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[Audio]:\ I originally came to the Intellectual Property
Caucus because I was working at the University of Cal State Bernardino\
\ [Text overlay]:\
Jeff Galin, Publishing and Open Access\ \
where I had a message come across my listserve from a listserve group I was working with.
It included an article from \i The [New York] Times
\i0 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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[Video]:\ Fade in: Jeff Galin sits centered in the screen.\
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 was 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\'85
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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