Carson, Bryan M.

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c/o Katina Strauch209 Richardson AvenueMSC 98, The CitadelCharleston, SC  29409“Linking Publishers, Vendors and Librarians”What To Look For In This Issue:A Healthy Information Economy .....18Looking Back, Looking Forward .....22Social Media Simplified ....................32Top Ten Innovations in Library History ...............................................42Funds and Accounting Trees ............65InterviewsRichard Charkin ...............................22Hazel Woodward ................................46Profiles EncouragedGeorge Burrows ................................20David Levinson ..................................26Dave Pollard ......................................30Karen Christensen.............................34Eric Calaluca.....................................38Plus more .............................. See insideThe Importance of Intellectual Property Licensing in 21st Century Librariesby Bryan M. Carson, J.D., M.I.L.S.1  (Associate Professor/Coordinator of Reference & Instructional Services, Western Kentucky University Libraries, Author, “The Law of Libraries and Archives” (Scarecrow Press), Ed.D Student, Higher Ed. Leadership & Policy, Vanderbilt University, 1906 College Heights Blvd. #11067, Bowling Green, Kentucky  42101-1067;  Phone: 270-745-5007;  Fax: 270-745-2275)  <bryan.carson@wku.edu>Licensing and intellectual property are in-creasingly important.  Gone are the days when licensing was for lawyers, when trademark and copyright were for specialists, and intellectual property was far away from our lives.  Today’s generation of librarians spend large chunks of time working on issues related to intellectual property and licenses.  It affects our daily work life, from copyright clearance for reserves to database license agreements, and from stream-ing audio to trademarks.  Libraries are not only users of intellectual property but also creators, and it is not unheard of for a librarian to start the day as a database licensee and finish it as a database producer.This special issue of Against the Grain deals with licensing from the perspective of libraries.  In “Licensing in an Electronic World: A Word of Advice,” Kara Phillips writes a letter to her younger self, based on the best-selling book What I Know Now: Letters to My Younger Self.2  Kara discusses how the role of librarians as users of intellectual property has changed over time.  She explains licens-ing concepts that librarians need to know and points out things that she wished she knew at the start of her career. In the article “Streaming Audio and Licens-ing: What Libraries Need to Know,” Scott DeLeve points out some of the benefits and pit-falls of the new online multimedia world.  He explains how rules intended to apply to online broadcasting can also apply to podcasting and streaming audio.  Scott discusses the Sound Recording Act and its descendant, the Digital Performance Rights in Sound Recordings Act of 1995 (DPRSA), which were originally adopted for broadcasting.  Scott also explains how the Digital Millennium Copyright Act (DMCA) has been applied to the world of online broadcast media.Jane M. Larrington tackles the DMCA continued on page 16If Rumors Were Horsescontinued on page 6ISSN: 1043-2094REFERENCE PUBLISHING ISSUE TMVOLUME 19, NUMBER 4 SEPTEMBER 20071043-2094(200709)19:4;1-716 Against the Grain / September 2007 <http://www.against-the-grain.com>Rumorsfrom page 14continued on page 40in her article “Impact of the Digital Millen-nium Copyright Act on Libraries and Library Users.”  She discusses digital material, digital rights management, and the anti-circumven-tion provisions of the DMCA in the context of Fair Use, section 108 library exceptions, and section 110 education exceptions.  Jane also provides an overview of the Commission on New Technological Uses of Copyrighted Works (CONTU) guidelines.And finally, I have a word to say about electronic reserves, copyright law, and licens-ing.  Libraries and publishers are currently at loggerheads over the issue of e-reserves, with the American Library Association saying the practice is legal and the Association of American Publishers maintaining that copy-right law is being violated.  I’ll explain the legal background of academic library reserves, explain the ill-fated Conference on Fair Use (CONFU) guidelines, and discuss the role that The Importance of Intellectual ...from page 1licensing agreements can play in alleviating this dispute.There is no doubt that the world has changed, and that our new online information brings unique challenges.  However, there are also unique opportunities available in our new digital world.  Knowledge of copyright and licensing will help librarians understand and control these changes and to shape them to meet the needs of our libraries and our us-ers.  Endnotes1.  Bryan M. Carson is Coordinator of Ref-erence & Instructional Services at Western Kentucky University.  He earned his B.A. in Economics from Adrian College, J.D. from the University of Toledo, M.I.L.S. from University of Michigan, and is currently working on an Ed.D. in Higher Education Leadership & Policy at Vanderbilt Uni-versity’s Peabody College of Education.  Bryan is the author of The Law of Libraries & Archives (Scarecrow Press, 2007), and writes the “Legally Speaking” columns for Against the Grain.  His email address is <bryan.carson@wku.edu>.2.  Ellyn Spragins, ed., What I know Now: Letters to My Younger Self (New York: Broadway Books, 2006).

The Importance of Intellectual Property Licensing in 21st Century Libraries

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The Importance of Intellectual Property Licensing in 21st Century Libraries

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