MediaWeek (Vol 5, N 37): University Press Publishing, Georgia Copyright, MOOCs, + More

Three directors of University Presses take to Inside Higher Ed to discuss the realities of publishing in today's academic environment (IHEd):

It is self-evident that the books and journals we publish benefit faculty in their roles as authors, researchers, and teachers. Less evident is that our conduct of peer review and the luster of our imprints together support the tenure and promotion system that has characterized American higher education for generations. Sadly, this system has allowed colleges and universities without presses to "free ride" on the backs of those that have them; it costs them no more than the university press books and journals they choose to buy. Any solution to university press support might do well to address such freeloading.

Less recognized in the academic world is the degree to which university presses, through their publications, serve students. It is true that few presses publish core textbooks such as “Introduction to Economics” (though that’s an area where we are helping in the development of open-access texts), but a very large proportion of the books read either alongside or in lieu of a core text are university press publications. Indeed, our lifetime best-selling books are virtually always those read in undergraduate and graduate courses.

University presses have become the leading regional publishers in the country. State university presses in particular have played a major role in publishing books that help citizens recognize and celebrate what makes home, home. From histories to natural histories to cookbooks and sports books, we help give American citizens a better sense of who they are.

Somewhat expected, publishers are appealing the Georgia e-Reserves case from a few months ago (Chronicle):

In a conference call with reporters, publishers’ representatives emphasized the need to protect their authors’ intellectual property, and described the legal action as regrettable but necessary. Blaise R. Simqu, president and chief executive officer of SAGE Publications, said that “engaging in litigation with a fellow member of the academy is not taken lightly.” But “we believe that authors entrust publishers with their intellectual property,” he said. “We consider this to be a very, very sacred trust.”

Mr. Simqu said he had personally contacted more than 50 SAGE textbook authors to sound them out on whether to appeal the decision. “All but two of the authors not only were supportive but felt very strongly, very passionately that it was critical SAGE continue with this appeal,” he told reporters.

Niko Pfund, academic publisher and president of Oxford University Press, expressed similar discomfort with the situation. “We are obviously in an uncomfortable position being in an adversarial position with a library,” Mr. Pfund said. “I want to stress that, as a community, we really, ardently do believe in fair use.”

Mr. Pfund also presented the decision to appeal as regrettable but necessary. Many university presses operate “with razor-thin budgets,” Mr. Pfund said. “What enables us to keep operating is our backlist titles.” He added, “Our concern is that this decision would cut us off at the knees in that regard.”

MOOC's are very much the rage in education at the moment. The Atlantic takes a look at Stanford's new online education program by interviewing their new vice provost of Online Learning John Mitchell. (The Atlantic):

What do you think is the most exciting thing going on in online learning right now?

I think the MOOCs are the tip of the iceberg in a sense. That's the most visible, most wide- reaching phenomenon so far. But really, there is much more to this. I think we'll see an evolution of a range of different ways of using technology, and probably some expansion of the set of options that a student has. Instead of going off to college, maybe some students will live in their parents' homes or elsewhere and take a first year or two online. Or they'll spend two years in college and finish two years online as they work. There will be different, in effect, educational programs coming out of this phenomenon that offer credit, certification, job placement, and other things beyond the self learning that MOOCs provide. So I think we really are going to see a transformation in the way teaching and learning are developed and delivered.

At the same time, we may in 5 years understand what is different and what isn't different. And maybe some fundamentals will stay the same. Just as video conferencing hasn't put the airlines out of business, I think we're still going to see people going off to college in some form. When possible, it's just great to talk with someone one-on-one in person -- by video, by Skype, by some other medium. I don't think that prepared, canned video is itself the one major answer to the future of education.

Also from Campus Technology an article that references a study into what the future of education may look like in 2020. (CT)

It has been a while since there has been a Stieg Larsson related article so how about this one from the Economist (Schumpeter):

The first lesson is that the next big thing can come from the most unexpected places. Scandinavia is probably the most crime- and corruption-free region in the world: Denmark’s murder rate is 0.9 per 100,000 people, compared with 4.2 in the United States and 21 in Brazil. Scandinavians are also lumbered with obscure and difficult languages. A succession of mainstream British publishers rejected “The Girl with the Dragon Tattoo”, Larsson’s first book, before Christopher MacLehose decided to publish it. Mr Indridason at first had poor sales because people found it hard to grapple with Icelandic names.

