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Date: Tue, 12 Jan 2016 16:45:41 +0000


Lawyer or Librarian? Who Will Answer Your Copyright Question?

My Favorite 2015 Article

One of my favorite posts/articles from 2015 relates to much of my
work, helping librarians and other nonlawyers manage copyright and
licensing issues. The article was published on the site of IPOsgoode
(I graduated from Osgoode Hall Law School in 1985). The article was
well received and I was asked to write a longer version of it which
will be available in an upcoming issue of the Intellectual Property
Journal (IPJ). The article is set out below.

Answering Copyright Questions

In most organizations, if you have a legal question you head over to
the legal department. When someone has a copyright question, however,
they often head over to the library or information centre to discuss
it with the librarian or information professional responsible for
copyright and licensing issues. When did this shift occur, and why?

The reasons that the role of answering copyright and licensing
questions has fallen to librarians are as myriad as the facets of
copyright. In librarians’ primary function as guardians of content,
from research materials to music and image collections, much of what
librarians routinely encounter consists of copyright-protected works.

Because librarians have historically been equated with assistance,
research, and answers, it is a good fit to turn to librarians for
information and help when evaluating the legal aspects of works for
potential use. In fact, many organizations now have designated
positions with such titles as Copyright Librarian, Licensing
Librarian, and Copyright Officer. In educational institutions this
role often falls within the position of the Scholarly Communications
and Copyright Librarian.

The fact that librarians are now the first stop for copyright and
questions relating to licensing digital content in libraries raises
the question of whether librarians are providing legal advice. Their
role (see next paragraph for specifics) is to recognize copyright
issues and to provide information. Librarians can direct patrons and
researchers to relevant material about copyright law and licensing but
ultimately they should be providing the information without
interpreting it. Many libraries now have written copyright policies or
guidelines which set out specific amounts of copying allowed. These
policies and guidelines are usually prepared by lawyers or at least
vetted or finalized by lawyers. These are great tools as it provides
libraries with concrete direction and veers them away from providing
legal advice.

Copyright Issues and Responsibilities

Daily activities of educators, librarians, archivists, and other
information professionals involving copyright issues include
photocopying and scanning of articles, copying software or offering it
for multiple users, and downloading or incorporating music in
presentations and in course management systems. Negotiating
permissions and licenses and interpreting licensing agreements are
routine aspects of copyright and permissions management; depending on
the position, understanding foreign copyright laws and the
implications of international copyright treaties are also integral to
this management function.

Qualifications

Copyright law is a complex and nuanced field. While law students can
specialize in intellectual property, librarians have no such
specialization or educational individuation. Someone who chooses to
pursue a Masters in Library and Information Science (MLIS) degree
generally can begin with an undergraduate degree in any field. Among
the traditional topics on the MLIS track are collection development,
cataloging, reference, and archiving; and with the inclusion of the
“information sciences,” an MLIS degree has widened to include computer
science topics like web and database design, too. Few information
schools offer courses in copyright and licensing. As a practical
matter, professionals in this field may have extensive experience
managing copyright issues, and negotiating permissions and licenses
due to the nature of their position within an organization.

Collaboration

Copyright law is no longer just the domain of lawyers. While there is
a definite and important role in copyright for lawyers, the role of
librarians has and will continue to increase when it comes to the
day-to-day management of copyright law, and there’s a balance between
what lawyers may do and what librarians may do.

This balance suggests the need for collaboration. Sometimes the
teaming up of lawyers with librarians and information specialists may
be the best strategy. For example, a librarian may negotiate the terms
and conditions for a licence for digital content; the lawyer however
may review the legal language in the licence agreement. A librarian
may draft copyright guidelines for routine uses of content which are
in turn vetted by an organization’s lawyer; or a librarian may deal
with simpler questions relating to fair dealing but a lawyer may be
consulted when the organization receives a notice from a content owner
that his content was used without authorization.

View article on IPOsgoode:
http://www.iposgoode.ca/2015/09/lawyer-or-librarian-who-will-answer-your-copyright-question/

I invite you to join my free e-letter on copyright and licensing at:

http://www.copyrightlaws.com/newsletter-letter-copyright-new-media-law-ecommerce/.


Lesley
Lesley Ellen Harris
www.copyrightlaws.com


P.S. I also teach courses and an entire Certificate Program in
conjunction with SLA on copyright management for librarians and info
pros.

See:  https://www.sla.org/learn/certificate-programs/cert-copyright-mgmt/.