Dorothea Salo
School of Library and Information Studies
University of Wisconsin–Madison
So, I’m notorious for changing slides and even talk titles at the last minute. I’ve done it again!

2. DISCLAIMERS:
I don’t do open access
for a living any more.
(that’s okay. I was pretty bad at it.)
i’m also not a lawyer.

3. Photo: “Alarm Clock 3” by Alan Cleaver
http://www.flickr.com/photos/alancleaver/4293345633/ CC-BY 2.0
Frankly, I’m alarmed at what’s going on with copyright
in libraries and education right now, and I want to
share what’s going on, because I don’t want to be the
only one alarmed!

4. biggest threat to
libraries?
Photo: “$5700” by Andrew Magill
http://www.flickr.com/photos/amagill/362201147/ CC-BY 2.0
If you ask librarians what’s the biggest threat to libraries right
now, I suspect a lot of them will talk about money. Budgets being
slashed, branches being closed, money money money. Well, I don’t
actually believe that money is the greatest threat to modern
libraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudes
held by many, mostly corporate, copyright owners.
Protect IP Act: In current House version, would allow the US to
demand that US-based DNS servers and search engines refuse to
take browsers to a site deemed by a copyright holder to have
violated copyright. No judge will be involved in deciding what sites
to censor! Imagine the Author’s Guild effectively wiping Hathi
Trust off the Internet with a single copyright claim, and you get a
sense of how bad this bill is.

5. © biggest threat to
libraries?
If you ask librarians what’s the biggest threat to libraries right
now, I suspect a lot of them will talk about money. Budgets being
slashed, branches being closed, money money money. Well, I don’t
actually believe that money is the greatest threat to modern
libraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudes
held by many, mostly corporate, copyright owners.
Protect IP Act: In current House version, would allow the US to
demand that US-based DNS servers and search engines refuse to
take browsers to a site deemed by a copyright holder to have
violated copyright. No judge will be involved in deciding what sites
to censor! Imagine the Author’s Guild effectively wiping Hathi
Trust off the Internet with a single copyright claim, and you get a
sense of how bad this bill is.

6. I P
C T
E
T T
O C
R A
P
biggest threat to
libraries?
If you ask librarians what’s the biggest threat to libraries right
now, I suspect a lot of them will talk about money. Budgets being
slashed, branches being closed, money money money. Well, I don’t
actually believe that money is the greatest threat to modern
libraries. (CLICK) I think it’s modern COPYRIGHT, and the attitudes
held by many, mostly corporate, copyright owners.
Protect IP Act: In current House version, would allow the US to
demand that US-based DNS servers and search engines refuse to
take browsers to a site deemed by a copyright holder to have
violated copyright. No judge will be involved in deciding what sites
to censor! Imagine the Author’s Guild effectively wiping Hathi
Trust off the Internet with a single copyright claim, and you get a
sense of how bad this bill is.

7. Today’s plan
HT
G S
I T
R P
Y E
P C
O N
C O
C in context.
not necessarily the usual ones!

8. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION
Lib colls: and what you can do with them without
looking over your shoulder.

9. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION
... hope?
Lib colls: and what you can do with them without
looking over your shoulder.

10. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION

11. HarperCollins
26 checkouts

12. interlibrary loan
- no ILL across international boundaries sans publisher permission
- NO DIGITAL DELIVERY except by publisher. Patrons MUST
retrieve PHYSICAL copy FROM LIBRARY.
- library must perform “due diligence” to ensure “private, non-
commercial use” (this is not in the law!)
- to hell with distance-ed students, field researchers
- Smith: “Presumably this is the thin end of a wedge to attack all
private research use for which permission fees are not paid. It is
important to understand that such a standard would give the
United States the most restrictive copyright law in the world, and it
would do so without the intervention of Congress.”

13. how?
S T
I
F AR LE
S
NO digital first sale! NO first sale in anything leased instead of
purchased! And most e-content, e-journals and ebooks alike, is
indeed leased!
First sale under threat in other ways too...

