 Welcome to this Information Services Today webinar on Information Ethics, Copyright, and Creative Commons. This webinar addresses content from Part 5, Information Issues, specifically focusing on Chapters 30 and 31. This webinar is part of a 10 webinar series representing the diverse authors and topics of the second edition of my book, Information Services Today, an Introduction. As the editor, I am thrilled to be presenting this webinar series in conjunction with my textbook, Information Services Today, an Introduction. Hearing directly from the contributing authors as they reflect and share their insight on today's information landscape is a unique opportunity to glean from their expertise, both the opportunities and the challenges that lie on their horizon. Kate Merrick, author of Chapter 29 on Information Policy states that information professionals have indeed been leaders in the fight for policies that reflect the profession's core values such as equity of access and intellectual freedom, sometimes at great personal and professional risk. Part 5, Information Issues, Influences and Consequences explores the profession's ethical code and the ideals of intellectual freedom, including how those principles have been challenged in the past and how they are likely to be the focus of controversy in the future. It also examines some legal issues related to information access such as copyright and information licensing. This chapter represents Chapter 30 and 31 from Part 5. Chapter 30 addresses the profession's code of ethics that guide information professionals to perform their work and serve their communities while upholding the field's professional values. Chapter 31 focuses on the evolving field of copyright and the creative commons. Of tremendous value to this book are its contributing authors. These authors were specifically chosen for their expertise, passion and commitment, not only to the field of information science but also to the professional development of tomorrow's information leaders. I would now like to introduce the panel of authors for this webinar. Martin Garner is Dean of the Kramer Family Library at the University of Colorado Colorado Springs. He has also taught a range of courses for the University of Denver's Library and Information Science program since 2005, including professional ethics, intellectual freedom and copyright. He is the author of Chapter 30 on Information Ethics. Mary Minow is a Berkman Klein fellow in the Harvard Advanced Leadership Initiative. Formerly, she was counsel to the Califa Library Group in California and editor of the Stanford Copyright and Fair Use site at httpfairuse.stanford.edu. She is co-author of Chapter 31 on copyright and creative commons. Liz Hamilton is a copyright librarian at Northwestern University Libraries. And, and, well, I have that edited out at Northwestern University Libraries. And she is also co-author of Chapter 31 on copyright and creative commons. There are six key themes to the second edition of information services today in introduction. Chapters 30 and 31 address four of those key themes. These chapters all provide a state, an overall state of the field beginning with the history of the information organization and key influencers to forecasting future trends and issues that will require information professionals to remain forward thinking. They also address how libraries and information centers will remain valuable entities in their communities, but to thrive they will need to remain creative, innovative and technologically advanced. Additionally, they address new competencies, roles and opportunities for information professionals. And finally, they address challenges and key issues of the field and for the sustainability and essentialness of the information organization. So Martin, Mary and Liz, what are you, what is your interpretation of these themes and how do they specifically relate to your chapter's content? Martin, let's begin with you. Thanks, Sandy. So in terms of the key themes. When it comes to new competency roles and opportunities for information professionals. I think that one thing that's really important is looking at the role of ethics in a profession to see how that helps define what makes it not just a job but actually a full field, a full discipline that has a code that guides what it does. It also discusses how to best put those principles into action. And that is really what, when you look at policies that libraries have, look at procedures that we have, they don't come from nowhere, they are all rooted in our ethical values and our professional values. And then finally, in terms of competencies, it's important that information professionals at any stage in their career become comfortable in how to resolve ethical dilemmas. And that is something that you can only do with time. So, practicing over and over again through scenario training is a great way to do that. And before the theme of sustainability and essentiality, I think that something that we have struggled with for some time or at least we talk about struggling with it is how to continually demonstrate that we are relevant as a profession but also relevant as that our principles are still relevant. We have a code of ethics that was first written in 1939. You may wonder, have these analog principles survived into the digital day. Thank you so much Barton and Mary and Liz. A theme of the information professional developing new competencies is, couldn't be stronger than in the realm of copyright. It's not something librarians had to think about in the past but it becomes infused in every day when they are collecting and creating content. And a theme that we're looking at a trend is that librarians and users are creating more content themselves in addition to collecting content. And Liz. So Mary has discussed that librarians and users are now creating content, but we are also continuing to use content. The ever increasing amount of digital material that's being made available in our collections on the internet and everywhere else is a huge issue for information professionals. So the shift toward the digital is really changing the landscape of