LIBR 287-06
The Open Movement and Libraries
Professor Ellyssa
Kroski
The Library and the
Bazaar: Open Content and Libraries
"Libraries are creatures of
the historical and statutory balance in copyright law."
(Henderson, C. 2008)
Libraries have traditionally been
the gatekeepers for information seekers.
While the ALA seeks to provide information for all-- to level the
playing field-- our environment has increasingly been doing that for us. The advent of the internet and the
information age as seen libraries playing catch-up to the methods of
information distribution the internet provides. Anyone with a computer and an internet connection can access
a wealth of knowledge that once may have been the purview of very few. Yet there are still obstacles to be
navigated for both patrons and libraries.
Copyright, a series of limited
rights intended to stimulate creativity and ensure that a work's creator gets
his or her fair share of the profits resulting from the copying of it, is one
such obstacle. Perhaps it's wrong
to call copyright an "obstacle" per se, since the point of copyright
is to provide the creator leverage with which to make money or in other ways
use the work for their own gain.
However, the new popularity of new media and the ease with which
information is transferred from one person to another has given rise to new
models of information rights. Some
models, like the Creative Commons, have provided more freedoms for creators and
users, while others, like Google and MicrosoftÕs systems have provided easier
access for users, but restrictions on the use and copying of the works.
This essay will consider new
copyright models in libraries, and how libraries can and should modify their
own systems to promote and provide access to open content. We will focus on the reasoning behind supporting new
models and methods of distribution, especially with regards to open licenses
like Creative Commons, as well as the obstacles inherent in distributing open
content. Finally we will examine
some content distribution systems that work closely with libraries, and what
effect the collaboration has had for both sides.
In any topic of Òopen contentÓ, we
must first explain exactly what we mean.
Traditional copyright is conferred upon creation of a work that is
Òfixed in a tangible mediumÓ(Boynton, 2005). No action is needed on the part of the creator, they
automatically are granted all rights.
These rights are supposed to provide the creator with a modicum of
control over their work and monetary control so as to create incentive to
create more. However, the rights
are also strictly controlled vie narrow definitions of the law, so that even
uses that may seem benign are forbidden without explicit copyright holder
approval.
With the advent of the internet,
new ways to circumvent intellectual property laws came into vogue. While digital piracy is, of course,
illegal, the transmission of intellectual property and information so easily to
all corners of the globe gave rise to new formations of information access, and
new ideas about how information could be provided to users. While the methods of sharing
information have multiplied due to the global reach of the internet, American
laws have become more restrictive.
Open Content licenses, on the other
hand, are the driving force towards making it easier to use and replicate
creative work. Laurence LessigÕs
brainchild, Creative Commons has popularized the idea of Òsome rights reserved. While there are a number of open
licenses, such as the GNU Free Documentation License, the Open Content License
and Creative Commons, CC is the best known, and thus the best open content
license to illustrate the use of open content in libraries. Also known as ÒcopyleftÓ, the open licenses
are pioneering the concept of Òsome rights reservedÓ. Creative Commons, for instance offers a number of different
licenses at varying levels of restriction, from ÒAttributionÓ, which allows for
redistribution, remixing and display so long as due credit is given to the
original creator, ÒNon-CommercialÓ which allows for display, redistribution and
remixing as long as no profit is made from the work, as well as several other
levels, all of which are as simple to understand as any legally-binding license
can be.
There are other sources of open content
because, while Creative Commons, et al, allow an individual to opt-in to a
license, other groups, like the Open Content Alliance and Open Education
Commons, aim to create clearinghouses that allow users to redistribute and gain
access to material freely. To this
end, these two, along with other open content distribution sites work with
libraries to find and promote content rather than license it.
When we consider the way in which
copyright and its newer structures affect libraries we also must examine how
libraries themselves view copyright.
The ALA asserts that the duty of the library is to balance the rights of
the user to have access to information with the rights of the copyright holder
to gain some sort of return on his or her creation. Libraries, as they usually are structured straddle the line
between strict copyright—they pay for and own a copy of the media, or
they pay for rights to access digital information—and a commons learning
environment—they lend out the media and anyone with a library card can
usually access their digital information.
"Libraries, after all, as a shared resource of a specific
community, with information freely available for use by any member of that
community, are the model of an (only slightly different) information
commons," Lee suggested in 2003, and by viewing creative and academic work
as communal property, libraries have always struggled to incorporate the
concepts of communal information and freedom of information with the existing
laws governing what may or may not be done with the information provided.
