a review of: “copyright for teachers and librarians”

6
This article was downloaded by: [Wayne State University] On: 26 November 2014, At: 18:38 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Community & Junior College Libraries Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/wjcl20 A review of: “Copyright for Teachers and Librarians” Sarah McHone-Chase a a Information Delivery Services Librarian , Northern Illinois University , Published online: 12 Oct 2008. To cite this article: Sarah McHone-Chase (2008) A review of: “Copyright for Teachers and Librarians”, Community & Junior College Libraries, 14:4, 319-322, DOI: 10.1080/02763910802336530 To link to this article: http://dx.doi.org/10.1080/02763910802336530 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or

Upload: sarah

Post on 30-Mar-2017

212 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: A review of: “Copyright for Teachers and Librarians”

This article was downloaded by: [Wayne State University]On: 26 November 2014, At: 18:38Publisher: RoutledgeInforma Ltd Registered in England and Wales Registered Number: 1072954Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH,UK

Community & Junior CollegeLibrariesPublication details, including instructions forauthors and subscription information:http://www.tandfonline.com/loi/wjcl20

A review of: “Copyright forTeachers and Librarians”Sarah McHone-Chase aa Information Delivery Services Librarian , NorthernIllinois University ,Published online: 12 Oct 2008.

To cite this article: Sarah McHone-Chase (2008) A review of: “Copyright forTeachers and Librarians”, Community & Junior College Libraries, 14:4, 319-322, DOI:10.1080/02763910802336530

To link to this article: http://dx.doi.org/10.1080/02763910802336530

PLEASE SCROLL DOWN FOR ARTICLE

Taylor & Francis makes every effort to ensure the accuracy of all theinformation (the “Content”) contained in the publications on our platform.However, Taylor & Francis, our agents, and our licensors make norepresentations or warranties whatsoever as to the accuracy, completeness,or suitability for any purpose of the Content. Any opinions and viewsexpressed in this publication are the opinions and views of the authors, andare not the views of or endorsed by Taylor & Francis. The accuracy of theContent should not be relied upon and should be independently verified withprimary sources of information. Taylor and Francis shall not be liable for anylosses, actions, claims, proceedings, demands, costs, expenses, damages,and other liabilities whatsoever or howsoever caused arising directly or

Page 2: A review of: “Copyright for Teachers and Librarians”

indirectly in connection with, in relation to or arising out of the use of theContent.

This article may be used for research, teaching, and private study purposes.Any substantial or systematic reproduction, redistribution, reselling, loan,sub-licensing, systematic supply, or distribution in any form to anyone isexpressly forbidden. Terms & Conditions of access and use can be found athttp://www.tandfonline.com/page/terms-and-conditions

Dow

nloa

ded

by [

Way

ne S

tate

Uni

vers

ity]

at 1

8:38

26

Nov

embe

r 20

14

Page 3: A review of: “Copyright for Teachers and Librarians”

BOOK REVIEWS

COPYRIGHT FOR TEACHERS AND LIBRARIANS. By Rebecca P.Butler. New York: Neal-Schuman, 2004, 248 pp., ISBN: 1-55570-500-6.

COPYRIGHT LAW FOR LIBRARIANS AND EDUCATORS: CRE-ATIVE STRATEGIES AND PRACTICAL SOLUTIONS. By Kenneth D.Crews. Chicago: American Library Association, 2nd ed., 2006, 141 pp.,ISBN: 0-8389-0906-X.

THE COMPLETE COPYRIGHT LIABILITY HANDBOOK FOR LI-BRARIANS AND EDUCATORS. By Tomas A. Lipinski. New York: Neal-Schuman, 2006, 413 pp., ISBN: 1-55570-532-4.

