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Copyright in a Digital Age: Conflict, Risk, and Reward

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.