Campus Copyright Support
from a University Library
Chris LeBeau
Cindy Thompson
University of Missouri-Kansas City
November 4, 2011
Brick and Click Libraries
2011 Brick and Click Libraries, Maryville, MO
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An Idea is Born
•
Fall 2009 Mid-America Association of Law Libraries
meeting in Columbia, MO
• Kevin Smith, Duke University, Director of Scholarly
Communications, conference workshop
• Participation by librarians from all 4 UM campuses plus faculty
and IS staff
• Decision that UMKC would test a copyright support model and
share with other campuses
• Partnership with IS and faculty to create a model based on
perceived needs
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Why the Libraries?

UMKC Libraries have always dealt with some aspects of
copyright (ILL, reserves, preservation)

Libraries tend to be interested in sharing of information
and emphasis on intellectual property

Public service philosophy – we want to answer the
questions we receive

We own a lot of the material people want to use
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Identification of Copyright
Support Issues
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Limited legal counsel support from the UM System
IS noting potential copyright abuse in Blackboard materials
Library noting a decrease in online reserve submissions
Expansion of online courses and lack of understanding about
the TEACH act
Linking to online resources
Faculty posting materials on open Web sites
Questions about fair use of media materials
Inconsistent policies, procedures, and forms for copyright
compliance across the university
No recognized campus expertise
Difficulty in reaching out to all faculty in 11 schools and on
2 campuses
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Creating the Support Model
• The initial plan:
• Identify interested and knowledgeable librarians to
serve on a small support team
• Engage staff from the Faculty Center for Excellence
in Teaching and Information Services in a planning
process
• Create a comprehensive LibGuide as an online
resource for faculty to refer to, particularly for
course materials
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Creating the Support Model
• Getting our start:
• Gather all UM System, UMKC, IS, Library and other
policies, guidelines and forms pertaining to
copyright and permissions for Kevin Smith’s review.
• Creation of Copyright Advocates from academic
units.
• Creation of a UMKC Copyright email distribution
list for submission of copyright related questions
• Plan a co-sponsored workshop for Fall 2010 with
Kevin Smith retained for a full day of consultation
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Creating the Support Model

Held a half day symposium for faculty with
Kevin Smith
◦ We compiled all documents re copyright for
Kevin’s review.
◦ Kevin reviewed CRR and advised us with
suggested changes
◦ Productive meeting with support team discussing
safe lines in answering questions.
 Advised library on organizational, legal and procedural
matters
 Kevin met with our advocates giving an overview - Kevin
ignited an interest in the reluctant advocates.
 Held a public campus workshop for faculty
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Copyright Support Team
• Normal model – copyright guru
• 7 librarians from University Libraries and Law
Library.
•
Involvement from law librarians, music, interlibrary
loan, librarian with a joint appointment at the
library school, and administration
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Copyright Support Team
•
•
•
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Provide educational and training opportunities for
faculty to better understand fair use and copyright
compliance, particularly as it pertains to the use of
copyrighted material for classroom instruction
Provide expertise on campus regarding fair use and
copyright to provide general guidance for faculty,
including guidance on when to consult with the university’s
legal counsel. No legal advice given.
Provide a communication structure for faculty to use to
ask questions and receive updates on issues or new
developments
Provide online resources and other documentation for
faculty and students to consult
Members often share questions on email received individually before
crafting a response. Turn around time is rapid.
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Copyright Advocates
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A copyright advocate is a faculty member who agrees to serve in an
important support position within their school, college or
department.
Copyright advocates serve as links between their faculty colleagues
and the Copyright Support Team. They provide an invaluable role in
serving as a first point of contact for faculty questions and issues,
referring those on to the copyright support team.
Advocates are not expected to enforce copyright compliance,
nor are they expected to be “experts” on copyright law.
Advocates should never give legal advice.
Suggestions to Faculty Center for Excellence in Teaching and the
University Libraries are welcome from advocates for workshops
and programs on copyright topics. Advocates will help promote
such events to their colleagues.
Liaison librarians are all included in the advocate communications
to keep them involved and informed of these issues
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The Support Structure
UM Legal Counsel
Copyright Support Team
Advocates
Faculty
Faculty
Faculty
Faculty
Advocates
Faculty
Advocates
Faculty
Advocates
Faculty
Faculty
Faculty
Faculty
Faculty
Faculty
Faculty
Faculty
Faculty
Faculty
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Educational Copyright
Programs and Resources
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The Copyright Support Team provides
Annual workshops
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2010—Fair Use with Kevin Smith, Duke University, speaking
2011—Fair Use of materials in Blackboard
Smaller presentations
Dental School workshop
IS staff presentations (2 to date)
Copyright Advocates annual meeting
Webinars co-sponsored by FaCET and the Libraries
open to faculty and/or library staff
Copyright LibGuide:
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http://libguides.library.umkc.edu/copyright
Institutional membership to the Center for
Intellectual Property
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LibGuide
http://libguides.library.umkc.edu/copyright
2011 Brick and Click Libraries, Maryville, MO
http://library.umkc.edu/copyright
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Problems with University
System Regulations
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Problems with University
System Regulations
•
Reference to the 1976 “Classroom
Guidelines” in Collected Rules and
Regulations - dated
•
TEACH Act - Need for Guidance
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Conversion from Analog to Electronic
Amount of Material Transmitted
Non-dramatic v. Other Works
Issues for Streaming
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University System Regulations
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DMCA
◦ No mention of Rulemaking Exemptions
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No mention of other standards
◦ Guidelines for Educational Uses of Music
◦ CONTU Guidelines on Photocopying Under Interlibrary Loan
Arrangements
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Need recognition of role of Licensing
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Need recognition of “Best Practices”
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Classroom Guidelines
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Many universities no longer use.
◦ Duke http://library.duke.edu/about/depts/scholcomm/copyrightand-fair-use.pdf
◦ University of California
http://www.universityofcalifornia.edu/copyright/fairuse.html
◦ Georgia State http://www.usg.edu/copyright

