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Getting the Word Out about the Copyright Claims Board

Ana Enriquez

Miami University Libraries Copyright Conference

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Our approach

  • Worked with University Office of General Counsel to opt out for all our library locations
  • Held a “office hours” session about the CCB for colleagues from Pennsylvania cultural institutions
  • Shared information about the CCB with all library employees via:
    • Email to library employee mailing list,
    • Blog post on library intranet, and
    • Presentation at an all-staff meeting

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What we’ve shared

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What is the Copyright Claims Board?

  • New non-judicial tribunal that can resolve copyright infringement disputes involving claims up to $30,000
  • Began accepting claims on June 16
  • Based at U.S. Copyright Office
  • Lacks many of the procedural protections of federal court, so there is an opt-out option -- when a claimant brings a claim in the CCB, the respondent has the opportunity to opt out. If the respondent opts out, the claimant can pursue the case in federal court, if they choose. 

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Libraries and Archives Opt-Out

  • Libraries and archives have the option of opting out of all claims preemptively.
  • List of libraries and archives that have opted out
  • A library’s opt-out covers any claims brought against library employees acting within the scope of their employment.

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CCB Notices

  • Now that the CCB is accepting claims, people will begin receiving notices notifying them that they are respondents in a CCB proceeding. People may also receive letters that threaten to make claims in the CCB in the future.
  • With an official notice, there is a 60-day window for opting out of CCB proceedings. After that, if the respondent does not opt out, they must file a statement in response, including any defenses or counterclaims. If the respondent does not opt out, the CCB can resolve the case without their participation (a "default" determination). CCB procedure provides no option for an appeal after the claim is resolved. 

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If you receive a notice

    • Notices or letters related to Penn State work: If, despite the Libraries opt-out, you receive such a notice or letter related to your work at Penn State, please pass it along immediately to [specific attorney in Office of General Counsel] and notify the Libraries Office of Scholarly Communications and Copyright.
    • Notices or letters not related to Penn State work: If you receive a notice in your personal capacity, or if you hear from a patron who receives such a notice, please note that it should be taken seriously. Many respondents will choose to work with a lawyer. The Electronic Frontier Foundation is a non-profit that is open to hearing from people who receive such notices and don't know what to do. Their contact address is info@eff.org and more information from them is available on their website.

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Links in text form

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Miami University Copyright Conference 2022�Collaborative Problem Solving:�CONTU – ILL and Resource Sharing

Cindy Kristof

Kent State University Libraries

9/16/2022

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Autobiographical CONTU

  • Started at THE Ohio State University, in the Prior Health Sciences Library, Interlibrary Loan
    • Very early 1990’s – “5/5 Rule” followed very strictly
    • “Blue dots”
    • Rolodex
    • Large book from CCC
  • Kent State University Libraries
    • Document Delivery Librarian

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Williams & Wilkins case

  • Williams & Wilkins Co. v. United States, 487 F.2d 1345 (Ct. Cl. 1973)
    • Court of Claims, then an evenly-divided Supreme Court
      • Ruled that it is fair use for libraries to make photocopies for patrons for their research
  • ARL’s influence
    • Jonathon Miller – Role of ARL in Development of the Copyright Act of 1976
  • Copyright Act of 1976
  • CONTU
    • Commission on New Technological Uses of Copyrighted Works
      • http://digital-law-online.info/CONTU/
        • Chapter 4 – Guidelines

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CONTU Guidelines

  • Attempt to provide clarification for Section 108 (g)(2)
    • What constitutes “systematic reproduction”?
    • What “... aggregate quantities…substitute for a subscription to or purchase of [a] work”?
  • Attempt to mitigate the effects of library subscription patterns on publication market and sales
  • “As part of the review provided for in sub-section 108(i), these guidelines shall be reviewed not later than five years from the effective date of this bill.”

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Changes since 1970’s

  • Subscription costs - “Annual subscription prices range from about $12 to $44…”
  • Growth of scholarship and proliferation of journals
  • Changes in publication standards for reappointment, tenure, promotion (more is “better”)
  • Electronic journals and licensing
  • Open Access
  • Problem: a lot of journals, subscription cost increases above inflation, fees, failure of library budgets to keep up with cost increases or outright cuts to library budgets, expensive Copyright Clearance Center fees
  • Does this present a problem for your institution?

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Alternatives to CONTU

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More on alternatives to CONTU

  • David Ketchum, Kristin Walker, Laura Ramos, Northwest Interlibrary Loan Conference - “Guidelines are Guidelines and New is Relative” – 2020
    • https://youtu.be/euz5QkoCcf4
  • Braegan Abernethy, “Farewell CONTU…” – GUGM - 2022
  • Brandon Butler, Beth Blanton-Kent, Renee Reighart, “Challenging CONTU,” at VIVA 2022
  • Meg Atwater-Singer and me – OCLC RSC 2022

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Who to Involve?

  • ILL/Resource Sharing practitioner(s)
  • Collections Librarian(s)
  • Electronic Resources personnel
  • Copyright and/or Scholarly Communications Librarian(s)
  • Library Administration
  • University General Counsel
  • What have other libraries done?
    • More presentations, more examples