Intellectual Property in Library Schools: A Proposal
Intellectual property (IP) topics such as copyright, licensure, and fair use have become critical to today's information professional. This study proposes to explore and analyze the current state of IP education within Library and Information Science graduate programs accredited by the American Library Association (ALA). Despite the importance of IP issues to information professionals, we propose that ALA-accredited MLS/MLIS programs do not require courses focusing on IP issues. IP issues include, but are not limited to, questions of copyright, interlibrary loan procedures, and electronic database licenses. This study will help identify the extent to which IP training in U.S. ALA-accredited programs is available. Through a brief, preliminary questionnaire, e-mailed to all U.S. ALA-accredited LIS graduate programs, we will identify which schools offer courses focusing on IP issues. Follow up interviews will determine the nature of IP courses in accredited programs. The findings will be published on a website accessible by the public. Future researchers will be able to use this information to design studies that can assess the quality of the content of such courses. INTRODUCTION AND RESEARCH PROBLEM Intellectual property (IP) issues present many challenges to the modern information professional. As Shalini R. Urs (2004) noted, “The challenges of intellectual property issues stem from their very nature – their value increases with use, and the value of intellectual property lies in public use!” (p. 202). This observation illustrates why libraries must be able to balance the interests of creators, publishers, and users of copyrighted works. Creating this balance is not simple. Considering the often complex nature of copyright law and the admonition that only Intellectual Property 3 legal professionals provide legal advice, the issue becomes exceptionally difficult to comprehend and manage. Research Problem Through graduate library science courses, future information professionals could be prepared to navigate successfully through the IP challenges they will undoubtedly face during their careers. However, a potential problem exists – perhaps LIS students do not have access to such courses. We were first introduced to this possibility through an article in Information Today by K. Matthew Dames. Dames (2006), who holds a J.D. and M.L.S., has been advocating for IP education in LIS programs. Dames did not conduct a formal study, but he made this observation about IP education in LIS programs: Out of the 49 ALA-accredited graduate library science programs in the continental U.S., I found only two schools—Syracuse University and Emporia State University in Kansas—that offer a copyright course. In fact, less than half (only 24 of the 49 schools) offer a course that addresses information policy or legal issues on any level. (Dames, 2006, para. 11). We decided that a formal study is needed to confirm or deny these observations and to obtain additional information. We believe IP issues are critical to today’s information field. And, as technology increases the possibilities for library and information services, information professionals will face even more IP decisions. Many library projects and services – including digitization projects, interlibrary loan, and electronic materials – “involve a complex understanding of copyright law,” (Dames, 2006, para. 3). For librarians to make sound decisions on these issues, they must have access to education focusing on IP concepts. Intellectual Property 4 Goals and Objectives of Study This study proposes to discover whether library and information science programs are offering educational training on IP issues. Through interviews, we will examine how many schools offer IP courses, whether the courses are required or elective, and whether students are electing to take non-required courses. The frequency in which programs offer IP courses and the factors determining frequency will also be examined. Research Questions and Hypotheses We hypothesize that most ALA-accredited MLIS programs do not require courses focusing on IP issues. It is also possible that some schools do not offer IP courses at all. Furthermore, even at schools that have courses studying IP issues, such courses are likely to be offered infrequently, not have IP issues as the primary focus, and/or have only a small number of seats available. The answers to our research questions – which focus, in part, on type and frequency of courses – will confirm or deny these hypotheses. Benefits and Importance of Proposed Research The proposed research will highlight an issue that has been overlooked within the field of information studies. Our study will set the stage for future researchers. Through identifying the extent to which LIS students have access to IP courses, we will enable future researchers to design studies that can assess the quality of the content of such courses. Our study could lead to further studies on how copyright and IP education could help librarians solve the problems they face in the library and information science field. This research could also increase awareness of the necessity of and demand for copyright and IP courses. The result could be that programs would collaborate on, develop, and offer copyright courses to library students in the future. Intellectual Property 5 While many people are aware that a concept known as copyright exists, very