Issues such as the evolution of technology and proposed changes tolegislation ensure that copyright will continue to impact librarianship andeducation for the foreseeable future. Despite its importance to the everydayoperations of academic libraries, including reserves, interlibrary loan, dis-tance education, and media use, essential copyright concepts such as FairUse and new development in copyright law, such as the Digital Millen-nium Copyright Act (DMCA) of 1998, often remain poorly understood bylibrarians and library staff. The last several years have seen a spate of goodhandbooks to help librarians and educators as they navigate through theserather tricky waters. The following three handbooks, Rebecca Butler’sCopyright for Teachers and Librarians, Kenneth Crews’s Copyright Lawfor Librarians and Educators: Creative Strategies and Practical Solutions,and Tomas Lipinski’s The Complete Copyright Liability Handbook for Li-brarians and Educators, each with their different focuses and intended

Community & Junior College Libraries, Vol. 14(4), 2008Available online at http://www.haworthpress.comC© 2008 by The Haworth Press. All rights reserved.

doi: 10.1080/02763910802336530 319

Dow

nloa

ded

by [

Way

ne S

tate

Uni

vers

ity]

at 1

8:38

26

Nov

embe

r 20

14

Page 4: A review of: “Copyright for Teachers and Librarians”

320 COMMUNITY & JUNIOR COLLEGE LIBRARIES

audiences, prove particularly useful. This assessment may help academiclibrary workers to decide which might best suit their needs.

Butler’s handbook is most singular for its emphasis on relating copyrightfor a primarily K-12 audience. Among the most useful features of thebook are the excellent, easy-to-understand flowcharts included to helpwith decisions regarding legality of copying or distributing a variety ofcopyrighted materials in myriad formats. Butler lays a solid foundationfor understanding copyright law, including clear and detailed explanationsof what the law says and means. In Part I of her book, Butler addressescopyright essentials: Fair Use, public domain, how to obtain permission,licensing, interlibrary loan, guidelines for copying, international copyrightprovisions, infringements and penalties, and plagiarism (a concept thattends to get muddled with copyright, especially in educational settings. Itsinclusion for this discussion in this book is both appropriate and wise). PartII discusses the application of copyright law to different situations such asthe Internet, DVDs, television broadcasts, music recordings, and others,and in each case, Butler relates back the concepts from Part I and includesmany examples tailored to the classroom. End notes and references for eachchapter help ensure a more complete understanding of pertinent copyrightissues in education.

The specialized audience of the handbook may be both a drawbackand a benefit for academic librarians. On the one hand, library functionsless common to school librarianship are not covered in any depth, such asreserves, which garners almost no mention whatsoever, or distance educa-tion, which is addressed in its own, brief but succinct, chapter (includingan excellent definition of the provisions of the TEACH Act, a necessity fortoday’s distance educators). On the other hand, the information containedin this handbook is so well laid-out, stated so clearly, with concepts relatedback to each other and also made relevant to the K-12 classroom setting,that it makes an excellent guide to have on hand for all interested in edu-cation. It is therefore a recommended resource for all education referencecollections.

For a very concise guide more applicable to academic librarianship, con-sider Crew’s 2nd edition of Copyright Law for Librarians and Educators.Crews’s pithy chapters begin with key points which he then further fleshesout, which gives the reader a broad understanding of copyright law andmakes the book an excellent quick referral guide for basic copyright ques-tions, as well as a great introduction to copyright for novices. The first threeparts of the book focus on building a solid foundation of understandingby describing copyright and its scope, what it protects, ownership rights,

Dow

nloa

ded

by [

Way

ne S

tate

Uni

vers

ity]

at 1

8:38

26

Nov

embe

r 20

14

Page 5: A review of: “Copyright for Teachers and Librarians”

Book Reviews 321

and the four factors that make up Fair Use and how to apply them. Thefourth section examines the issues of importance to libraries and education,such as distance education and the TEACH Act, and a breakdown of whatallowances for library operations are made in Section 108, such as copyingand interlibrary loan. The last chapter of this section lays out the responsi-bilities of librarians and educators concerning copyright as well as how toavoid liability. Finally, the fifth section contains the special features, withchapters of interest to education: music and copyright (guest-authored byProfessor Dwayne K. Buttler and Evelyn J. Schneider), DMCA, copyrightissues with unpublished material, and getting permission from copyrightowners.