14. Lending foreign works?
V.
O
C A
T G
S E
O
C M
O THOUGHT that
you only
was legal!
Costco v. Omega: first sale doesn’t apply if a work is manufactured
and sold abroad, then imported to the US (which libraries do all
the time! it’s the only way to GET a lot of foreign works!)

15. Lending foreign works?
.
V G
Y N
LE AE
I S
W T
U R
K
you only THOUGHT that
was legal!
Wiley v. Kurtsaeng: first sale doesn’t apply EVEN WHEN work is
sold in the US with the copyright holder’s consent! Seriously, WTF?
Libraries can now be sued for copyright violation for lending books
we bought fair and square? We now have to track where a book
was MANUFACTURED in order to sort out whether we can lend it?
This is outrageous.
Impact on students as well: no reselling of textbooks
manufactured abroad! Aren’t textbooks expensive enough already?

16. the perennial
serials crisis
0 %
30 just got real.

17. how? .. ...
L. Y
E LL L
W CA
S I S E
B A U .
A N
C A
E C
.. EB Y
.
T H

18. could you be
prosecuted
N
O TZ
RR
AA
A
S W
for breaking a publisher-
library contract?
Nancy Sims: “In several instances, the criminal charges are based
specifically on the fact that Swartz violated MIT and JSTOR user
policies—and in those instances, these charges raise some
significant issues that the academic library community should be
concerned about.” Even when JSTOR and MIT declined to sue, the
feds prosecuted!
What’s the connection to copyright? Come on, do you think this
would have happened without the overheated rhetoric from the Big
Media lobbies in Washington? I sure don’t.

19. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION

20. e-reserves
VS.
Does anybody ELSE think the idea of university presses
suing universities and their libraries over teachers and
students using scholarly works in the classroom is just
plain SICK? Oh, good, it’s not just me.
(talk about 1976 guidelines)

21. e-reserves
VS. all of
us!
Does anybody ELSE think the idea of university presses
suing universities and their libraries over teachers and
students using scholarly works in the classroom is just
plain SICK? Oh, good, it’s not just me.
(talk about 1976 guidelines)

22. how?
I R
A E
F S
U IP
R

23. Harvard Business Review
did you really buy what you
thought you bought?

24. how? T
C S
A P
R M
T U
N R
C O T E.
W RU S
A I
L A
F

25. Electronic theses
it’s FUD season!
Open Access is “socialized science” per ACS editor-in-chief Rudy
M. Baum, arguing against the NIH Public Access Policy. Judging
from his salary, and the nice little racket he has going where the
ACS accredits chemistry departments, and makes purchasing its
OWN JOURNALS a condition of accreditation, “socialized science”
means “anything that ain’t gonna make Rudy M. Baum money!”
Well, um, don’t know about you, but I’m not in academia to make
Rudy M. Baum money. In any case, the point is that some scholarly
societies are using copyright as a weapon against open access in
particular, and scholarship generally. Who can stop them? YOU
CAN.

26. Electronic theses
it’s FUD season!
Open Access is “socialized science” per ACS editor-in-chief Rudy
M. Baum, arguing against the NIH Public Access Policy. Judging
from his salary, and the nice little racket he has going where the
ACS accredits chemistry departments, and makes purchasing its
OWN JOURNALS a condition of accreditation, “socialized science”
means “anything that ain’t gonna make Rudy M. Baum money!”
Well, um, don’t know about you, but I’m not in academia to make
Rudy M. Baum money. In any case, the point is that some scholarly
societies are using copyright as a weapon against open access in
particular, and scholarship generally. Who can stop them? YOU
CAN.

27. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION

28. Google Books

29. Hathi and orphans
whole lotta overreachin’ goin’ on! AG wants everything from
1923-63 out: not all this is in-copyright!

30. SPECIAL COLLECTIONS
AND ARCHIVES...
...LOCKED AWAY?
If we don’t own (c) or get a license we can’t digitize.

31. Our own worst enemies...

32. What’s this about?
A N
H S
P K
R R
O O
W

33. the root problem is
R Y
O .
T S
U E
T G
A A
T M
S A
D

34. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION

35. Sound recordings
Photo: “this is not a social media megaphone” by mikael altemark
http://www.flickr.com/photos/altemark/337248947/ CC-BY 2.0
governed by state, not federal, law pre-1972
Isn’t copyright uncertain ENOUGH? This is just awful.
hearings recently to consider “harmonizing” to fed standard
serious issue for fragile and obsolete analog formats
RIAA: “but nobody’s ever sued over preservation!” past
performance is no guarantee...