information organization. As we discussed in our chapter, there's we have issues of copyright and issues of licensing which interact intersect but are not the same. Copyright law provides creators with certain exclusive rights on their work to encourage them to continue creating. It also grants users of those works certain rights through provisions like fair use and for sale to ensure that the public can also use those works. And that contributes to the public good. Ideally there's a balance between rights of creators and users. The addition of licensing however can throw a big twist into this equation by agreeing to terms of the license users end up giving up rights that might otherwise be or that would otherwise be theirs under copyright law. Most digital content is subject to the terms of a license. Given this shift toward licensing information professionals really need to develop their understanding of copyright and how copyright intersects with digital content and licensing issues, and we're going to talk about some more examples of this later on. Thank you so much, Mary and Liz. I wondered if any of you wanted to have any further comments about these themes that you observed or any further discussion on these topics before we move on to the next one. Okay, well, let's let's move on then. I will move on to will direct our attention now to today's information landscape. So the first edition of this book came out three years ago, and the field of library and information sciences in constant flux so there's been continuous change. So what are some of the key changes as they relate to your chapter's topic that have occurred in the last three years. So Martin will start with you. Thanks, Sandy. In the end of my chapter I talk about some of the the areas that people should be thinking about and in the first edition I did include diversity. But even in that time, we've seen a greater emphasis placed on equity diversity inclusion, especially at the national professional level the American Library Association adopted a fourth strategic direction in addition to professional development advocacy and information policy, and they've added equity diversity inclusion and you've seen an explosion of activity in the association. And I think a general interest in the profession on how we can promote these values and also continue our long efforts to try to make our profession be more reflective of the communities that we serve. There's also been a new more obvious tension between social responsibility and censorship. We were seeing surveys where students are less supportive of free speech and they've been in the past and more supportive of making sure that social justice is important and so trying to find the intersection where we can still promote both of those values is something that we will. We're now having more conversations about and privacy is the third area that I'll just touch on quickly. We have seen a continued erosion and privacy we've seen all the data breaches we've seen attitudes change. And it's something that we've been seeing happen for a very long time, but it's continuing to erode and question whether or not this is a value that we continue to promote. Thank you very much Martin and Mary and Liz. Well, finally, there's some good news for the library world in terms of copyright as fair use has been winning the day into major cases the author's skill versus Google and the author's skill versus how do you trust after a decade of litigation. Google books. The first case came out with a strong ruling that it is fair use when Google scanned library books in order to create the Google, the Google book search that you see on the left side of the screen, and that many of you probably use all the time. It's essentially created this fantastic index of all the books that have been scanned by keyword inside the book. But they were sued by the authors and the publishers and the final resolution is that making snippets available just small bits is is possible and actually leads people to the libraries into the library books. If you see more than a snippet that means that it's a book in the public domain or that permission has been given by the copyright owner. This was the second circuit judge Laval wrote the ultimate goal of copyright is to expand public knowledge. And you know it's always a balance between incenting the creators and making information available. So this is a very strong win for the library world. And more directly it was the how do you trust decision 2014, which was a decision welcomed by the library community, when the authors guilt sued a collaborative digital repository from research libraries that included some of the scans from Google and other scans, and the court ruled that these full scans were necessary for the full text search, and also in full for users with print disabilities, and and also okay to have a reasonable number of backups you might take that for granted but it was under litigation and now we know that it's okay to have some some backups in case of a disaster. And I think I'll pass it on to Liz. Oh, this is me too. In terms of the users becoming more content creators in the libraries it's more important than ever to pay attention to a safe harbor in the law that makes it so that a library is not responsible when their users post copyrighted content. It's not a library users page, maybe they're writing a poem or maybe they took somebody else's poem and, and if they're putting it on your page you want to make sure that the library is not liable. And although this law, this provision of the DMCA digital millennium copyright act has been around for about a decade or more. January 1, 2018 was revamped changed and it's time to do it again if you haven't designated an agent with the copyright office. Then it's time to do that right now because once you have have registered an agent and followed some pretty simple instructions, big improvement from the past. You can be pretty much Scott free if somebody does one of your users does in French copyright as long as you follow the notice and take down provisions. So go to the copyright office website to see that page. Now it was. Thanks. So