1. What every Faculty Member Should Know about Copyright & Accessibility
H. Stephen McMinn, Director of Collections and Scholarly Communications, Brookens Library
Vance Martin, Campus Accessibility Specialist, Center for Online Learning, Research and Service (COLRS)

2. Outline Accessibility Law – Basics Exceptions Creative Commons
What to tell Faculty – what faculty can/cannot do?
Contract Law vs. Copyright Law
Essentially - “Risk Analysis”
Indemnification and penalties – Good news unless reckless

3. Brief Accessibility 4 federal and 1 IL state law Areas of concern
Use of scans
Use of movies
Publisher content

4. Basics of Intellectual Property (IP) Law
Foundations of IP Laws
Deal between creators and public
Types – Copyright, Trademark, and Patents
The Copyright Act grants five rights to a copyright owner… The right to:
Reproduce the copyrighted work
Prepare/Create Derivative works based upon the work
Distribute copies of the work to the public
Perform the copyrighted work publicly
Display the copyrighted work publicly
Settled Law – Few and far between

5. Settled Law (for the most part!)
First Sale
ILL and Photocopies
Still just limits liability
Public Domain
Easy – Prior to Mickey Mouse – 1922 and earlier
Other years – a whole lot of rules for different dates
Federal Government Documents but not State Documents
Accessibility – mostly for accommodations for individuals
Not much else

6. Exceptions Items/Types not Copyrightable Accessibility
Fed Gov Docs
Consumables
Facts – grey area
Accessibility
Settled for individuals – but not institutions!!!
Transformative Use
TEACH Act
Fair Use

7. Fair Use – The Greatest Exception/Defense
4 Factors
The Purpose and Character of your use – non profit educational use weighs in favor of fair use
Nature of the Work – factual better than creative
Amount and Substantiality of the Portion Taken – use only what you need but the less is more. Georgia State University – set 10% of work less than 10 chapters or 1 chapter unless ‘heart of the work’
Effect on the marketplace – are you trying not to pay? Hurting sales? Is there an established market – easy method to pay?

8. Mitigating factors Transformative Good actor/Bad actor
Acknowledgements/Credit
Disclaimers
Protocols/Policies….

9. What faculty can/cannot do?
Depends on when and where….
In Person – practically anything goes….
Online – much more limited – worthless TEACH Act.
Basic Guidelines
Everything needs to be legally obtained – best if acknowledged
Single Articles – usually no problem – multiple articles from same volume/issue?
Almost anything electronic from the Library – Contracts vs. Copyright
Georgia State – good rule of thumb, i.e. digitized 1 chapter of print book over 10 chapters or 10% of books with less than 10 chapters… except for ‘heart of the work’
Anthologies – 3 works/reading within a single volume
Repeated Use – still a question – GS said stupid…
After that “Fair Use” analysis

10. How Librarians Can Help
Use Links to Licensed Library Resources
E-Reserves
Purchase E-books or e-version of books or similar works

11. How the Library Can Help
Find Alternatives - OA, OER, or CC (Creative Commons) Licensed works
Advise on Purchasing/Seeking Premissions
Reach out to copyright holder
Use Copyright Clearance Center – copyright.com to purchase rights
Willing to work with faculty to find solutions….

12. Good News/Bad News Contract Law vs. Public Law
Contract law for the most part trumps copyright law – works against fair use but most publishers/contracts either allow use explicitly or refer back to copyright law and fair use
No known issues with any of our suppliers/publisher contracts
Essentially - “Risk Analysis”
Depends on willingness of the institution – U of I has clout but also deep pockets so double edged sword – Accessibility non compliance seems a greater risk than copyright at the present, esp. with Georgia State
Indemnification and penalties – Good news unless reckless
State Institution in our case and generally “Good Actors” only liable for real/actual damages

13. Questions/Comments