From: Adam Siegel <[log in to unmask]>
Date: Fri, 15 Jan 2016 00:33:10 +0000

Between their collections/public service and OA/IR responsibilities,
many academic librarians must answer traditional fair use questions as
well as questions involving copyright ownership (teacher exception,
works made for hire, sponsored works, etc.), as well as other IP
issues (tech. transfer, distance learning, etc.).

Adam

Adam Siegel
Bibliographer for Languages, Literatures, and Performing Arts
Agricultural and Resource Economics Librarian
University of California, Davis
Davis  CA  95616
http://people.lib.ucdavis.edu/~apsiegel/



-----Original Message-----
From: Laura Quilter <[log in to unmask]>
Date: Wed, 13 Jan 2016 20:03:25 -0500

> Libraries are concerned about fair use only in their capacity
> representing user interests.

That's wrong. Like presses, libraries hold and authorize uses of
copyright as well as use copyright and enable others to use copyright.
I would say more particularly, that in negotiations between an
academic author and a publisher, librarians and libraries are very
concerned for the rights of the author. Imagine if a musician asked
for help from a nearby record company.  They would get the record
company's perspective, which could be helpful, but it's not an
artist-centric perspective, nor is it an unbiased view of the law.

In terms of referrals -- I certainly consult with the press, and they
consult with me, but they're also not necessarily positioned with
staff to service the campus's information needs -- faculty, grad
students, and even staff and undergrads. It's in the job description
of law librarians and librarians more generally.

People on campuses will seek informal legal advice from any lawyer or
published person they know.  That's the way that information-seeking
works. So the press is a great resource, if they're open to it, but if
there is an institutional need for it, you want a source to be
institutionalized for that need. I'd be very surprised if many presses
were willing to hang out a shingle as copyright services for the
campus, on top of their other needs.

Laura

----------------------------------
Laura Markstein Quilter / [log in to unmask] Attorney, Geek,
Militant Librarian, Teacher

Copyright and Information Policy Librarian University of
Massachusetts, Amherst [log in to unmask]

Lecturer, Simmons College, GSLIS
[log in to unmask]



On Wed, Jan 13, 2016 at 5:57 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Sandy Thatcher <[log in to unmask]>
> Date: Wed, 13 Jan 2016 01:16:24 -0600
>
> Just curious as to why you would not also advise people on campuses
> where a university press exists to consult staff at the press who have
> expertise in contract and copyright law?  Unlike libraries, presses
> actually manage copyrights that the university actually owns, not just
> use copyrighted material owned by third parties. Libraries are
> concerned about fair use only in their capacity representing user
> interests. University presses relate to fair use in their capacities
> as both users and copyright owner/managers.
>
> Sandy Thatcher