Charleston 2012: Curating a New World of Publishing

Looking through spy glass by Arild Nybø
“Looking through spy glass” by Arild Nybø

Hypothesis: Rapid publishing output and a wide disparity of publishing sources and formats has made finding the right content at the right time harder for librarians.

Speaker: Mark Coker, founder of Smashwords

Old model of publishing was based on scarcity, with publishers as mediators for everything. Publishers aren’t in the business of publishing books, they are in the business of selling books, so they really focus more on what books they think readers want to read. Ebook self publishing overcomes many of the limitations of traditional publishing.

Users want flexibility. Authors want readers. Libraries want books accessible to anyone, and they deliver readership.

The tools for self publishing are now free and available to anyone around the world. The printing press is now in the cloud. Smashwords will release about 100,000 new books in 2012, and they are hitting best seller lists at major retailers and the New York Times.

How do you curate this flood? Get involved at the beginning. Libraries need to also promote a culture of authorship. Connect local writers with local readers. Give users the option to publish to the library. Emulate the best practices of the major retailers. Readers are the new curators, not publishers.

Smashwords Library Direct is a new service they are offering.

Speaker: Eric Hellman, from Unglue.it

[Missed the first part as I sought a more comfortable seat.]

They look for zero margin distribution solutions by connecting publishers and libraries. They do it by running crowd-funded pledge drive for every book offer, much like Kickstarter. They’ve been around since May 2012.

For example, Oral Literature in Africa was published by Oxford UP in 1970, and it’s now out of print with the rights reverted to the author. The rights holder set a target amount needed to make the ebook available free to anyone. The successful book is published with a Creative Commons license and made available to anyone via archive.org.

Unglue.it verifies that the rights holder really has the rights and that they can create an ebook. The rights holder retains copyright, and the ebook format is neutral. Books are distributed globally, and distribution rights are not restricted to anyone. No DRM is allowed, so the library ebook vendors are having trouble adopting these books.

This is going to take a lot of work to make it happen, if we just sit and watch it won’t. Get involved.

Speaker: Rush Miller, library director at University of Pittsburgh

Why would a library want to become a publisher? It incentivizes the open access model. It provides services that scholars need and value. It builds collaborations with partners around the world. It improves efficiencies and encourages innovation in scholarly communications.

Began by collaborating with the university press, but it focuses more on books and monographs than journals. The library manages several self-archiving repositories, and they got into journal publishing because the OJS platform looked like something they could handle.

They targeted diminishing circulation journals that the university was already invested in (authors, researchers, etc.) and helped them get online to increase their circulation. They did not charge the editors/publishers of the journals to do it, and encouraged them to move to open access.

NASIG 2012: Copyright and New Technologies in the Library: Conflict, Risk and Reward

Speaker: Kevin Smith, Duke University

It used to be that libraries didn’t have to care about copyright because most of our practices were approved of by copyright law. However, what we do has changed (we are not in the age of the photocopier), but the law hasn’t progressed with it.

Getting sued is a new experience for libraries. Copyright law is developed through the court system, because the lawmakers can’t keep up with the changes in technology. This is a discovery process, because we find out more about how the law will be applied in these situations.

Three suits — Georgia State e-reserves, UCLA streamed digital video, and Hathi Trust & 5 partners for distributing digital scans and plans for orphaned works. In all three cases, the same defense is being used — fair use. In the Hathi Trust case, the author’s guild has asked the judge to not allow libraries to apply fair use to what they do because the copyright law covers specific things that libraries can do, even though it explicitly says it doesn’t negate fair use as well.

Whenever we talk about copyright, we are thinking about risk. Libraries and universities deal with risk all the time. Always evaluate the risk of allowing an activity against the risk of not doing it. Fair use is no different.

Without taking risks, we also abdicate rewards. What can we gain by embracing fair use? Take a look at the ARL Code of Best Practices in Fair Use for Academic & Research Libraries (which is applicable outside of the academic library context). The principles and limitations of fair use is more of a guide than a set of rules, and the best practices help understand practical applications of those guidelines.

From the audience: No library wants to be the one that wrecked fair use for everybody. Taking this risk is not the same as more localized risk-taking, as this could lead to a precedent-setting legal case.

These cases are not necessarily binding, they are a data point, and particularly so at the trial court level. However, the damages can be huge, and much more than many other legal risks we take. Luckily, in these cases, you are only liable for the actual damages, which are usually quite small.

The key question for fair use has been, “is the use transformative?” This is not what the law asks, but it came about because of an influential law review article by a judge who said this is the question he asked himself when evaluating copyright cases. The other consideration is whether the works are competitive in the market, but transformative trumps this.

When is a work derivative and when is it transformative? Derivative works are under the auspices of the copyright holder, but transformative works are considered fair use.