another key set of changes in the copyright world have been in the copyright office itself. So the US Copyright Office is currently housed in the Library of Congress and the Register of Copyrights who heads that office is appointed by the Librarian of Congress. Since the last edition of the book there've been several events of note. 2016 Librarian of Congress Carla Hayden reassigned Maria Palante who is then the Register of Copyrights to another role within the Library of Congress and appointed Associate Register Karen Temple as the acting register. Shortly thereafter Palante resigned from her role at the Library of Congress. So this is a pretty big change. Following this event. There have been a couple of different proposals to alter the copyright office. There's legislation proposed in 2017 that would make the position of the Register of Copyrights subject to presidential appointment and Senate confirmation. There's also in 2017 the Copyright Office for the Digital Economy Act which was reintroduced in the House and proposed to establish the Copyright Office as a separate independent agency in the legislative branch also with a director appointed by the president. So this proposal would remove the Copyright Office from its current location and take it out of the Library of Congress. Information professionals have concerns about both of these proposals that this would tilt the balance of copyright toward copyright owners away from copyright users and would generally be to the public's detriment and slope modernization of the Copyright Office. That said this legislation has not yet passed but these ongoing changes are highly important for information professionals to keep an eye on. On the next slide I'll talk very briefly about the another element of the DMCA which Mary mentioned which is the Triennial DMCA proceedings so every three years. So let me step it back for a second. The DMCA is a part of the copyright law that prohibits circumvention of technological measures that control access to copyrighted work even when that circumvention doesn't infringe copyright itself. Every three years the Library of Congress makes recommend or can make temporary exemptions to this prohibition for certain classes of works. So on that three-year cycle right now so information professionals should pay attention to new developments and exemptions to this role that will affect them and their users. Thank you very much. So, so Martin and Mary and Liz are there any other observations that you would like to make with regard to some of the kinds of things that we're seeing in today's information landscape some of the changes that we're observing. Anything more you would like to add or. So just one thing that I wanted to note and you know this actually is something else that has basically happened about the same time that the first edition came out was that the Committee on Professional Ethics of the American Library Association did issue an interpretation of the code of ethics about copyright. In the short summary of it is that it says that librarians have an ethical information obligation to become more educated about copyright and about fair use and educating our users about their rights under the law. And so especially if as the law is looking to perhaps change, I think that it's there's an even greater imperative for librarians to stay informed about this so that we can educate our users and inform them of what their rights are or what rights they could be losing. Great point Martin. That makes sense because the need for users to understand copyright as well as librarians to understand copyright is greater than ever. One thing that you mentioned Martin was the trend towards greater inclusion and I think that is consistent with this greater space that libraries are offering to our users to create and you can be an author you can be an author you can do a podcast and that's adding to the copyright the need to inform people about how copyright works. Great. Well, thank you very much. So let's now direct our attention to the future. What trends or emerging issues will impact the field of library and information science as it relates to your chapter's topic. Martin will begin with you. Thanks, Sandy. So, I kind of feel like this is a test to see that when we get to the third edition of the book if we predict correctly. So looking ahead to the future. I think that there's going to be a greater emphasis on the ethical use of information, especially as we continue to talk about fake news and its proliferation across the political spectrum that librarians of all types will really be hard pressed to keep up with the educational needs of our users so that they understand how to use and consume and share information in an ethical way. I also think that our continuing shift to digital content brings up all sorts of access issues that are a great concern to us. We are seeing increasing loss of the ability to share information or make it available to patrons who might not be the central affiliation of our of our communities coming from an academic library perspective. We're always working with vendors and having to push back to say we still want to have our guests come in and have access to our ebooks. And so as we put more and more stuff into digital content and have less that people can physically touch, that's something that we have to continue to fight. And also as our service models continue to shift away from having service points where you can interact with professionals to more single service points where we have more flexible staffing and perhaps have some of our folks with the ethical training in back rooms that is not available to assist patrons face to face, we have to make sure that the level of service that we're providing on the kind of service that we're providing is still informed by our principles. Thank you very much Martin and Mary. We have many of our users creating works in library space online or or in a physical space. As Martin said it's an ethical obligation to let them know about copyright more. And in the book we have this chart that we go into much more detail but briefly. And we are grabbing