When considering the meaning of new
methods of licensing, therefore, Carol Henderson, in the ALAÕs statement of
copyright and libraries, asserted that ÒWhat librarians seek as copyright law
and related rules are being reshaped for the digital age is to maintain for
users, and for libraries and educational institutions acting on their behalf,
their rights to at least the same extent as they have enjoyed them in the
analog environment.Ó (Henderson, 2008)
This means that while users enjoy the freedoms of some new licenses, and
other systems restrict the rights of both institutions and users to copy and
replicate the information while making content easier to access, libraries must
always take care to weight the needs of the institution, the needs of the user
and the needs of the copyright holder.
The institution, of course, wants to preserve and retain the information
so as to have the broadest collection available as possible, as well as the
freedom to loan out media for a particular duration to users. Users need the
freedom to use information as they see fit—as the ALAÕs ÒFreedom to ReadÓ
statement says, ÒThe freedom to read is essential to our democracy.Ó (ALA,
2004). Freedom and diversity of
information is paramount in terms of the library protection of user
rights. Therefore, it is under
these constraints that libraries must look at open content. The open content works must provide
free access to information to the users if not to the library itself, must provide
high quality, diverse content that is easy to find and easy to use. At the same time, it must balance the
users' needs with the copyright holders' desires.
Because copyleft reserves some
rights for the copyright holder, it behooves the library to do some research
into the types of open licenses available, since not all of them will be the
same. This is, in fact, one of the
things that does recommend the traditional model: it may be part of a
"permission culture" wherein it's necessary to ask permission for
every use, but as a general rule a library knows that it can't use much, if any
of a work without permission.
Open content, however, is freely
available in a time where the rising costs of scholarly journals can eat into a
library's budget. There is often
no cost besides the library's own cost in maintaining a database of digital
articles, monographs and other content, the upkeep of which is relatively low
compared to the initial costs of traditionally copyrighted scholarly journals
and books. (Johnson, 2008)
Similarly, since much open content is self-archived, it can be accessed
without the library itself having to worry about the cost of upkeep aside from
making sure the references in their database are correct. However, many libraries feel it is part
of their duty to not just provide access to information, but also to preserve
it. In fact, though, Henderson notes "Librarians also recognize that a key
societal function of libraries -- the archival function -- is at risk because
electronic information is so seldom actually available for purchase and
permanent retention or preservation." Since all open content licenses
provide for redistribution and preservation in other archives so long as all
attribution remains correct, the worry that libraries cannot purchase and
permanently retain digital information is, if not needless, then at lest less
pressing. Open content is
available for library archiving as needed. In fact a library that wanted to create their own repository
of open content works could create a depository that was specifically designed
to appeal to the demographics of their own audience, made up of open content
works that may not have been brought together in the same collection before.
Library ideals are more often
present through the ideas of open content as well. Korn and Oppenheim describe Creative Commons philosophy as
being a "free and open exchange of digital content and [creating] a middle
way between "...the extremes of copyright-control, and the uncontrolled
exploitation, of intellectual property." The licence [sic] was inspired by the open source movement and
follows the principles enshrined within copyleft which encourage the free
distribution of works and any derivatives made of it." Compare these beliefs with the free distribution
of information inherent in section seven of the ALA's Freedom to Read, where it
is declared that:
The freedom to read is of little
consequence when the reader cannot obtain matter fit for that reader's purpose.
What is needed is not only the absence of restraint, but the positive provision
of opportunity for the people to read the best that has been thought and said.
Books are the major channel by which the intellectual inheritance is handed
down, and the principal means of its testing and growth. The defense of the
freedom to read requires of all publishers and librarians the utmost of their
faculties, and deserves of all Americans the fullest of their support.
While the ALA does not mention freedom of distribution or,
indeed copyright at all, the ideals of providing all the information a patron
has need of, while at the same time not exploiting intellectual property is
clearly apparent.
Because libraries already consider
information to be a common good, or what Ciffolilli terms "properties of non–rivalry,
non–excludability," meaning "the amount of good available for
consumption does not vary with the number of consumers drawing upon its stock
... [and] given the low marginal cost of reproduction and distribution of a public
good" (Ciffolilli, 2004) it's hard, if not impossible, to charge
individuals for use. Even if the
freedom of information wasn't part of the library mission, the digitization
makes information harder to both archive and keep proprietary. In fact, using open content allows libraries
to circumvent efforts to keep information rare without stepping over copyright
lines. Open content does not
concern itself with trying to keep information scarce, nor, usually, with
putting a price on information.
Although it's not unheard of for open content information to be sold in
alternate forms, digital information under open licenses typically allows for
entirely free distribution.
