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Why did you become interested in the CCCC IP Caucus?

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I originally came to the Intellectual Property Caucus because I was working at the University of Cal State Bernardino

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Jeff Galin, Publishing and Open Access

…where I had a message come across my listserv from a listserv group I was working with. It included an article from The [New York] Times newspaper, I believe, that my students were looking at. I had a problem with my system, and the administrators had to go on my account to determine what the problem was. They found this message, and I got this anonymous message from an upper administrator that I had violated copyright, that I had no right to distribute this article on my class listserv, and I got pretty upset about it. 

So, I started doing some research, and I discovered that there was this Caucus, and I came with this issue to the Caucus. [I] had such a good experience learning from the members who were present ,who could give me advice, and got so interested in the material that the Caucus addresses that I've been a member ever since. I am now the Chair of the Intellectual Property Committee--I believe I have one more year before my stint is finished. I've gained a great deal from being a participant here not only because I've learned about Intellectual Property concerns from others, but also because I've been able to follow my interests in Intellectual Property. When I found out that, in fact, what I was doing could be considered fair use, from that initial Caucus, I came back to my campus and I let my administrators know that, in fact, this fell within certain rights and that I had a right to do this. And, it had an impact: it changed the way in which they perceived how articles could be used in the classroom (short articles for classroom purposes). 

I then became the chair of the Intellectual Property Committee on my campus. When I came to my new campus at Florida Atlantic University--where I've been now for 12 years--I asked to be on the Intellectual Property committee which I've been on now for 11 years. I guess my point is getting involved at some point in your career can enable you to not only learn more about the field, but also become an activist, become an advocate, and enable you [to speak] about issues that become important to you and your campuses. 

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Please tell us about an IP issue you are currently following closely.

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Two of the issues that have emerged recently out of this work have grown from a book-length project I am currently working on. One of them involves a case that is currently in the courts: Cambridge, Oxford, and Sage Presses had sued Georgia State University for their online reserve practices, as well as their use of what they call their e-reserve, their e-res, which is their courseware software for managing classes. They were accusing faculty of copying too much material, violating copyright, [and] not paying licenses. It's a case that had been in the works or been likely to emerge for several years, because publishers had been going to universities and confronting them, telling them they were doing too much with copyrighted materials without permission and restrictive licenses were being produced. 

Practices were being developed, not best practices, but preferred practices for publishers. So, when this case came along, Georgia State decided that they wanted to take on the big publishers and take their chances in the courts. Over the course of the last couple of years, it started in 2008 and has been heard before a judge and is now awaiting decision. This case could determine whether electronic reserves in the library will continue to be available or possible, legally viable, or whether they'll be dramatically reduced or legally eliminated in the next year or next few months perhaps. The case looks like it's moving in the direction of the University. I won't go through many of the details, but it's worth noting that state universities can't be sued for compensation for past offenses because they have state immunity. Therefore, they can only be sued for stopping doing something that their doing that's deemed illegal. Because of that exception--there's an exception in copyright law--they were able to produce a thoughtful, reflective policy at Georgia State [which was] implemented after the case was initiated. And the judge recognized that policy as a thoughtful policy--better than even many policies that are available elsewhere in the country--and determined that no materials were copyright concerns from before that policy could be considered in that case because you can't cease and desist something that's already stopped. So it was actually a very good decision for Georgia State to make that decision.

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