1. Institutional Copyright Policy Making Prof. Samuel E. Trosow University of Western Ontario Faculty of Information & Media Studies Faculty of Law strosow@uwo.ca http://samtrosow.wordpress.com Presentation for Progressive Librarians Guild Roundtable July 23, 2014

2. venues of copyright policy-making 1) International treaties /agreements 2) Parliament (Bill C-32 and Bill C-11) 3) Courts: infringement litigation and review of Copyright Board decisions 4) Copyright Board (tariff applications) 5) Local Institutional Policies

3. Local Copyright Policy-making institutional policies are an important yet overlooked venue of copyright policy making often characterized as overly cautious, based on institutional inertia and undue risk-aversion over-reliance on licensing and permissions persists even post-pentalogy development and implementation of fair dealing guidelines (compare AUCC, UToronto, UWO and CAUT) review UWO materials at http://copyright.uwo.ca and compare with AUCC’shttp://copyright.uwo.ca Institutional Policies

4. Growing importance of campus “Copyright Office” Kenneth Crews notes that the growing importance of copyright in education and research has led to increase in professional copyright positions – with a sensitivity to academic freedom and advancement of knowledge escalated demand for more nuanced understanding of the implication of copyright decisions for research and teaching missions I would argue that this mix of expertise is situated within the jurisdiction of librarianship and MLIS programs need to step up their copyright curriculum Institutional Policies

5. “Copyright Officer”: A New profession? Crews says a “new profession of the university copyright officer has taken root” roles and missions vary from campus to campus but Crews reports 30 full time positions at the 100+ leading US research institutions. Crews stresses that universities HAVE CHOICES which will demonstrate the institutional vision if interpretations are narrow or rigid, educational opportunities may be lost Policies can also interfere with academic freedom and risk discouraging creativity Crews identifies 8 general activities for the office: Institutional Policies

6. Diverse Roles of Campus Copyright Office Crews identifies 8 activities: 1.Institutional Policy Development 2.Copyright Education for faculty and others 3.Development of information resources 4.Negotiating and Drafting Agreements and Licenses 5.Dealing with individual transactions/queries 6.National and international advocacy 7.Original research /conference presentations/publications 8.Professional Leadership in associations and events Institutional Policies

7. Some general observations /recommendations While more work needs to be done in this area, I offer some general recommendations: 1.officer must be academic staff (MLIS or eq) with an arms length relationship to admin and with full academic freedom 2.copyright education must not be limited to “don’t do this” but must encourage creativity – a broad view of copyright literacy 3.information resources must be user-centric and understandable with sensitivity to needs of different disciplines 4.guidelines / policies must be flexible (not in the nature of “workplace rules”) 5.stepped up attention to conflicts in licenses with users rights 6.stronger advocacy needed, esp from associations 7.original research / conference presentations/ publications need to be encouraged 8.stronger copyright (and privacy) education must be standardized in MLIS curriculum (certification program?) Institutional Policies

8. Some Rights Reserved This presentation is licensed under a Creative Commons License, although certain works referenced herein may be separately licensed. http://creativecommons.org/licenses/by/2.5/ca/