In the “Pretty Women” case, the judges said that multiple copies for educational purposes is a classic example of fair use. This is what the Georgia State judge cited in her ruling, even though she did not think that the e-reserves were transformative.

Best practices are not the same as negotiated guidelines. These are a broad consensus on how librarians can think about fair use in practice in an educational setting. Using the code of best practices is not a guaranteed that you will not get sued. It’s a template for thinking about particular activities.

In the Hathi Trust case, the National Federation for the Blind has asked to be added as a defendant because they see the services for their constituents being challenged if libraries cannot apply fair use to their activities that bring content to users in the format they need. In this case the benefit is great and the risk is small. Few will bring a lawsuit because the library has made copies so that the blind can use a text-to-speech program. Which lawsuit would you rather defend — for providing access or because you haven’t provided access?

Fair use can facilitate text-mining that is for research purposes, not commercial. For example, looking at how concepts are addressed/discussed across a large body of work and time. Fair use is more efficient in this kind of transformative activity.

What about incorporating previously published content in new content that will be deposited into an institutional repository? Fair use allows adaptation, particularly as technologies change. This is the heart of transformative use — quoting someone else’s work — and should be no different from using a graph or chart. However, you are using the entirety of the work, and should consider if the amount used is appropriate (not excessive) for the new work.

What about incorporating music into video projects? If the music or the video is a fundamental part of the argument and help tell the story, then it’s fair use. If you don’t need that particular song, or it’s just a pretty soundtrack, then go find something that is licensed for you to use (Creative Commons).

One area to be concerned with, though, is the fair use of distributing content for educational purposes. Course packs created by commercial entities is not fair use. Electronic course readings have not been judged in the same way because the people making the electronic copies were educators in a non-commercial setting. Markets matter — not having a market for these kinds of things helped in the GSU case.

The licensing market for streaming digital is more “hit or miss,” and education has a long precedent for using excerpts. It’s uncertain if an entirety of a work would be considered fair use or not.

Orphan works is a classic market failure, and has the best chance of being supported by fair use.

Solutions:

  • Stop giving up copyright in scholarly works.
  • Help universities develop new promotion & tenure policies.
  • Use Creative Commons licenses.
  • Publish in open access venues or retain rights and self-archive.

NASIG 2009: What Color Is Your Paratext?

Presenter: Geoffrey Bilder, CrossRef

The title is in reference to a book that is geared towards preparing for looking for a new job or changing careers, which is relevant to what the serials world is facing, both personnel and content. Paratext is added content that prepares the audience/reader for the meat of the document. We are very good at controlling and evaluating credibility, which is important with conveying information via paratext.

The internet is fraught with false information, which undermines credibility. The publisher’s value is being questioned because so much of their work can be done online at little or no cost, and what can’t be done cheaply is being questioned. Branding is increasingly being hidden by layers like Google which provide content without indicating the source. The librarian’s problem is similar to the publisher’s. Our value is being questioned when the digital world is capable of managing some of our work through distributed organizational structures.

“Internet Trust Anti-Pattern” — a system starts out as being a self-selected core of users with an understanding of trust, but as it grows, that can break down unless there is a structure or pervasive culture that maintains the trust and authority.

Local trust is that which is achieved through personal acquaintance and is sometimes transitive. Global trust extends through proxy, which transitively extends trust to “strangers.” Local is limited and hard to expand, and global increases systemic risk.

Horizontal trust occurs among equals with little possibility of coercion. Vertical trust occurs within a hierarchy, and coercion can be used to enforce behavior, which could lead to abuse.

Internet trust is in the local and horizontal quadrant. Scholarly trust falls in the vertical and global quadrant. It’s no wonder we’re having trouble figuring out how to do scholarship online!

Researchers have more to read and less time to read it, and it’s increasing rapidly. We need to remember that authors and readers are the same people. The amazing ways that technology has opened up communication is also causing the overload. We need something to help identify credible information.

Dorothea Salo wrote that for people who put a lot of credibility in authoritative information, we don’t do a very good job of identifying it. She blames librarians, but publishers have a responsibility, too. Heuristics are important in knowing who the intended audience is meant to be.

If you find a book at a bargain store, the implication is that it is going to be substantially less authoritative than a book from a grand, old library. (There are commercial entities selling leather bound books by the yard for buyers to use to add gravitas to their offices and personal libraries.) Scholarly journals are dull and magazines are flashy & bright. Books are traditionally organized with all sorts of content that tells academics whether or not they need to read them (table of contents, index, blurbs, preface, bibliography, etc.).

If you were to black out the text of a scholarly document, you would still be able to identify the parts displayed. You can’t do that very well with a webpage.

When we evaluate online content, we look at things like the structure of the URL and where it is linked from. In the print world, citations and footnotes were essential clues to following conversations between scholars. Linking can do that now, but the convention is still more formal. Logos can also tell us whether or not to put trust in content.