The Association of Research
Libraries asserted also that "Access to copyrighted materials inspires
creativity and facilitates the development of new knowledge." (Office of
Scholarly Information, 2004) There
are a number of ways in which open content supports the creation of new
information or creative works. The ARL suggests that scientific knowledge is
necessarily based on other scientific work, as is true in other fields. A more solid example of creativity
building on open content, is that Flickr, a web-based image-sharing gallery has
an entire section of Creative Commons licensed photography and artwork that can
be used with attribution in art projects of any kind in public or school
libraries. Creative Commons,
especially under licenses that allow for derivatives encourage users to
redistribute and redefine information, in a way that libraries have always encouraged.
Redistribution, redefinition, and
remixing are parts of many open content licenses, however, unfortunately, the
exact definition of open content is not exact over different definitions. Some open content calls for "free, immediate, permanent access
to refereed-article full-texts online" (Harnad, 2003), without any sort of
provision made for reuse or redistribution. Knowing whether or not information is allowed to be used and
reprinted in other places or in other ways could be the difference between a
library erring on the side of dis-use for fear of stepping on the creator's
toes. An article on an open
content site that makes no allowance for redistribution might close off
creative re-use of the information by a library or patron.
Because of the variations along the
spectrum of open licensing, library staff has to be patient and careful about
archiving and reusing open content works.
Korn and Oppenheim offer a strong list of reasons why libraries,
especially academic ones, should be careful of the Creative Commons licenses,
including issues with ownership, wherein an institution that owns the work may
not want its material being made available for redistribution by the creator,
lack of provisions for user accountability, the fact that CC provides only
global licenses, which may cause problems if academic or library institution is
going to be or has already been licensed in other areas of the world, nor is it
clear whether Creative Commons licenses will be upheld in all parts of the
world. Also, restricting open
content to patrons using "Technical Protection Measures" would be
incompatible with open content licenses in general and Creative Commons in
particular.
Similarly, several licenses offer
what, in CC is known as a "share-alike" model. In the share-alike
license, the work allows derivatives, so long as the content is licensed under
the exact same license. The
problem, which may not worry library staff unduly except when it comes to
assisting patrons by providing them with open content, is that licenses differ
across and within licensing organizations. A Creative Commons article under an
"Attribution-ShareAlike" license cannot be reworked to include
information from a Creative Commons article under an
"Attribution-Non-Commercial-ShareAlike" license, for the simple
reason that each article requires the remix to be offered under the exact same
license as the parent, where the two parent articles are under different
licenses. Patrons and library
staff will have the same problem if trying to handle multiple types of open
content for different sources.
This might seem like a rare problem, but if a user is in need of
particular information and several articles are under different licenses, it
should be the library's duty in some way to make the copyright information
clear either in the database or while providing the information to the
patron. It is absolutely
imperative that library staff understand the basics of how to tell which rights
are being reserved and be able to communicate that to the patron, in whatever
way they need.
One of the best ways to handle the
conflicting licenses is to work with an organization that provides open content
and thus can work out one or two non-conflicting licenses. There are a number of them: the Scholarly
Publishing and Academic Resources Coalition, which is a coalition of academic
research libraries and universities and which supports open content
repositories, the Public Library of Science's journals, the Open Content
Alliance, which brings together libraries of all stripes to digitize and make
available public domain content on "a truly open, non-profit and
non-exclusive basis." (von Holstein, 2008)
The Open Content Alliance, which
works in tandem with academic and private libraries, as well as media groups
like the Internet Archive, brings together content from all over the web. Their stated goal is to "build a
permanent archive of multilingual digitized text and multimedia material.Ó To do so they have formed coalitions
with libraries, most of whom donate out-of-copyright materials from their
collections for digitizing in an easily searchable database at the Internet
Archive. While the OCA does not
require content to be public domain or open content before it digitizes works,
traditionally copyrighted works must come with legal permission from the
copyright holder. However, despite
a commitment to respecting the content owners, all participants (which includes
content owners who allow their work to be submitted) must agree to the founding
principles of the Alliance, the first of which is ÒThe OCA will encourage
the greatest possible degree of access to and reuse of collections in the
archive, while respecting the rights of
content owners and contributors.Ó(emphasis mine) While the second principle gives contributors control over
the actual terms of agreement, the OCA streamlines process by both calling for
contributors to provide for as open access to their work as possible as well as
creating content licenses for their archive that will not conflict with each
other.
For the large libraries and library
consortiums that make up the bulk of the OCAÕs major contributors itÕs
interesting to see what services the alliance provides. Bernard Margolic, Director of the
Boston Public Library offered that Ò[they] are, in the most basic and important
meaning of the word, ÒenrichingÓ the world. As [they] open these books we give
opportunity for their use in many new and expanding ways for new and expanding
audiences. [They] are doing what libraries as supposed to do.Ó The OCA doesnÕt provide services to the
libraries beside that of creating a coalition of libraries and other content
providers, and creating an open repository that at least mostly allows for
reproduction and reuse of works.
