Copyright and Academic Publishing

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Shaping the Future. Kevin L. Smith. Duke University Libraries. Turn and face the strange. “Changes” and opportunities. Dramatic realignment in academic publishing?. Denied by many publishers. Survey shows faculty satisfaction. ID: 290621 Download Presentation

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Copyright and Academic Publishing

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Copyright and Academic Publishing

Shaping the Future

Kevin L. Smith

Duke University Libraries


Turn and face the strange

“Changes” and opportunities

Dramatic realignment in academic publishing?

Denied by many publishers

Survey shows faculty satisfaction

Satisfaction may be shallow

Opportunities being missed

What is the role of copyright?


If the future seems frightening,

The best way to cope is by taking control of it.


The irony of 1989

In 1989,


made home internet connects possible with a commercial e-mail server

The web was born March 12, 1989, when Tim Berners Lee wrote a proposal on “global hypertext” for CERN

Copyright formalities were finally

eliminated completely.


Digital has broken copyright

Always makes copies

First sale doesn’t work

Education exceptions less helpful

Contracts determine a lot

Line between commercial and non-commercial is blurred

Remix culture frightens creators

Instant copying & distribution frightens rights holders.


Making a photocopy-era law fit in the age of Instagram?

Even the Copyright Office is talking about “The Next Great Copyright Act


Would Congress make

the situation better

or worse?


Course readings and the GSU lawsuit


Possible solutions

An expanding interpretation of Fair Use

Courts have been moving in this direction

Lots of flexibility, but little certainty

Scholars retaining rights

Publish in ways that ensure reuse rights

For yourself AND your colleagues


HathiTrust, Google Books

Here we are seeing that expansive reading of fair use

Purpose is VERY important.


What can we learn from the elephant?

Courts strongly favor transformative purposes

Fair use is the one place where the law can adapt successfully to new technologies

Fair use supports good teaching & research

Opportunities for transformation

Indexing and access

Digital humanities are a particularly strong case


Publishing and DH

New projects defy traditional publishing

Dual publication?

Twice the work for same credit?

Looking for new ways to give credit

For a uniquely useful data set

For a pedagogically helpful visualization

For a digital reconstructed document, inscription, site.


Text and Data Mining


License provisions for TDM

Access only through approved API.

No download of research corpus.

Explain research to vendor.

Limitations on distribution of “research output.”



What is a publication?

Traditional restriction on what kinds of “making scholarship public” count.

Article & book v. “lesser” publications

Translations, reviews, op-eds, blogs, curated data sets

Digital humanities, data visualizations, video projects offer boundary cases of publication

Increasingly, scholars are making “unpublishable” works public!


MOOCs – © and Open Access


has limited role for materials in MOOC lectures

When transformative purpose is clear


arder for materials distributed to participants

MOOCs as new opportunity

Constrained by


& traditional publishing?

Open access materials VERY important!

Lower costs for traditional students?


Open access – shaping our own future


OA opportunities

More eyeballs

Greater impact

Unexpected readers

Opportunity to track new metrics

Greater control over the scholarly environment

Academic freedom!


P&T and other OA challenges

Diverse business models

Adaptation and transition


Peer review & vanity publishing

“Predatory publishing”

The challenge of the new, esp. in P&T process

How can we present and evaluate Alt Metrics


Steps toward a solution, libraries

Move from commodity to non-commodity focus

Be part of the transition

Developing skills as information management consultations

More of our work will be customized

Focus on the transition in how we spend money

It may cost more before it costs less.


Steps toward a solution, authors

Share your work as widely as possible

Manage your copyrights

Be aware of your rights when publishing; negotiate

Know your open access options; share your data

Document & present your alt-metrics

Support your library’s strategies

Transition to more open resources

May require cancellations


Thanks for listening!

Kevin L. Smith

Duke University Libraries











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