Scholarly Communication: Critical Thinking, Ethical and Legal Issues NCLA College and University Section Webinar August 30, 2017 Joyce L. Ogburn Paul Orkiszewski Appalachian State University As administrators, publishers, scholars, librarians and others have sought to change the long-standing practices and conduct of creating and disseminating new knowledge, principles have emerged to inform the change process. These principles have guided the development of strategies for formulating and implementing policies, and have provided a foundation for understanding and navigating the politics of open access. I will cover these areas rather superficially today along with some of the expectations and issues of open access. At the end I will address briefly the ties to information literacy. We will get more into depth in our future presentations. Let’s start with a few definitions.

Presenters Joyce Ogburn - Digital Strategies and Partnerships Librarian Paul Orkiszewski – Lead Librarian for Acquisitions

ACRL Intersections ACRL Working Group on Intersections of Scholarly Communication and Information Literacy. (2013) Intersections of Scholarly Communication and Information Literacy: Creating Strategic Collaborations for a Changing Academic Environment. Chicago, IL: Association of College and Research Libraries. http://acrl.ala.org/intersections

Critical Thinking, Ethics and Trust Joyce

Critical thinking ACRL Framework (three concepts) Digital literacies Economics of information creation, dissemination, use, and preservation Credibility, authority, trust Choosing where to publish and how Understanding research process, cycles, outputs Creating and evaluating new forms of scholarship Applying legal concepts and law

Information has value Information possesses several dimensions of value, including as a commodity, as a means of education, as a means to influence, and as a means of negotiating and understanding the world. Legal and socioeconomic interests influence information production and dissemination.

Authority is constructed and contextual Information resources reflect their creators’ expertise and credibility, and are evaluated based on the information need and the context in which the information will be used. Authority is constructed in that various communities may recognize different types of authority. It is contextual in that the information need may help to determine the level of authority required.

Scholarship as Conversation Communities of scholars, researchers, or professionals engage in sustained discourse with new insights and discoveries occurring over time as a result of varied perspectives and interpretations.

Ethics Attribution (Mis)representing one’s work Withholding information Research practices Citation practices Publishing and dissemination practices

Authority Expertise Reputation Experience Credentials Citations Credibility Familiarity

Trust Questions of quality Source How created, disseminated Who Where Form How created, disseminated Questions of practice

Journal credibility DOAJ ThinkCheckSubmit OASPA COPE

Survey Trust and Authority in Scholarly Communications in the Light of the Digital Transition University of Tennessee and CIBER Research Ltd December 2013 http://ciber-research.eu/download/20140115-Trust_Final_Report.pdf

According to interviewees, the top five reasons for choosing/trusting a citation were: the author was known to the researcher; the journal or conference proceedings were known to the researcher; the reference was a seminal work in the field; the reference supported their methodology; and the research group/institution was known to the researcher.

Citing your own work to increase your H index citing papers in the journal to which the manuscript is being submitted; reviewers ask authors to cite their own papers; citing very high impact articles because they set the Trust in Scholarly Communications 19 research agenda/benchmark and represent the very pinnacles of science; cite post hoc ─ use citations to support your position, give your ideas more weight (this is particularly important if your ideas are original or novel), even cite non journal articles to achieve this; citing the first source on the topic and the most recent one is essential; cite review articles as a form of bibliographical shorthand. Poor conventions and practices identified in the interviews and in the focus groups included: cite your own work to increase your H index cite papers in the journal to which the manuscript is being submitted; reviewers ask authors to cite their own papers; citing very high impact articles because they set the Trust in Scholarly Communications 19 research agenda/benchmark and represent the very pinnacles of science (provide a halo effect); cite post hoc ─ use citations to support your position, give your ideas more weight (this is particularly important if your ideas are original or novel), even cite non journal articles to achieve this; citing the first source on the topic and the most recent one is essential; cite review articles as a form of bibliographical shorthand (you don’t have to individually cite all the pertinent articles).

Legal Issues Paul

Scholarly Communication: Copyright To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Scholarly Communication: Copyright To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Scholarly Communication: Copyright Copyright protection subsists in “in original works of authorship” (not copied) which are “fixed in any tangible medium of expression.” 17 U.S.C. § 102

Scholarly Communication: Copyright Literary works Musical works Dramatic works Pantomimes and choreography Pictorial, graphic, and sculptural works Motion pictures and other audiovisual Sound recording Architectural works

Scholarly Communication: Copyright We all own thousands of copyrights. Much of what we encounter in our daily lives is protected by copyright. Includes physical works and those we find online Copyright notice (e.g. © 2017 by Paul O) is not required.

Scholarly Communication: Copyright Rights of Copyright Holders Reproduce a work Distribute a work Make derivative works Public display or performance

Scholarly Communication: Copyright Copy rights can be transferred To publishers or any other “person” Contract law Know what your rights are when you: Submit Have item accepted Grant license to publish

Scholarly Communication: Copyright Copy rights can be retained And doled out case-by-case And managed globally Creative Commons

Scholarly Communication: Fair Use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. § 107

Scholarly Communication: Fair Use … teaching (including multiple copies for classroom use), scholarship, or research …

Scholarly Communication: Fair Use Each application of fair use must be examined on a case-by-case basis Copyright law is mostly defined by civil cases Infringement = a court decision

Scholarly Communication: Fair Use Guidelines – Proceed with Skepticism Classroom Photocopying Guidelines (1976) Use must be “spontaneous” Brevity… Can use 1 chapter or 10% of a work No more than 250 words from a poem Only 1 chart, picture or diagram from a work Must seek permission for subsequent use Off-Air Recording of Broadcast Programming for Educational Purposes (1981) Fair Use Guidelines for Electronic Reserve Systems (1996) Carry no force of law.

Scholarly Communication: Fair Use Four Factors In determining whether the use made of a work in a particular case is a fair use the factor to be considered shall include: P – purpose and character of the use A – amount and substantiality of the portion used N – nature of the copyrighted work E – effect of the use upon the potential market

Scholarly Communication: Fair Use Purpose – E.g. Parody

Scholarly Communication: Fair Use Amount VS.

Scholarly Communication: Fair Use Amount

Scholarly Communication: Fair Use Nature Fiction vs. nonfiction Published vs. unpublished Consumable?

Scholarly Communication: Fair Use Effect on the Market Does the use result in lost revenue for the rightsholder? Occurs when use replaces sale of the work This factor often carries a lot of weight, especially when looking at commercial uses Can weigh in favor if use is transformative (parody, mash- up) Consider that a use could actually help the market for the item! (comment, critique)

Scholarly Communication: Fair Use Is a right Should be exercised Can be reasonably evaluated by non-lawyers

Summary

Resources ACRL Trust and Ethics