This is direct opposition to repositories such as the one being put
together by Google (of which Stanford takes part), which digitizes all works,
but only allows them to be used via proprietary software and under restricted
circumstances. To the OCA
contributors, while Google has a wider audience, it is better to provide as
free access as possible, in order to, as mentioned earlier in the paper,
support the creation of new works, via ease of use and freedom of
information. While the OCA does
not directly develop and maintain the archive and repository, they organize and
make it possible for libraries to access and submit content, and promote
content that they may not be able to physically maintain in their own
collections.
Although the OERCommons is affiliated with fewer libraries, as a clearinghouse for open educational material, itÕs a useful open content resource even for the libraries not feeding into it. OERCommons bills itself as a Òcomprehensive open learning network where teachers and professors (from pre-K to graduate school) can access their colleaguesÕ course materials, share their own, and collaborate on affecting todayÕs classrooms.Ó Unlike OCA, which mainly concerns itself with already collected works, and mainly works in the public domain, OERCommons is a clearinghouse for new and recent work, submitted both by partner institutions and individual donors. The difference is apparent methods of participation—while OCA requests that prospective participants email them to discuss rights and the pragmatic aspects of digitization, OERCommons has a streamlined sign-up to make the process of contributing easier. OERCommons demonstrates a different method of content collection and distribution. Although libraries do collect some of the content, and Universities more, OERCommonsÕs aims are Òto expand opportunities for those who use open educational resources to develop and submit high-quality content for others to use and localizeÓ along with their aims to create an access point for students, educators and laypeople to explore and evaluate open educational content. Because of this emphasis on personal ownership, most of the material on OERCommons is licensed under a Creative Commons ÒAttribution-NonCommerical-ShareAlikeÓ. While some of the problems with using Creative Commons were discussed before, it might be noted again here that some problems could arise from libraries, especially academic ones, providing patron content. There are no provisions to allow users or partner libraries to track what resources are being used, nor is there a provision in case an owning learning institution wishes to revoke their Creative Commons license.
Within the context of this resource, libraries arenÕt just collecting or maintaining a collection. They need to encourage and expand the knowledge of their educators and learners to allow them to understand what open education content is, and how to use it within the terms of the CC license. Libraries can re-use and maintain their own set of open content within OERCommons as well as support its use, creation and recreation. As OERCommons suggests ÒRe-use and adaptation of OER by educators bring new potential to support individualized teaching and learning, personalized networked services, and collaborative innovation across institutions and academic disciplines.Ó For libraries this can mean the ability to offer innovative methods of learning, and the creation of networks between libraries that are collaborating on OERCommons.
Libraries have other choices with
regards to handling open content. There's very little research on how libraries can and have
systematized access to Creative Commons and other open licensed creative works, as opposed to educational or academic
materials. Since much of the
creative open licensed work is decentralized to a certain extant, making it
sometimes hard to track down open licensed work to promote in a systematic way,
libraries have to rely on word-of-mouth or other resources, such as Cory
Doctorow's blog, Boing Boing.
Doctorow is a well-known author and advocate for open content, so when
he becomes aware of work, especially traditionally published work, being
licensed under Creative Commons, he notes it on his blog. While this isn't exactly a distribution
system for the work, per se, by becoming aware of what works are under Creative
Commons, Doctorow is assisting libraries in the midst of building their own
repositories or collections of open content. In becoming aware of who is producing open content, it
also allows libraries that want to promote open resources to reach out to
creators and promote their open content work in a more organized manner.
The most traditional method of promoting,
if not distributing, open content is, of course, to buy it in physical
form. Many open content digital
journals sell a print supplement, and many, if not most, of the creative works
producers sell physical copies of their books. A library could promote open content by providing the
content in both physical and digital formats, and letting patrons know how to
find repositories, the library's own or otherwise, of open information or
creative works.
Libraries have a wide variety of
options to choose from when it comes to handling open content. The sheer number of licenses available
and the combinations can confuse libraries into choosing to err towards more
restrictive content rights.
However, as many libraries have found, the net affect of opening up
their collections to open content repositories is to preserve their collections
more fully. Any library can
collect and reprint or archive the digital information else, creating
innumerable backups, and simultaneously, any library that has opened itself to
open content licenses has also opened itself up to a catalog larger than
anything it could ever hold in its own physical area. While libraries that promote being a part of a consortium of
open content providers may gain access to a certain amount of prestige for
supporting and encouraging open content, promoting open content quietly by
simply offering access to databases is not enough. Open content can provide patrons with the diversity of
information they desire and the quality of information they desire, but only if
libraries promote the inclusion of those materials and how they can be used.
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