36. Multimedia
analog and digital
Photo: ‘“Burned” DVD, microwaved to ensure total elimination of private data.’
by Roman Soto / http://www.flickr.com/photos/ninjanoodles/153893226/ CC-BY 2.0

37. DRM
Photo: “1984... meet DRM” by Josh Bonnain
http://www.flickr.com/photos/jbonnain/523672080/ CC-BY 2.0
Amazon removing 1984 from Kindles owing to
copyright dispute.

38. why?
O N
T8I
C 0
E 1
S P
R I
why are libraries specifically having so much trouble
with this?

39. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION

40. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION
... hope?

41. COPE
More going on: campus mandates, NIH etc. Publishers
still trying to chip away, of course...

42. #OCCUPYSCHOLCOMM
John Dupuis started it! The Hulk picked up the cry...

43. real press

44. real press

45. real press

46. Gluejar and Unbound

47. FINAL FORM OF ACTA?
S T
A I
T S .
O A E
N D B
A LD
B U
O
C we watchdogged.
because
There’s plenty more to watchdog. The Copyright
Office is going to take up mass digitization and
libraries’ Section 108 exemptions shortly. ACTA is still
chugging through the system. We NEED to watch, and
make our voices heard.

48. LIBRARY COLLECTIONS
TEACHING
DIGITIZATION
PRESERVATION
LESSONS

49. N .
AR
LE no more hiding behind
“I don’t know how the system works.”
If you’re not outraged, you’re not paying attention. If
you’re not paying attention, you’re being had. Pay
attention. Learn. Be outraged. And occupy copyright
along with me!

50. E R!
R LA
OO
MH
N SO C
I C E
N When copyright holders act as
enemies of academic values,
we need to treat them as such.
And yeah, they’re gonna kick, call us Mean Nasty
People. Or, you know, commies. Too bad. We’re in this
for fairness, balance, and knowledge.

51. ES
D
LU LY
C R .
I N LA ES
I S HO TI
H C IE
T S C
SO
no more guff about mission.
they can’t be allowed to hold
scholarship for ransom.

52. N
W .
O F
O UF
T T
D S
EE N
N W
E O
W UR
O
If we don’t negotiate for what we
write, who will do it for us?
Who’s going to set the example here?

53. R
O U RE
UT HE E.
P W R
TO NS S A
E I H
IM AM UT
T J O
EN M
B R
OU
Open access ain’t free.
If we want it, time to pony up.
Labor as well as money! Reviewing labor, depositing
labor. See researchwithoutwalls dot org.

54. R E
OU ER
UT WH E.
P S
TO ION S AR
E T
IM CA UTH
T I O
BL R M
PU O U
if your work isn’t open access,
you can make it so! and you should.

55. hi, syracuse!

56. hi, syracuse!
... well, it’s a start.

57. the ischool...
isn’t leading. why not?
Calling out the School of Information Studies
specifically. EIGHT DEPOSITS. Typical of LIS schools,
which is even sadder.

58. i know you can improve.
we all can!

59. From her mouth...
to your ears!

60. People to watch
★ Kevin Smith / @klsmith4906
★ Blog: blogs.library.duke.edu/scholcomm/
★ Nancy Sims / @CopyrightLibn
★ Blog: blog.lib.umn.edu/copyrightlibn/
★ Kenneth Crews / @kcrews
★ Blog: copyright.columbia.edu/copyright/blog/
★ James Grimmelmann / @grimmelm
★ Blog: laboratorium.net
★ @ARLPolicy (group)
★ Blog: policynotes.arl.org/

61. THANK YOU!
(AND GOOD LUCK TO US ALL!)
This presentation is available under
a Creative Commons Attribution 3.0
United States license.