Reminder of workshop next week: What is your impact?

Going up for promotion and/or tenure within the next year, or want to get a headstart?   Need to identify researchers or journals by discipline?  Want to find out more about altmetrics?   In this workshop for Georgia State faculty and graduate students, Brenna Helmstutler will demo and discuss metric-based logotools from library databases and other applications that will address these questions, and more.  Click here to register.

Date/Time/Location: Thursday, March 5, 2015 from 3:00-4:00 in Classroom 2, Library North 2nd floor.

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Zotero workshop March 5

The library is offering a workshop on the bibliography software Zotero on Thursday, March 5. Zotero is a program that makes it easy to save citations and automatically create bibliographies in Word.

It’s easy to use and free. For more information about Zotero, see our Zotero guide or the Zotero home page.

Thursday, March 5, 2015Classroom 1 (next to Saxby’s coffee shop), Library North, 1-2pm.

Feel free to bring your own laptop (system requirements: Firefox, Chrome or Safari web browser, any operating system) or use our classroom computers.

Registration encouraged but walk-ins welcome. Email Jason Puckett at jpuckett@gsu.edu.

 

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Codes of Best Practice for Fair Use

Fair Use Week

Fair Use Week

Fair use is a part of the U. S. copyright law that helps us build on the culture and the knowledge that has come before us. Fair use sets conditions that allow us to make use of copyrighted material without permission from the copyright holder. We use fair use in news, criticism, scholarly writings, teaching, film making, art, poetry, music and more. We use it every day, and much of what we do cannot be done without it.

However, a considerable amount of uncertainty exists over the application of fair use. The Fair Use Fact Sheet from the U.S. Copyright office states, “The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.” This may be true , but if we end the conversation there, we are missing the spirit of what fair use is designed to do.  Fair use is meant to be part of our laws that help “to promote the Progress of Science and useful Arts“.  Yet, when someone decides not to create or use a work because of uncertainties about how fair use applies, then creativity is potentially stifled or self-censored rather than promoted.

Recognizing that additional conversation was needed about best practices for applying fair use within a given field or discipline, The Center for Media and Social Impact (CMSI) initiated conversations between legal experts and professionals within specific fields, to uncover a shared understanding of professional practices around fair use within a community. Exposing this understanding via Codes of Best Practice documents provides each community with a clear set of practices for the community itself, insurers and funders, and courts to consider when making fair use decisions.   Links to some of the Best Practices documents are listed below:

The fair use section of the CMSI website provides a wealth of resources including links to best practices, FAQs, blog posts and featured topics.  For more information about fair use, check out the following resources:

Abdenour, J. (2014). Documenting fair use: Has the Statement of Best Practices loosened the fair use reins for documentary filmmakers?. Communication Law & Policy, 19(3), 367. doi:10.1080/10811680.2014.919813

Aufderheide, P., & Jaszi, P. (2011). Reclaiming fair use : how to put balance back in copyright. Chicago ; London : The University of Chicago Press, c2011.

Falzone, Anthony and Jennifer Urban. Demystifying fair use: The Gift of the Center for Social Media Statements of Best Practices, 57J.Copyright Soc’y U.S.A.337 (2009), Available at: http://scholarship.law.berkeley.edu/facpubs/1228

Jogan, J. (2012). Fair Use in an Evolving Copyright Environment. Computer & Internet Lawyer, 29(11), 22-34.

Olson, K. K. (2014). The Future of Fair Use. Communication Law & Policy, 19(4), 417. doi:10.1080/10811680.2014.955765

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Winter Weather Update

snowflakeGeorgia State University Library will open at 10 a.m. on Thursday, Feb. 26.

Students, faculty, and staff should use caution as they proceed to campus.

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Guide to Using Copyrighted Materials in Instruction

Fair Use Week

Fair Use Week

Copyright and fair use come into play frequently in higher education. Fair use in the area of teaching, is one of the specified uses which may be fair that are listed in the preamble to the four factors. Congress also recognized the importance of teaching in additional sections of the copyright law, including face-to-face and distance education.