Georgia State plaintiffs seek to enforce Classroom
Guidelines
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See also ALA Copyright Articles, Daniel Lee, Fair Use
and Guidelines, ALA.
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Best Practices
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Checklists
ALA Office for Information Technology Policy
Columbia University Fair Use Checklist (PDF)
Columbia University TEACH Act Checklist (PDF)
University of Texas TEACH ACT Checklist
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Handling knotty questions
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Questions to Support Team Members
◦ Is the answer obvious?
◦ Are alternatives available?
◦ Does the Copyright Guide have clear guidance?
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If Unsure?
◦ Forward to colleagues on Support Team
◦ Arrive at consensus and respond to faculty
◦ Or Forward to Legal Counsel in Columbia if necessary
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Questions Faculty Ask
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Can I put database articles on Blackboard?
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How much can I put on Blackboard /Moodle?
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Can I have this VHS digitized and uploaded to
Blackboard/Moodle?
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Can I scan chapters from an out-of-print textbook and
e-mail it to my students?
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Can I show foreign films to 10 groups of high school
students coming to campus for a film festival day
organized by the foreign language faculty?
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Questions Faculty Ask

Do we need permission to copy database articles for coursepacks for a
course taught by UMKC faculty to a cohort group of employees at a local
business held on their premises and who are not enrolled through the
Registrar?
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Dental faculty wanted to know whether they needed permission to use
articles and images for CEU classes they teach in a distance ed situation.
Students are not officially enrolled at UMKC.
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Law faculty also teach CEU classes for lawyers.
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So, what constitutes a student?
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Questions Faculty Ask
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Can I show YouTube in class?
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How about Netflix?
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Oxford Art Online images?
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Options
Have your options handy!
 Refer questions up to legal counsel if needed.
 Make it easy for faculty to link to electronic
subscription resources.
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◦ Provide a primer on creating those links with your proxy server
information.
◦ Offer to provide the link for them.
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Partner with faculty on Blackboard.
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Strengths of a Team Approach
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Checks and balances of a team
Improved stature and credibility of the library
Improved faculty satisfaction
Raise the education and awareness of staff librarians
Provide education about the TEACH Act as required
TEACH Act compliance from faculty
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Team Accomplishments

The new University regulations and LibGuide together
will give faculty concrete resources
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Integrated approach -- instructional designer and online
certification course (includes copyright ed)
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Replace eReserves with Librarian-Blackboard
integration
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How can I create a copyright
support team?
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Make sure you have:
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People who are interested and knowledgeable about copyright
Willingness to learn
Provost/administrative support
Campus recognition and buy-in
Point of contact for help - identify individuals
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Room for improvement

Issues of authority, credibility, visibility, communication,
awareness, and knowledge building
◦ Advocates have not been as heavily used as we’d like
◦ Communication could be improved
◦ Lack of visibility and awareness
 Plan more educational programs
 Add copyright Q&A in faculty newsletters
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Lack of specific answers for all questions
Improve communication with Information Services
Find ways to put things in writing so as not to give legal advice
We need to establish ourselves
 Provost interest has been lacking
 Need stronger buy-in from the 11 Schools and Colleges
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What’s Next for UMKC?
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Turn attention to students’ questions and education
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Continue to expand useful copyright information on our Copyright
Guide
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Work with other campuses in UM system to share information and
answers – ensure consistent answers
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What’s Next for Libraries?
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Libraries need a good resource everyone, anywhere can
refer to for decision making
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Continue librarian education
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Better Library Science Program education
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Contact Information
Chris LeBeau
Assistant Teaching Professor
University of Missouri /
Research & Liaison Librarian
University of Missouri-Kansas City
lebeauc@umkc.edu
Cindy Thompson
Director of Public Services
thompsoncym@umkc.edu
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