pictures off the internet many of us think that they're free to use in fact that's not the case the default is that they're copyrighted. So you want to make sure that something is in the public domain that's the blue diamond at the top. If it's not in the public domain then you want to make sure there's a specific exception in the copyright law section 108 is the exception for library use of some items under certain circumstances. If you want to take a look to see if you fit in there, if not, and usually the answer is not, then you want to go to the gray, and it's deliberately colored grade that great diamond for fair use where you make an assessment based on for specific fair use factors, whether or not you think it's a fair use and we describe that in the book so this has become more relevant now and tomorrow as I think the trend is only going to be going to explode with users creating content and librarians creating content. And if you can't make a fair use case and you need to get permission that's green for money green for go, or you could start with getting permission that that's that's one way to go. Next slide I think to keep an eye on Martin was talking about our guests in the academic libraries not having access to some of the digital content like ebooks. It's an exciting project to keep an eye on the open library project of the Internet archive has been around since 2010 but it's been is exploded with a new iteration called called library 2020 or open libraries that we describe in the book. And it's a, it's not using those licenses you don't have to plead with your vendors. The Internet archive is actually scanning the print books and making them available on a two week long basis to users one to one and relying completely on copyright law. So this is something to not only keep your eyes on but, but if your library is interested in in being a participant in this. It's for older books primarily it's for 20th century books, the most part work, and the new iteration is if you own a print copy of a book in your library, you can lend an e copy if you sign up with this this project to the user so you take the print book off the shelf, if the ebook is out and vice versa only one copy is out at the time. And this all depends on whether or not, in large part whether or not the courts agree that that is permissible under copyright law and the redigi case is is a case that we're really keeping a close eye on that was will describe. Yeah, so redigi is a case that will certainly impact library and information science as it relates to copyright. Very, very briefly, redigi is an online marketplace for pre owned digital products. So it functions as the digital equivalent of a used bookstore. That is users can upload digital media to redigi's platform, their redigi's technology then verifies that these uploaded files are legal copies of that media and that verified media is then eligible for resale on the platform. So when a buyer and seller agree to a transaction the media file is transferred from the seller to the buyer through redigi's patented process, by which a copy of the file is not made but rather transferred much as one might sell or give away a physical book CD or record under the first sale doctrine. However, capital records sued redigi for copyright infringement in 2012 claiming redigi was copying that material during the transfers. Courts held that redigi infringed cap capitals exclusive rights of reproduction and distribution despite redigi's arguments transfer was permitted under the first sale doctrine and for use doctrine, which we talk about more detail in our chapter. The case is currently on appeal and the outcome will definitely impact our understanding of how for sale and fair use applied to digital content licensing libraries things like open library and more so stay tuned for the results. And then a final important emerging issue for libraries is the possibility of section 108 revision section 108 is the library and archives exception in the copyright act, which allows libraries and archives to reproduce and distribute certain copyrighted works without permission on a limited basis for preservation replacement and research. There has been ongoing discussion of ways the exceptions provided in 108 might be revised for the digital age. Most recently the section 108 discussion document released by the copyright office in 2017. The current proposals for revision were not initiated by libraries and the library organizations generally oppose the revision. The library copyright alliance in particular notes that opening section 108 to changes might end up reducing the rights that libraries currently enjoy under 108, especially because certain rights holder organizations oppose the inclusion of fair use as an option for libraries. This issue is evolving and is one that librarians should definitely pay attention to and advocate for their interests and as it continues to develop. Thank you so much. So I wondered if you had any further thoughts on Martin, Mary and Liz about tomorrow's information landscape and some of the things you see that are emerging. I think that Mary made a great point about some of the alternatives to the ebook licensing battles that we're currently fighting. You know, and while there's been a lot of hope that our efforts around open access journals and open scholarship would eventually bear fruit we've been working on those for for decades. It seems like there's there is some movement in that direction in all sorts of educational institutions. We're looking at open educational resources that are in the public domain or available through a Creative Commons license. And I think that that's gotten the attention of legislators, and I think that that might search trickle down to see how publishing in an open environment might be more beneficial for our users. Thank you, Martin. Mary and Liz, did you have want have anything additional. The digital public library of America is one has launched its pilot ebook project and although it is working with the big five publishers on licensing terms it also allows for all kinds of open access resources that Martin is describing. And so