From: Collette Mak <[log in to unmask]>
Date: Fri, 15 Jan 2016 08:36:36 -0500

Agreed, Laura.  Librarians tend to favor the rights of the individual
author/researcher and encourage our users to retain as many of their
rights as practical.  Besides, I suspect that many presses would not
be allowed/have policies preventing them to respond to question from
individuals. As one of our unofficial copyright first responders (term
coined by Harvard) we are careful to treat questions as we would a
reference question--here are resources, here are court decisions but
we can not give legal advice and we are very (!) clear on that.

What we CAN do is help the user find the permissions link, show the
STM guidelines and, most importantly raise awareness of fair use,
options and aspects of publishing they may not be aware of (do you
need that specific map or do you just need a map that shows the
borders, we can find a map in the public domain; do you need that
specific picture of a cat or do you just need a picture of a cat, let
me show you flickr creative commons; have you considered the SPARC
addendum?; may I show you how to get an ORCID?)   This is the sort of
help they're unlikely to get from a lawyer or publisher--it's just not
their job but it is the job of the librarian.

Collette

Collette Mak
Outreach and Scholarly Communications Librarian
Hesburgh Libraries

University of Notre Dame
115a Hesburgh Library
Notre Dame, IN 46556
o: 574-631-7392
e: [log in to unmask]



On Thu, Jan 14, 2016 at 6:51 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> 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]