Person: Courtney, Kyle
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Courtney
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Courtney, Kyle
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Publication Copyright Law’s Role in Advocacy and Education for Open Access Policies on Campus(Association of College and Research Libraries (ACRL), 2019) Lukens, Colin; Kipphut-Smith, Shannon; Courtney, KyleOver the past decade, colleges and universities have been adopting institutional open access (OA) policies that encourage, direct, or give rights to authors to make their research publicly available in institutional repositories (IRs). These networked databases are often created to serve these OA policies, distributing an author’s research to a global online audience. Without copyright law, these policies and the supporting IRs could not exist: copyright law is the engine of a successful OA policy and thereby a successful IR. In particular, US copyright law features a statute that allows creators to transfer rights for a work without actually giving up total control of it. These non-exclusive rights are the foundation of the OA movement in the US. This chapter begins with a brief introduction to the benefits and management of OA policies, focusing on their basis in copyright law and author rights. It continues with an examination of the ongoing disagreements among OA practitioners and publishers about what OA actually means and how the term “open access” can pose communication and workflow challenges for those working with institutional OA policies. Within this context, the authors describe common OA policy workflows and the activities librarians undertake to determine what version of an article can be deposited in an IR as well as how to communicate these nuances to campus stakeholders. It concludes with advice on how an IR can be used to advocate for author rights and comply with copyright law.Publication University libraries in the digital era(Edward Elgar Publishing, 2016) Courtney, Kyle; Kilcer, EmilyPublication The Origins and Future of Fair Use/Fair Dealing Week: Why Should Libraries, Museums, and Other Cultural Institutions Participate?(Association of College and Research Libraries, American Library Association, 2019) Courtney, Kyle; Cox, Krista L.Fair Use/Fair Dealing Week is a great example of successful grassroots organizing by cultural institutions, including libraries, archives, museums, and other institutions to celebrate one of the most critical of all copyright topics: fair use (and, later, fair dealing).Publication What’s Fair about Fair Use? The Battle over E-Reserves at GSU(Harvard Law School, 2014-11) Courtney, Kyle; Fisher, William; Moroney, ElizabethThe fair use case study puts students in the strategic and decision-making position of the legal counsel at Georgia State University, faced with responding to a copyright infringement suit from Cambridge University Press, SAGE Publishers, and Oxford University Press. The publisher-plaintiffs alleged that 6,700 electronic course materials exceeded reasonable standards of educational fair use. However, the “reasonable standards” were up for debate: the copyright statute of fair use is intentionally flexible, but over time, clear-cut extralegal guidelines made their way into court decisions. For decades, publishers, authors, libraries, and universities had yet to reach consensus about best practices and workable standards of fair use. With the complaint lodged against GSU, the contention had become cannibalistic: the publishing arms of universities suing universities. The case surveys the legal and extralegal history of educational fair use; the relationship of universities and academic publishers; the history of litigation surrounding coursepacks, reserves, and electronic course materials; and the copyright policies at GSU. Participants adopt the position of GSU’s general counsel to weigh risk and decide whether GSU should settle or take the suit to trial. The case also gets students to consider the strengths and limitations of existing copyright law, the impact of technology on fair use, the interests of various stakeholders, and options for building consensus among such stakeholders.Publication Digital Publishing: A Home for Faculty in the Library -- Exercises in Innovation from Harvard Law School(2018-02-22) DeMarco, Claire; Courtney, KyleAs libraries continue transforming through the digital age, we are faced with a familiar opportunity for renewal: the deepening of the faculty-library relationship -- this time in a digital framework. Instead of simply complementing analog disciplines with digital counterparts, a broader medium of “digital scholarship” is rapidly expanding among and across all disciplines. Like any rapid expansion, there is no one clear path. Hundreds of platforms are vying for prominence in the digital scholarship space; commercial publishers are developing, enhancing, and