To be sure, the information given in Crews’s book is not substantiallydifferent than that in Butler’s book. Copyright law is, after all, copyrightlaw, and permitted educational uses under that law remain the same regard-less of a student body’s age. Furthermore, both authors present informationconcisely and with clarity, with excellent examples and plenty of referencesto legal decisions and other resources. Both Butler and Crews discuss FairUse as well as provisions in the copyright law for interlibrary loan anddistance education appropriately for an academic library, although, as itmight be expected given the intended audience, Crews goes into a littlemore detail for the latter (and includes a checklist for the TEACH Actas an appendix). Likewise, Crews more fully explains several issues ofparticular interest to academic librarianship that Butler does not. For ex-ample, DMCA warrants its own chapter in Crews’s book; he carefullyexplains what the law means and how it affects higher education. In ad-dition, Crews discusses Fair Use as applied to e-reserves. Furthermore,Crews addresses such concepts as the “safe harbor” provisions for onlineservice providers—an issue directly impacting many universities today asthey contemplate what their liability might be for the infringing uses oftheir students, staff, and faculty. Because of its special consideration ofacademic concerns, Crews’s book is recommended as a basic, thoroughguide for university and college librarians.

In comparison to Butler and Crews, Lipinski’s book seems radicallydifferent: whereas the works of the former are great as introductory texts,Lipinski instead has produced, as his title claims, a complete copyrighthandbook that specifically addresses how to avoid liability. As such, thehandbook is best suited for someone who already knows copyright basics.For example, Lipinski does not break down and explain Fair Use in the waythat Butler or Crews do, instead working Fair Use into other discussions,assuming that his readers already understand its basic tenets. Because of

Dow

nloa

ded

by [

Way

ne S

tate

Uni

vers

ity]

at 1

8:38

26

Nov

embe

r 20

14

Page 6: A review of: “Copyright for Teachers and Librarians”

322 COMMUNITY & JUNIOR COLLEGE LIBRARIES

the book’s approach to discussing copyright, it might be recommended asa good companion or follow-up to a book such as Butler’s or Crews’s.

Lipinski’s book is divided into five parts: the first defines and explainsthree kinds of liability concerning copyright (direct, contributory, and vi-carious), the second addresses immunities and penalties affecting educa-tion, the third part devoted to DMCA and its effects on education, thefourth discussing ways in which libraries and schools can limit their expo-sure, and the fifth part contains compliance tools for libraries and schools.In addition, there is a glossary of important terms used in the book—avaluable resource, as this book is considerably denser in information thaneither Butler or Crews. For example, Lipinski does not include charts, likeButler does, nor does he include info boxes throughout sections as Crewsdoes. Such an observation, however, is not intended to denigrate Lipinski’stext at all. Despite being information-heavy, the text is written in a cleartone, which, even if occasionally given to slight legalese, is still accom-panied with careful explanation. Chapters end with several “Real WorldExamples” that illustrate the concepts discussed with scenarios concerningcommon situations found in educational settings, followed up with a shortlegal analysis. Furthermore, each chapter ends with key points for readersto apply to their institutions’ policies and practices. Issues of consequenceto academic librarianship such as distance education, reserves, or ILL areworked in throughout the book, and can be found in the examples. Thecumulative effect of the book for the reader is that one feels thoroughlygrounded in copyright.

With a swiftly evolving copyright landscape, it is imperative that aca-demic librarians and educators strive to remain up-to-date on the law andits implications for colleges and universities. These three handbooks canhelp teachers and librarians with making a confident copyright decisionfor their institutions, thereby better serving and educating users.

Sarah McHone-ChaseInformation Delivery Services Librarian

Northern Illinois University

Dow

nloa

ded

by [

Way

ne S

tate

Uni

vers

ity]

at 1

8:38

26

Nov

embe

r 20

14