few understand its nature. An understanding of copyright issues, policies, and reasoning could trickle down from colleges to information professionals and to the general public. A course specifically addressing copyright as a whole and solutions to practical challenges could benefit the profession and society as a whole. Lastly, all types of libraries are facing funding issues. A recent San Francisco Chronicle article about “the largest library shutdown in the United States” illustrates this (May, 2007). The March 4, 2007, article discusses the closing of the entire Jackson County Library System, which, according to May, had an average of 1,472,000 visitors per day in 2006. With the funding problems facing libraries, the last problem any library needs is lawsuit costs associated with IP infringement. While IP lawsuits against libraries aren’t probable, the possibility always exists – especially in special libraries at corporations or law firms. James S. Heller (2002) provides several examples of this: ... Newsletter publisher Washington Business Information sued the Collier, Shannon & Scott law firm for making cover-to-cover copies of newsletters and sending them to attorneys throughout the firm. The firm reportedly paid a huge amount of money to the publisher to settle the lawsuit. And in 1999, LeBoeuf, Lamb, Greene & MacRae, a large New York-based law firm, purchased a multiyear photocopying license with the CCC and paid an undisclosed settlement to avoid a copyright infringement suit brought by four publishers. (Heller, 2002, 34). Information professionals in all environments need to know what is acceptable under IP rules. While they cannot advise their organizations in legal matters, they can help to establish Intellectual Property 6 policies and ensure the policies are compiled with by members of their organizations. A proper grounding in IP concepts through graduate courses could give them the background to do this. Assumptions and Limitations This research proposal is presented with the underlying assumption that, in order to make better decisions and recommendations concerning IP issues, librarians should have a proficient educational background in the copyright field. We also assume that graduate courses may be the best opportunity for information professionals to learn about IP issues. There are many ways information professionals may be educated on these issues – graduate courses, on-the-job training and seminars are just some of the examples. IP courses could have many benefits that on-the-job and seminar training may not provide – these courses could allow information professionals to study IP issues in depth early in their careers. On-the-job training and seminars may provide some guidance but certainly wouldn’t allow as much time for scholarly debate and study as courses would. This study assumes IP concepts in relation to libraries involve the major issues and general principles of copyright owner's rights, liability for infringement, fair use and library exemption, audiovisual works, and non-print media. Library services directly related to IP topics include digital information, licensing of electronic information, electronic reserves, and distance education, in addition to the standard issues of photocopying and interlibrary loan. The limitation of the study is that it may be difficult to get the faculty and staff participants to invest the necessary time in order to contribute to the research study. We are using in-person interviews, but we realize that not all schools may be able or willing to participate in such interviews. To help with this problem, we are making interviews as easy as possible for the interviewees. We will also offer an alternative method of providing data so that Intellectual Property 7 we can obtain as much information as possible about graduate LIS programs in U.S. ALAapproved institutions.
Legal aspects of electronic information in the training of information professionals
The increasing effect of information and telecommunications technologies and the growing influence of the market economy in the world of information are modifying the environment in which information professionals act. Change has been significant in the legal field. Along with new problems unimaginable in the past, some of the legal areas traditionally involved in the training of librarians and information scientists have changed. Therefore, it is crucial to reappraise certain aspects of the education of information professionals in view of new technological and economic realities. To highlight the consequences for information professionals, this article analyzes the following areas with legal implications: 1) selection of materials and censorship, 2) access to information, 3) reference services and information brokerage, 4) privacy, confidentiality, and data protection, and 5) copyright.
Libraries and Digital Property Rights
The realization of the digital library — a computer system to enable anyone with a workstation to have access to any of the published works of mankind — has stayed out of reach because of a presumed technical problem. Once a written work is digitized, it becomes so easy to make and distribute copyright infringing copies that publishers would go out of business. A technical solution to thi problem based on trusted systems and digital property rights is now becoming available. The big issues for libraries — social and institutional policy challenges — are still ahead.