re-branding online portals to meet this demand. Rather than coping with that uncertainty, however, or formatting their work to fit a standard, commercial digital mold, many faculty are turning to trusted sources: librarians. Faculty are seeking guidance, support, and resources to meet their digital scholarship needs, meaning libraries are presently in a position to become the place where -- and the partner through which -- faculty create, manage, and store digital scholarship placing libraries in the position of digital publisher. In recent years, commercial publishers have positioned themselves to transition traditional print journals and monographs to e-publishing platforms aimed at merely replicating the print experience. Ongoing management of those platforms, along with development of licensing and payment structures, have likewise attempted to replicate the print experience. Debate has surrounded library ownership of electronic resources, and the divorce of licensed content from traditional modes of print ownership has been, and continues to be, an area bereft of clarity and mired in controversy. This current opportunity is more than a mere transition, however, it is an expansion – a broadening of our understanding of scholarship, not to simply replace print with digital, but to encourage and understand the opportunities of the digital environment as a new medium for faculty. As we face this evolution from replicating print in a digital environment, to authoring and creating within a digital framework, libraries must be assertive in taking on the challenges of developing a home for this content and become comfortable with digital publishing as a core library function. This article highlights specific examples of desire by faculty at Harvard Law School to push legal scholarship beyond the constraints of traditional commercial publishing. Harvard Law School Library, like any other academic library, is navigating the expansion of scholarly formats to the digital realm, as well as the demand by faculty to support new, and evolving, approaches to scholarship. Analysis of these examples will focus on the unique role that the library has in stimulating, supporting, and sustaining, faculty publishing efforts, in addition to the challenges presented by the new, and potentially uncomfortable, proposition of library as a digital publisher.Publication The MOOC Syllabus Blues: Strategies for MOOCs and Syllabus Materials(ACRL Publications, 2013) Courtney, KylePublication Copyright in the Digital Age(Scarecrow Press, 2013) Courtney, KylePublication Brief of Amici Curiae Nine Library Organizations and 218 Librarians In Support of Defendant-Appellant Internet Archive(2023-12-22) Ziskina, Juliya; Courtney, KyleCDL is based in copyright law and respects the rights of copyright holders by acquiring the works legally, while also broadening access to the books that library systems purchase to build their collections. CDL is a well-established practice in the library community. It is a programmatic tool that represents a reasonable, productive, and viable pathway for libraries to focus on their traditional and well-established role in providing access to their acquired collections. The district court’s finding that books loaned via CDL would replace the market for commercially licensed eBooks was flawed. Books loaned via CDL have distinct features and purposes and are not a substitute for commercially licensed eBooks. The district court also erred in its finding that the Internet Archive’s Open Libraries program is a “commercial activity” for purposes of fair use. Instead, a library is a non-profit organization that provides access to knowledge and cultural heritage, which is the distinctly non-commercial mission of all libraries.Publication Statement on Using Controlled Digital Lending as a Mechanism for Interlibrary Loan(2021-10-01) Barlow, Charlie; Courtney, Kyle; Cramer, Tom; Hansen, David R.; Morris, Jill; Hurst-Wahl, Jill; O’Gara, GenyaMany libraries and consortia practicing interlibrary loan (ILL) are unsure how and when controlled digital lending (CDL) can be applied in the context of resource sharing. Libraries want to ensure their practices are aligned with both their mission and the law. This Statement was developed to 1) increase awareness of CDL controlled digital lending in this context, 2) affirm libraries’ rights to use CDL, and 3) to improve services provided by the library resource sharing community by ensuring libraries and consortia are operating with the same set of assumptions and principles. To help address this uncertainty, members of the CDL Co-Op identified a need to build on the original Controlled Digital Lending white paper with a complementary paper addressing CDL in the context of ILL.Publication From Apprehension to Comprehension: Addressing Anxieties about Open Access to ETDs(Rowman & Littlefield, 2016) Courtney, Kyle; Kilcer, Emily