Through a series of vivid case studies, Authors in Court charts the 300-year-long dance between authorship and copyright that has shaped each institution’s response to changing social norms of identity, privacy, and celebrity.

“A literary historian by training, Rose is completely at home in the world of law, as well as the history of photography and art. This is the work of an interdisciplinary scholar at the height of his powers. The arguments are sophisticated and the elegant text is a work of real craftsmanship. It is superb.”
—Lionel Bently, University of Cambridge

“Authors in Court is well-written, erudite, informative, and engaging throughout. As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. This is a book that should at least be on reserve for any IP–related course. Going forward, no one writing about any of the cases Rose discusses can afford to ignore his contribution.”
—Lewis Hyde, Kenyon College

From researching to remixing, library users need your guidance on a wide range of copyright topics. The way to move beyond “yes, you can” or “no, you can’t” is to become a copyright coach. In this collection librarian and attorney Smith teams up with information literacy expert Ellis to offer a framework for coaching copyright, empowering users to take a practical approach to specific situations. Complete with in-depth case studies, this collection provides valuable information rooted in pragmatic techniques, including

• in-depth discussion of the five questions that will help you clarify any copyright situation;
• storytelling techniques to enliven copyright presentations, plus ways to use music or YouTube to hook students into copyright topics;
• three coaching scenarios that tie into ACRL’s Framework for Information Literacy for Higher Education and bring real-world applications to your library instruction;
• how-to guidance on leading mock negotiations over real journal publishing agreements;
• a 90-minute lesson plan on author rights for writers in a student journal;
• tips for teaching instructional designers how to apply copyright and fair use principles to course management systems; and
• an LIS copyright course assessment model.

This resource will help you become a copyright coach by showing you how to discern the most important issues in a situation, determine which questions you need to ask, and give a response that is targeted to the specific need.

Included in Choice's Top 75 Titles and Resources for Community College Libraries

Faculty, students, and colleagues come to you with copyright questions, both simple and complex. And they all want reliable answers—as fast as you can get them. With this guide, designed for ready access, you’ll be prepared to deliver. Lawyer, copyright librarian, and iSchool instructor Benson presents succinct explanations ideal for both on-the-fly reference and staff training. Copyright specialists will appreciate excerpts from the law itself alongside tools and resources for digging deeper. Practical discussions of key legal concepts, illustrated using 52 scenarios, will lead you to fast, accurate answers on a range of topics, such as

• barriers to using the TEACH Act provisions in content for online teaching;
• showing a full-length movie in a university class;
• public domain and the 1998 Sonny Bono Copyright Term Extension Act;
• your legal options when receiving a DMCA take-down notice;
• court interpretations of fair use in three key recent cases;
• Creative Commons licenses, complete with a quick reference chart;
• library rights to license photographs in a digital collection;
• using letters under copyright in a special collections display case;
• a grad student’s right to use in a thesis writing published in their professor’s journal article;
• applying the implied license option to post historical student dissertations in institutional repositories;
• the Marrakesh Treaty provision supporting transfer of accessible works internationally; and
• limiting factors for interlibrary loan.

• the reasons librarians and teachers have so many misconceptions about copyright, and why understanding copyright is a process, not a one-time event;
• recent legislative and policy developments that impact schools and libraries;
• situations often encountered by educators, such as using copyrighted material in class assignments, digital lesson plans, bulletin board displays, social media, school plays, and band performances and talent shows;
• the use of licensed content in a variety of settings;
• what constitutes "fair use," so that you can be empowered by knowing exactly what's possible within the law; and
• guidance on making long-term strategic decisions and developing copyright policies.

Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared “an exemplary text that seals the standards for such books” (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will

• learn basic copyright definitions and key exceptions for education and library services;
• find information quickly with “key points” sidebars, legislative citations, and cross-references;
• get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important;
• understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making;
• learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics;
• receive guidance on setting up on a copyright service at a library, college, or university; and
• find many helpful checklists for navigating copyright in various situations.

This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.

In this engaging analysis of a crucial period in Dickens's life, Alexander Welsh corrects our picture of the novelist's development and advocates a new approach to biographical criticism. Welsh centers our attention on an early crisis in Dickens's life and writing. His starting point is 1842, when the thirty year-old established writer (already author of The Pickwick Papers, Oliver Twist, Nicholas Nickleby, and The Old Curiosity Shop) traveled in America advocating international copyright. Welsh argues that the frustration and chagrin Dickens felt on this trip—when the American press accused him of hypocritical self-interest—had a demonstrable impact on his creative development. New powers of characterization are evident in the novels published in the decade that followed: Martin Chuzzlewit, Dombey and Son, and David Copperfield, books named for heroes who became progressively more like projections of the author himself.

In these novels Dickens also asserts his kinship with Moliere, Milton, and Shakespeare. Playing boldly on Tartuffe, Paradise Lost, and King Lear, he lays claim to his own identity as a writer. Welsh shows that as much weight should be given to such literary concerns as to Dickens's recollection—in this same stage of his career—of the childhood trauma memorably inscribed in Copperfield.

While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes.

These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.

Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and Spleens, a timely look at the infinitely tricky problems posed by the information society. Discussing topics ranging from blackmail and insider trading to artificial intelligence (with good-humored stops in microeconomics, intellectual property, and cultural studies along the way), Boyle has produced a work that can fairly be called the first social theory of the information age.

Now more than ever, information is power, and questions about who owns it, who controls it, and who gets to use it carry powerful implications. These are the questions Boyle explores in matters as diverse as autodialers and direct advertising, electronic bulletin boards and consumer databases, ethno-botany and indigenous pharmaceuticals, the right of publicity (why Johnny Carson owns the phrase "Here's Johnny!"), and the right to privacy (does J. D. Salinger "own" the letters he's sent?). Boyle finds that our ideas about intellectual property rights rest on the notion of the Romantic author--a notion that Boyle maintains is not only outmoded but actually counterproductive, restricting debate, slowing innovation, and widening the gap between rich and poor nations. What emerges from this lively discussion is a compelling argument for relaxing the initial protection of authors' works and expanding the concept of the fair use of information. For those with an interest in the legal, ethical, and economic ramifications of the dissemination of information--in short, for every member of the information society, willing or unwilling--this book makes a case that cannot be ignored.

We are only now coming to terms with how common trauma really is; a landmark Kaiser study that surveyed patients receiving physicals found that almost two-thirds had experienced at least one form of abuse, neglect, or other trauma as a child. Though originating in the fields of health and social services, trauma-informed care is a framework that holds great promise for application to library work. Empathetic service, positive patron encounters, and a more trusting workplace are only a few of the benefits that this approach offers. In this important book Tolley, experienced in both academic and public libraries, brings these ideas into the library context. Library administrators, directors, and reference and user services staff will all benefit from learning 

• the six key principles of trauma-informed care;
• characteristics of a trusting and transparent library organization, plus discussion questions to promote a sense of psychological safety among library workers;
• how certain language and labels can undermine mutuality, with suggested phrases that will help library staff demonstrate neutrality to patron ideas and views during information requests;
• delivery models that empower patrons; 
• advice on balancing free speech on campus with students’ need for safety;
• how appropriate furniture arrangement can help people suffering from PTSD feel safe;
• guidance on creating safe zones for LGBTQIA+ children, teens, and adults; and
• self-assessment tools to support change toward trauma-responsive library services.

Copyright law, as conventionally understood, serves the public interest by regulating the production and dissemination of works of authorship, though it recognizes that the requirements of the public interest are in tension. Incentives for creation must be provided, but protections granted authors must not prevent the fruits of creativity and knowledge from spreading. Copyright law, therefore, should balance the needs of creators and users—or so the theory goes.

Challenging this widely accepted view, What’s Wrong with Copying? disentangles copyright theory from its focus on the economic value of an authored work as a commodity or piece of property. In his analysis of copyright doctrine, Abraham Drassinower frames an author’s work as a communicative act and asserts that copyright infringement is best understood as an unauthorized appropriation of another person’s speech. According to this interpretation, copyright doctrine does not guarantee an author’s absolute rights over a work but only such rights as are consistent with both the nature of the work as speech and with the structure of the dialogue in which it participates. The rights protecting works of authorship are confined to communicative uses of the work and to uses consistent with the communicative rights of others—for example, unauthorized reproduction of a work is lawful when responding to the work requires its reproduction.

What’s Wrong with Copying? offers a new way to interpret and criticize existing copyright law and to think about the relation between copyright and digital technology as well as broader juridical, social, and cultural concerns.

Who owns academic work? This question is provoking political and legal battles, fought on uncertain terrain, for ever-higher stakes. The posting of faculty lecture notes on commercial Web sites is being hotly debated in multiple forums, even as faculty and university administrators square off in a battle for professorial copyright. In courtrooms throughout the country, universities find themselves embroiled in intricate and expensive patent litigation. Meanwhile, junior researchers are appearing in those same courtrooms, using intellectual property rules to challenge traditional academic hierarchies. All but forgotten in these ownership disputes is a more fundamental question: should academic work be owned at all? Once characterized as a kind of gift, academic work--and academic freedom--are now being reframed as private intellectual property.

Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The modern university's reason for being is inextricably tied to that of the intellectual property system. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life--and intellectual property law--for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property. McSherry has written a book that ought to deeply trouble everyone who cares about the academy.

Required to sign away their legal rights as authors as a condition of employment, professional writers may earn a tidy living for their work, but they seldom own their writing. Writing for Hire traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Catherine L. Fisk examines why strikingly different norms of attribution emerged in these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.

In the 1930s, the practice of employing teams of writers to create copyrighted works became widespread in film studios, radio networks, and ad agencies. Sometimes Hollywood and Madison Avenue employed the same people. Yet the two industries diverged in a crucial way in the 1930s, when screenwriters formed the Writers Guild to represent them in collective negotiations with media companies. Writers Guild members believed they shared the same status as literary authors and fought to have their names attached to their work. They gained binding legal norms relating to ownership and public recognition—norms that eventually carried over into the professional culture of TV production.

In advertising, by contrast, no formal norms of public attribution developed. Although some ad writers chafed at their anonymity, their nonunion workplace provided no institutional framework to channel their demands for change. Instead, many rationalized their invisibility as creative workers by embracing a self-conception as well-compensated professionals devoted to the interests of clients.