A few years ago, I was asked by the U.S. State Department to give a presentation on copyright for librarians in India. I spoke via web conferencing to a group of Indian librarians gathered in an auditorium at the U.S. Embassy, and the session was moderated by an IP professor from Delhi University. This moderator began the session by asking me a very challenging question; pointing out that the standard textbook that he would like to use for his class in trademark law cost more than a month’s salary for the average Indian, he asked me how the copyright balance between rights holders and the public could be calibrated in such economic conditions. I don’t think I provided a very good answer at the time, but last week the High Court in Delhi took on that question and offered an amazing response.
This is a guest post written by Jennifer Chan of UCLA
On June 1, 2016, UCLA’s Westwood campus was suddenly thrust into the media spotlight across the world when a shooter entered a campus building and fatally shot one of our engineering faculty. I was just days shy of my one-month anniversary as UCLA Library’s Scholarly Communication Librarian. What I knew, and what most of us on campus knew that June morning, was that “police activity” had been reported at the other end of campus. Far, but not far enough. Soon, the details began trickling in.
Libraries routinely rely on Section 108, the limitations on exclusive rights specifically for libraries and archives in US Copyright Law, even if librarians don’t always realize that the services they provide, such as ILL, are encompassed in Section 108. Also included in Section 108 are provisions for libraries and archives to make replacement copies of published works in their collections if the work is ‘damaged, deteriorating, lost or stolen, or if the existing format in which the work is stored has become obsolete’. What is obsolete? Well, 108 (c) defines a format as obsolete ‘if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.’ For convenience, the text of 108 (c) is below.
Catherine Fisk’s Working Knowledge:Employee Knowledge and the Rise of Corporate Intellectual Property, 1800 – 1930 (University of North Carolina Press, 2009) has been around for a few years, but I only became aware of it recently, after a colleague mentioned it in conversation. So my recommendation — it is a fascinating read — is belated, but I hope these reflections based on the book are still useful.
Note to readers: This is the first post in our new series “Building Open” where we interview those who are building tools and services to support scholarship in the open. For our first installment, we talk to Philip Cohen of SocArXiv.
Ultimately, I do think we need to leave the old system behind, but it can work incrementally. For example, we need people to donate fewer free hours of labor (reviewing, editing, moderation, publishing) to for-profit, paywall publishers and more to open access institutions. But they can do that without completely boycotting all for-profit journals, if we build our institutions in an open and inclusive way.
Readers of “In the Open” are familiar with the ongoing machinations of Elsevier and other major commercial publishers as they seek to tighten their grip on elements of the scholarly communication system. As Mike Taylor points out, these developments bring to mind the underlying issue of who controls OA infrastructure, and the notion that resistance to commercial domination should be largely based on the academy establishing its own dissemination infrastructure, ideally with substantial investments from funding agencies. Recently, a new funder-supported open dissemination platform, Wellcome Open Research, has emerged as an alternative to vehicles controlled by commercial publishers, and in a separate development, the SocArXiv repository has been released as an alternative to Elsevier’s newly acquired Social Science Research Network. Wellcome Open Research in particular offers an intriguing model that raises the question of how funder and university-supported elements of OA infrastructure can coalesce into a more integrated system in the future.