1. Copyright and Academic Publishing Shaping the Future Kevin L. Smith Duke University Libraries

2. 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?

3. If the future seems frightening, The best way to cope is by taking control of it.

4. The irony of 1989 In 1989, CompuServ 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.

5. 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.

6. 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?

7. Course readings and the GSU lawsuit

8. 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

9. HathiTrust, Google Books Here we are seeing that expansive reading of fair use Purpose is VERY important.

10. 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

11. 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.

12. Text and Data Mining

13. License provisions for TDM Access only through approved API. No download of research corpus. Explain research to vendor. Limitations on distribution of “research output.” Fees?

14. 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!

15. MOOCs – © and Open Access © has limited role for materials in MOOC lectures When transformative purpose is clear Harder for materials distributed to participants MOOCs as new opportunity Constrained by © & traditional publishing? Open access materials VERY important! Lower costs for traditional students?

16. Open access – shaping our own future

17. OA opportunities More eyeballs Greater impact Unexpected readers Opportunity to track new metrics Greater control over the scholarly environment Academic freedom!

18. P&T and other OA challenges Diverse business models Adaptation and transition Misperceptions Peer review & vanity publishing “Predatory publishing” The challenge of the new, esp. in P&T process How can we present and evaluate Alt Metrics

19. 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.

20. 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

21. Thanks for listening! Kevin L. Smith Duke University Libraries Kevin.l.smith@duke.edu