Book Review: Managing Copyright in Higher Education: A Guidebook
Managing Copyright in Higher Education: A Guidebook. By Donna L. Ferullo. Lanham, MD: Rowman & Littleton, 2014. 191 pages. $45.00 hardcover (ISBN: 978-0-8108-9148-7).
The author of Managing Copyright in Higher Education is uniquely qualified to tackle this topic. With a Doctor of Jurisprudence (JD) degree from Suffolk University Law School in Boston and a Master of Library Science (MLS) degree from University of Maryland College Park, Ms. Ferullo is the Director of the University Copyright Office at Purdue University, where she advises the University on copyright compliance issues. This book demonstrates Ms. Ferullo’s mastery of the legal and library science aspects of copyright; the book’s organization also shows her extensive knowledge of her audience and their copyright information needs. The text begins with an “introduction to intellectual property” and “copyright basics;” “the university culture;” followed by chapters on the role and establishment of a copyright office within the university; and concludes with chapters focusing on copyright services to librarians, faculty, administration and staff, and students. The organization of the book provides a logical progression of copyright issues in higher education in a straightforward style that can be readily understood by the novice and appreciated by the expert.
Ms. Ferullo’s stated objectives for writing this book are to “provide a basic understanding of copyright law and strategies to consider when faced with copyright issues on campus” (xi). She identifies the intended audiences for the book as librarians, attorneys, faculty, students, administrators and other people in higher education. Each chapter tries to address the general needs of the academy, while specific chapters are dedicated to special publics within the academic environment with descriptions and remedies for applied situations.
Chapter 1, “Introduction to Intellectual property,” provides the framework for and is integral to the book’s subsequent discussions of copyright and copyright laws applied in higher education. The assumption, however, is that the reader has some basic understanding of copyright and copyright laws. A more extensive introduction to copyright and copyright laws would have made it easier for readers not versed in the language of copyright to use the book without looking up concepts that are mentioned but not explained. Butler does a better job of providing the fundamentals before going into the specific applications of copyright laws.1 Ms. Ferullo, for example, does a good job of discussing copyright basics and history with explanations of the 1976 version of the law, explaining that “ideas are not protected” (13), and provides a list of works that are eligible for protection under the current copyright laws. In the other text consulted for this review, Strong provides general information about copyright and copyrighting, such as registration of copyright, rights in copyrighted works, all of which are useful but does not specifically address copyright issues in higher education in any detail.2 It should be noted that Ms. Butler uses three hundred pages to cover copyright background while Mr. Strong enjoys almost five hundred. As Ms. Ferullo limits background discussion to less than fifty pages, some things needed to fall away. Ms. Ferullo has carefully chosen what she includes, leaving it to the reader to fill any needed gaps along the way.
Managing Copyright is unique in that the role and location of a copyright office in an institution is explained with the possible placement of such an office within the administrative framework of the institution. Ms. Ferullo makes a compelling case for the establishment of a copyright office within the university and having a copyright officer with necessary qualifications. The demand for copyright services is increasing and establishment of copyright services has increased in the past fifteen years (55). Institutions that do not currently have a copyright office should consider doing so, making sure the placement of such an office will provide a high visibility and authority to provide accurate and timely copyright information to the institution.
Managing Copyright gives detailed and comprehensive guidelines for implementing copyright laws relevant to the functions of each of the intended audiences. Librarians are provided information of relevant sections of the law, such as section 107 and section 108, with extensive coverage of Fair Use and the four factors for applying the considerations for fair use. The use of actual court decisions to explain the application of fair use is very helpful to understanding the appropriate factor in making decisions on fair use. The book also provides detailed questions that need to be answered in setting up electronic resources agreements. All aspects of library functions such as archives, special collections, and digitization are addressed. The book introduces copyright issues and laws that are still being developed for newer technological developments such as institutional repositories and open access. The text also highlights new initiatives that librarians need to be aware of such as CHORUS, which will help collect open access works produced by federal agencies, and the Shared Access Research Ecosystem (SHARE) model which will ensure the preservation of, access to, and reuse of research outputs. The text highlights copyright issues with regards to evolving electronic resource management in higher education; online instruction and the use of Learning Management Systems (LMS) such as Blackboard; and the use of social media.
Faculty, administrators, and students are provided detailed guidelines on special issues that need to be addressed in their specific academic activities, such as online teaching and the use of copyrighted material in online courses. The issues are explained using real life scenarios. All aspects of administrative services that use copyrighted materials are given comprehensive attention, some with examples and relevant court decisions. Comprehensive discussions are provided on pertinent copyright issues for University Copy Services, including provision of course packets, student services, and financial aid. Coverage includes both guidelines and detailed questions to assist in guiding copyright considerations during the performance of duties by each of these offices.
In addition to providing detailed coverage on copyright and the use of social media, new electronic resources such as digitized and born-digital resources, and open access resources for which the copyright laws are still being drawn up, Managing Copyright articulates the next steps to be considered with regards to the implementation of copyright laws on campus. The book provides information on professional best practices that are currently not found in other copyright texts; these best practices helps establish a system of currency to stay in step with changes in the evolving copyright laws environment, particularly as the effort continues to overhaul the copyright laws to reflect the needs in our current electronic information environment. Tables, figures, and appendixes are included to make the text a useful guidebook for setting up copyright instruments for use in the academic environment.
Managing Copyright in Higher Education is an important addition to every academic library and will appeal to librarians, administrators and staff, faculty, and students. As the author states, “In both the library environment and the university as a whole, managing copyrights to further the educational goals of teaching, learning, and research is critical to the success of faculty, students, administrators, and staff as well as their institutions” (151).—Elsie Rogers Halliday Okobi, EdD, MLS, MSIS (okobie1@southernct.edu), Southern Connecticut State University, New Haven, Connecticut
References
- Rebecca P. Butler, Copyright for Academic Librarians and Professionals. (Chicago: ALA Editions, 2014).
- William S. Strong, The Copyright Book: A Practical Guide, 6th ed. (Cambridge, MA: MIT Press, 2014).