To help you navigate the use of copyrighted materials in instruction, the University Library and Office of Legal Affairs created a Guide to Using Copyrighted Materials in Instruction for use by the Georgia State University community. The guide covers copyright in general, exclusive rights of copyright holders, exceptions to those exclusive rights, and permission and licensing for when there is no exception.

Feedback on the guide is welcome, and we hope you find it useful!

Other related resources:

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Winter Weather Update

snowflakeThe University Library will close at 12:00 midnight tonight (Tuesday, Feb. 24). Night classes will be held as usual.

Because of forecasts of severe weather for tomorrow (Wednesday, Feb. 25), Georgia State University and the University Library will be closed.

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New Database: DARE–Dictionary of American Regional English

DAREThe Georgia State University Library is pleased to announce the addition of the online version of DARE: Dictionary of American Regional English to our collections.

Each DARE entry defines a regional word or phrase, provides pronunciation and etymology, identifies the region of the U.S. where that word or phrase is used, and supplies quotations which demonstrate the meaning of the word or phrase.  Words common across the U.S., or those that are highly technical or obscure, are not included in DARE.

To access DARE, please select the linked letter D under the heading Databases by Name A–Z on the Library’s homepage.  For instructions on how to use or customize your use of DARE, please see How to Use Dare.

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Fair Use: The Four Factors

As we announced yesterday, this week is #fairuseweek2015. All week, libraries everywhere are highlighting the ways that fair use supports scholarly and creative work. So what exactly is fair use?ARL-FairUseWeek-Logo-Blue

Fair use is an exception to copyright law that allows copyrighted works to be used in certain ways without the copyright holder’s permission. Copyright law protects the rights of a work’s creator to decide how that work is used (within a specified period of time). The fair use doctrine provides an avenue for users to study, expand, reinterpret, and otherwise make use of copyrighted material in a way that will “promote the Progress of Science and useful Arts.”

That’s what fair use is. Just as important, though, is what fair use isn’t–namely, clear-cut and simple to identify. If you Google “fair use checklist” you’ll find dozens, if not hundreds, of helpful documents created by libraries and university legal departments to provide guidance on whether a user’s intended use of a work is fair. What you won’t find is a website where you can check a few boxes and be awarded a declaration that your intended use is definitely, without a doubt, a fair use. That’s because the question of whether a use is fair in a legal sense is one that can only be answered by taking into consideration four different factors:

  • The purpose and character of the intended use. How will the copyrighted work be used? Uses that are educational and non-profit in nature are more likely to be considered fair than commercial uses of someone else’s original, copyrighted work. This factor often provides the basis for protection of uses such as scholarship or criticism. Another relevant characteristic of an intended use is whether the use is transformative or derivative. A transformative use presents a copyrighted work in a way that is sufficiently different from the original that it can be considered a new expression. For example, in the case of Authors Guild v. HathiTrust, the HathiTrust Digital Library’s use of books scanned by Google was found to be transformative, presented as they are in the form of a searchable electronic database, and therefore a fair use.
  • The nature of the copyrighted work. Is the work fictional or factual? Published or unpublished? Works of fiction are more likely to be protected, since they are necessarily original creations of an author. Likewise, uses of unpublished works are less likely to be fair uses than uses of published works, since one tenet of copyright law is that an author has the right to determine whether and when his/her work is made available to the public. In 1984, former New York Times reporter Kennett Love sued investigative journalist Jonathan Kwitny, who had used Love’s papers (held in the archives at Princeton University) to research his book Endless Enemies. In the first edition of the book, Kwitny reproduced a significant amount of a manuscript from Love’s papers; the use of Love’s manuscript was found to be unfair partly because Kwitny had violated Love’s right to control the first exposure of his work to the public.
  • The amount and substantiality of the portion used. Generally, the smaller the portion of a copyrighted work used, the more likely that use is to be considered fair–quoting a few lines from a book is usually “fairer” than reproducing an entire chapter. That said, there is no hard-and-fast standard (percentage, number of pages, etc.) for how much of a copyrighted work may be used fairly. Several cases have found that using thumbnails of copyrighted images in search engine results is a fair use, since a thumbnail is a diminished version, not an exact replica, of an image. However, using even a relatively small portion of a copyrighted work can render a use unfair if the portion used constitutes the “heart of the work,” or a central, defining part of the work. This concept was the basis of the copyright infringement case brought against rapper Vanilla Ice in 1991 for his unauthorized use in his song “Ice Ice Baby” of a short bass line from the song “Under Pressure” by David Bowie and Queen. Although the sampled portion of “Under Pressure” is brief, it was distinctive and recognizable enough for the court to rule in favor of Bowie’s and Queen’s objection to its inclusion.
  • The effect of the use on the work’s market value. In order to be considered fair, the use of a copyrighted work cannot impinge upon a creator’s ability to make money from his/her own creation. In 1991, shortly after the popular television show Twin Peaks aired, author Scott Knickelbine and the company Publications International, Ltd. published a book titled Welcome to Twin Peaks that purported to be the definitive guide to the series. The book’s publication was not authorized by the show’s creators. The creators sued Knickelbine and Publications International for copyright infringement due to their extensive use of character, plot, and setting descriptions. The primary argument used to support the infringement claim was that the book’s publication would impede the creators’ ability to publish and sell their own version of such a book, should they decide to do so.

