1. 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.

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

3. 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.

4. Critical Thinking, Ethics and Trust
Joyce

5. 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

6. 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.

7. 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.

8. 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.

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

10. Authority Expertise Reputation Experience Credentials Citations
Credibility
Familiarity

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

12. Journal credibility
DOAJ
ThinkCheckSubmit
OASPA
COPE

13. Survey
Trust and Authority in Scholarly Communications in the Light of the Digital Transition
University of Tennessee and
CIBER Research Ltd
December 2013

14. 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.

15. 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).

16. Legal Issues
Paul

17. 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.

18. 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.

19. 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

20. 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

21. 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.

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

23. 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

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

25. 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

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

27. 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

28. 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.

29. 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

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

31. Scholarly Communication: Fair Use
Amount
VS.

32. Scholarly Communication: Fair Use
Amount

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

34. 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)

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

36. Summary

37. Resources
ACRL
Trust and Ethics