Back in the day, authors were linked to printers, but that lead to credibility problems, so publishers stepped in. Authors and readers could trust that the content was accurate and properly presented. Now it’s not just publishers — titles have become brands. A journal reputation is almost more important than who is publishing it.

How do we help people learn and understand the heuristics in identifying scholarly information? The processes for putting out credible information is partially hidden — the reader or librarian doesn’t know or see the steps involved. We used to not want to know, but now we do, particularly since it allows us to differentiate between the good players and the bad players.

The idea of the final version of a document needs to be buried. Even in the print world (with errata and addenda) we were deluding ourselves in thinking that any document was truly finished.

Why don’t we have a peer reviewed logo? Why don’t we have something that assures the reader that the document is credible? Peer review isn’t necessarily perfect or the only way.

How about a Version of Record record? Show us what was done to a document to get it to where it is now. For example, look at Creative Commons. They have a logo that indicates something about the process of creating the document which leads to machine-readable coding. How about a CrossMark that indicates what a publisher has done with a document, much like what a CC logo will lead to?

Knowmore.org created a Firefox plugin to monitor content and provides icons that flags companies and websites for different reasons. Oncode is a way of identifying organizations that have signed a code of conduct. We could do this for scholarly content.

Tim Berners Lee is actively advocating for ways to overlay trust measures on the internet. It was originally designed by academics who didn’t need it, but like the internet anti-trust pattern, the “unwashed masses” have corrupted that trust.

What can librarians and publishers do to recreate the heuristics that have been effective in print? We are still making facsimiles of print in electronic format. How are we going to create the tools that will help people evaluate digital information?

Learning 2009: Image Resources for Teaching

Presenters: Jeannine Keefer and Crista LaPrade

Keefer provided the attendees with a brief overview of licensed images. Specifically, ArtStor and why it would be used in the classroom (mainly art historians). There are also many free or Creative Commons licensed resources for images:

  • Flickr – range from amateur to professional, free to fully copyrighted
  • Picasa – similar to Flickr, but less communal
  • Google Images – search across the web
  • Google Earth – geotagged photos for specific locations
  • Creative Commons – search across several sites
  • MorgueFile – stock photography
  • OpenPhoto – stock photography
  • TinEye – reverse image search engine for finding more like the one you have
  • Cooliris – browser plugin for quickly flipping through images on various sites
  • Social networks like Facebook & MySpace

LaPrade and Boatwright Library’s Digital Production Services does all of the digitization and scanning for the library as well as scanning for faculty who need to convert analog images to digital for non-art classroom purposes. Non-presentation uses for this service (ideas beyond PowerPoint) include creating reference posters for students and images supplementing faculty publications (within copyright). Unfortunately, faculty will have to find their own storage (DVDs, flash drives, etc.) and delivery options, as DPS currently does not have a server for storage and delivery.

There are many resources you could use to share images in the classroom, including Blackboard and ArtStor, but also free image storage/sharing resources or your own web pages or blog. However, there are several factors to consider, since these can also be tools for managing the images: purpose, platform, ownership, collection size, image manipulation, metadata, budget, tech support, data integrity, file types, and presentation tool. Some possible solutions include Adobe Bridge (with the full version of Photoshop), Extensis Portfolio, Flickr, and Picasa.

(Side note: I think that many of the folks in the room were expecting to have a discussion of how faculty are actually using images in their teaching, and perhaps less about the tools that can be used to do so.)

Learning 2008: Copywrong – Web 2.0 and Collaborative Multimedia Resources

Presenters: Paul Porterfield, Allison Czapracki, & Linda Fairtile

Fair use is not a right, it is a legal defense. That is something to keep in mind when using copyrighted materials in the classroom. Make sure you understand the circumstances and restrictions that allow for fair use before you do anything with copyrighted material.

PD Info is a website that provides information about music that is in the public domain, but they note that while some printed music is in the public domain, there is virtually no recorded music that is not covered by copyright. (Creative Commons licensed music is still covered by copyright, but the owner has assigned certain aspects of those rights to others.)

The UR Music Library maintains a server that provides streaming audio of recordings for educational use for specific courses. There are also resources such as Alexander Street Press’ American Song collection that provides streaming audio, as well as additional information about the recordings.

Public domain resources can be found all over the web. LibriVox is a site that provides free audio recordings of public domain works. Project Gutenberg provides ebook versions of public domain works.

Creative Commons is a way to allow others to use your work in whatever way you allow. This is a great tool for collaboration and new creations derived from old, just like the old days before copyright. Students need to know that they can use many CC licensed works in their assignments and presentations, and as long as they follow the license terms, they don’t need to worry about whether or not it falls under fair use. Allison has several sources for locating CC licensed or copyright-free media.