we're really looking forward to seeing libraries popular that because any library that's a participant can onboard their own content, say public domain or Creative Commons licensed works. Great. Thank you. All right. We've addressed the changes of the past few years and the challenges and opportunities that lie ahead at the core of the information landscape are the people who work in these organizations providing services to the communities that they serve. This leads us to focus on today's information professional. So what advice do you have for the new information professional to meet the needs of tomorrow's information landscape and based on your area of expertise what are some of the key competencies information professionals will need to succeed in meeting the needs of their communities and the organizations that they serve. So Martin, what do you think. So I think the most important thing is to learn how to put your principles into practice I mentioned this before and I'm going to say it again. And how do you develop those competencies. Number one you get involved with professional organizations because this is where a lot of the conversations around our principles and how they impact our practice and how they shape what we're doing in a constantly changing world. And so the more involved you are in organizations like your state or National Library Association, then the more chance you have to discuss these, these changes and learn from your colleagues about the latest information. Staying informed on all the issues that impact our work is also really important so however you want to do that if you want to sign up for email newsletters or follow blogs or get involved in local discussion groups, however you do that staying informed at the latest updates is it tells you where you need to work on your information gaps. And then finally, there's this concept called ethical fitness that comes from a book, how good people make tough choices by Rushworth Kitter. And it really emphasizes how practice through scenario training and through other discussions of ethical dilemmas can help prepare you for that time when you were faced with needing to make a tough decision. And so only if you do the work ahead of time, will you then be ready when that dilemma comes up so ethical fitness would be the last competency that professionals should work on developing. Thank you Martin. Mary and Liz. I love that ethical fitness competency. I'm going to give it some thought. When it comes to being informing yourself on copyright issues, there's so much bad information out there. So we're trying to do our best to help people find the best. And the American Library Association has started a series of copy talk webinars on very specific topics like music or the public domain rights or versions so you can just zone right into what you what you want to see and it's from the library point of view. And in addition, we have some other resources listed on the right here that Liz will talk about. If you want a greater listing you can go to the references in our chapter, but we're trying to keep it manageable and doable or else people might run off screaming. Liz. Don't run off screaming. So yes, the copyright landscape is in flux. Martin's advice to stand form and keep up with professional organizations is especially relevant. Many times your regional or national organizations have ongoing copyright professional education so keep your eyes out for that. The library copyright alliance is a great resource as is the we talked about the copyright copy talk webinars already. Those are all archived online and can be incredibly useful to just again go back and zoom in on one topic and see what's out there. Harvard offers a full length law course on copyright out of Harvard Law it's called copyright X. That's a great. If you want a very intensive overview of copyright it's a great course but the video lectures for it are also all online they're on YouTube. And again if you need a focus on one topic for example copyright and music. It's a great resource. The live license discussion list is a really great service it's a moderated list for discussion of issues related to licensing of digital information by academic and research libraries. It's also a great resource on copyright updates which as we've discussed are changing and will continue to change so it's important to pay attention to the newest pieces of information out there. And for that great advice I wanted to open it back up to you to see if there was anything more that you wanted to add that you think would be useful. So, in addition to getting involved with the professional associations and some of the excellent educational opportunities that were just reviewed, I want to put a plug in for some of the regional educational opportunities around copyright. My library happens to offer one every June and it's a free three day conference. So if you can get yourself to Colorado Springs and can register in time you can come and meet with people like Kyle Courtney and Kenny Cruz and Carrie Russell. And we're actually going to be focusing on fair use for this year's conference but it's something that we do every year and so keep your eye out for the Kramer copyright conference and there are other ones like that around the country. Oh, that's great to know thank you Martin. Mary and Liz any last thoughts. It's it's hard to fathom that we're chapters 3031 so much that the information professionals need to know I'm glad because they are to help people along the way. Thank you. Excellent. Well, I would like to thank Martin Garner, Mary Minow and Liz Hamilton for joining us today in this webinar on information ethics, copyright and creative commons. I'm very grateful for their insights, the advice that they shared in this webinar and for their contributions to information services today and introduction to the listener. Thank you for joining us. I hope you gained a deeper understanding of the changes challenges and opportunities within the field of information science. For more information please check out the additional materials available to you via the online supplements and thank you again.