It is important to remember that there is no formula for assessing fair use–making a fair use determination involves weighing each of the four factors and examining how they apply in a specific situation. While there is no guarantee that each factor will carry the same weight in any two cases, understanding the basic principles of fair use can help students and faculty use copyrighted material responsibly and effectively.

For more information on fair use in academia, see:

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Fair Use Week

ARL-FairUseWeek-Logo-BlueThis week the University Library and the Law Library are celebrating national Fair Use Week, an annual recognition of the importance of Fair Use in copyright law.

What’s Fair Use?

Fair use is a vitally important part of copyright law. It allows the use of copyrighted materials without the permission of the copyright owner.

Fair use is the legal principle that allows us to legally quote, remix, make fun of, build on, and comment on other people’s copyrighted work. It’s essential to innovation, creativity, scholarship, and technological and scientific progress in many fields.

What’s Fair Use Week?

During the week of February 23-27, libraries, universities and other organizations concerned with freely sharing knowledge will be blogging and holding events all about fair use to spread public awareness.

What’s GSU doing for Fair Use Week?

Watch our blog this week to learn more about why fair use matters to you as a student or faculty researcher. We’re also presenting two programs:

Does Fair Use Really Work? An online presentation by Kevin Smith, Copyright & Scholarly Communication Director from Duke University Libraries. 2-3pm in Library classroom 2, second floor of Library North.

What kinds of content can I use in my course? Working within the law and BOR Policy. Presented by Gwen Spratt of GSU’s Legal Affairs office. 3-4pm in Urban Life room 170.

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Religious Studies Professor Co-edits Book

A Guide for Women in ReligionCongratulations to Dr. Monique Moultrie on the publication of her co-edited work A Guide for Women in Religion: Making Your Way from A-Z (revised edition), published by Palgrave Macmillan.

From the publisher:

The Guide is a welcome companion for women in religious studies. From undergraduates to retired professors, this distilled wisdom of several generations of colleagues is an important book to have handy. Whether seeking a job, preparing for tenure, working at a non-profit organization, entering the publishing world, figuring finances, mentoring or being mentored, the reader will find just what she (or he—men find it useful too) needs to know. This volume reflects the diversity of women’s experiences, the range of opportunities, the pitfalls and promises of religious studies that span ministry, academia, and activism. It is a good investment for one’s future career and a welcome gift for students. This second edition is updated to reflect the rapidly changing field, especially technological innovations.

Recent publications by Dr. Moultrie available through the University Library, include:

After the Thrill is Gone: Married to the Holy Spirit but Still Sleeping Alone.” Pneuma: The Journal of the Society for Pentecostal Studies 33.1 (2011): 237-253.

New Perspectives On The Montgomery Bus Boycott.” Journal Of African American History 94.1 (2009): 92-96.

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