Both commercial and noncommercial publishing have impacted interlibrary loan and other types of resource sharing, such as patrondriven systems, in a variety of ways. Interlibrary loan has always been a concern of publishers, with the possibility libraries would copy in "such aggregate quantities as to substitute for a subscription to or purchase" of a work (CONTU 1978). Exceptions and limits have been in place in the law and as guidelines for library copying for patrons and interlibrary loan since 1978. However, over the past five decades or so, as traditional print publications, electronic "Big Deals," licensing, and permissions have become increasingly unsustainable for library budgets, the open access (OA) movement has gained acceptance and has influenced resource sharing as well. OA materials are being used to fulfill resource-sharing requests, and researcher behavior may bypass traditional means of resource sharing altogether for greater speed and ease of access. Traditional publishing has found itself at a crossroads with the need to adapt as researchers increasingly accept new models of scholarly communication. There are plenty of moving parts in resource sharing today, and these are explored herein.
In the spring of 2017, digital librarians and digital collection managers at member institutions of the Association of Research Libraries (ARL) were surveyed on practices and policies surrounding takedown requests in openly accessible digital collections. The survey collected basic demographic information surrounding the digital repositories (anonymized) and presented a series of hypothetical scenarios for respondents to consider and reflect upon. The survey received a 25.8 percent response rate, with many intriguing insights. Survey findings are presented, along with a discussion on future recommendations for work in this area.
EDITOR'S SUMMARY
Raw data is not open to copyright, but databases, as compilations of data, have been treated differently. Early legal interpretations respected the compiler's work under the “sweat of the brow” doctrine, until the Supreme Court ruled in 1991 that a modicum of creativity was required to earn copyright protection. The Court also ruled the International News Service infringed on the rights of the Associated Press (AP) by telegraphing news gathered by its competitor, and that the AP's work was protected under state law through the “misappropriation doctrine.” The case was the basis of a 1997 case in which the National Basketball Association sued Motorola for transmitting real time game data by pager, making the defendant a competitor in providing the service. Databases must select, coordinate and arrange data with some creativity to earn copyright protection, and database producers use carefully worded contracts to protect their works. Librarians must be aware of copyright and contract details for databases and the scholarly use of data therein.
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