Kevin Smith, Director of Scholarly Communications at Duke
University, mapped out a set of best practices to help North
American Serials Interest Group attendees determine reasonable,
responsible actions working within copyright while avoiding lawsuits
or choosing not to do something simply because “we don’t
know” if that use is permissible. The U.S. Copyright Act of 1976 has
not kept pace with advances in technology, creating a whole new
set of concerns as to what constitutes fair use for libraries. Smith
reviews the fair use analysis for four of the eight principles identified
in the Code of Best Practices in Fair Use for Academic and
Research Libraries and concludes with his own set of solutions to
end the conflict: stop giving up copyright for scholarly works; help
universities develop new promotion and tenure procedures, especially
for digital scholarship; and publish in open access venues or
retain rights and self-archive.