Yet Scandinavia has a number of hidden competitive strengths: a long tradition of blood-soaked sagas; an abundance of gloomy misfits; a brooding landscape; and a tradition of detective writing (Per Wahloo and Maj Sjowall, a husband-and-wife team, enjoyed local success in the 1960s with their ten-volume Martin Beck series). There are prizes and classes galore to help crime writers on their way: Ms Lackberg started by taking an all-female crime-writing class. Even before the current boom, crime writing was so remunerative that it sucked in talent from everywhere. Mr Mankell started out writing mainstream plays and novels. Mr Nesbo was a footballer, stockbroker and rock musician before creating his hard-bitten detective, Harry Hole.

I just read The Snowman and it was gory but enjoyable.

A long report from Booz Hamilton on Digitization and Prosperity reproduced in Strategy+Business. Here are the intro paragraphs:

Policymakers today face an environment transformed by information and communications technology (ICT). More people today have access to a mobile phone than to electricity; the amount of data generated globally is expanding exponentially. In every country, leaders of government and business are deciding — through their policies and strategies for ICT, Internet access, communications media, and digital applications — how to promote and structure the digitization of their economies. These choices have enormous consequences. Countries that have achieved advanced levels of digitization, defined as the mass adoption of connected digital technologies and ICT applications by consumers, enterprises, and governments, have realized significant economic, social, and political benefits. For them, digitization is a pathway to prosperity. Other countries are falling disproportionately behind.

The difference among countries was a core finding of a recent study conducted by Booz & Company, “Maximizing the Impact of Digitization.” Other studies on ICT and prosperity have focused primarily on Internet access: whether people are able to connect to wireless and broadband technologies. But by looking more closely at the ways people use digital technologies and applications, we found that the greatest social and economic benefits depend on factors related to adoption and usage: such as pricing, reliability, speed, and ease of use. In any geography, these factors determine the level of digitization, which in turn has a proven impact on reducing unemployment, improving quality of life, and boosting citizens’ access to public services. Digitization allows governments to operate with greater transparency and efficiency, and it has a dramatic effect on economic growth, but not all at once. Countries at the most advanced stage of digitization derive 20 percent more in economic benefits than do those that are just beginning.

From the twitter:
Thank God Someone Finally Stepped In and Explained the Internet to Women - Rebecca J. Rosen - The Atlantic The Atlantic
Amazon vs. Penguin HuffPo
Watch Charles Bukowski Recount the Worst Hangover of His Life Youtube
BISG Unveils Powerful New Bookstats Features, By Eugene G. Schwartz  Book Business

MediaWeek (Vol 5, No 32): Team GB, Big Data on Campus, Libraries and eBooks, Amazon Daily Delivery + More

First the important stuff:  TEAM GB!

From Andy Murray's gold to the men's lightweight four landing a dramatic silver, here are Britain's medal winners of the Games.

And this: Britain's medal winners are a portrait of the United Kingdom as a whole rather than of London and the south-east Economist

Big data on Campus (NYTimes):

This is college life, quantified.

Data mining hinges on one reality about life on the Web: what you do there leaves behind a trail of digital breadcrumbs. Companies scoop those up to tailor services, like the matchmaking of eHarmony or the book recommendations of Amazon. Now colleges, eager to get students out the door more efficiently, are awakening to the opportunities of so-called Big Data.

The new breed of software can predict how well students will do before they even set foot in the classroom. It recommends courses, Netflix-style, based on students’ academic records.

Data diggers hope to improve an education system in which professors often fly blind. That’s a particular problem in introductory-level courses, says Carol A. Twigg, president of the National Center for Academic Transformation. “The typical class, the professor rattles on in front of the class,” she says. “They give a midterm exam. Half the kids fail. Half the kids drop out. And they have no idea what’s going on with their students.”

As more of this technology comes online, it raises new tensions. What role does a professor play when an algorithm recommends the next lesson? If colleges can predict failure, should they steer students away from challenges? When paths are so tailored, do campuses cease to be places of exploration?

An interesting discussion about the choices libraries must make when building an eBook collection from Andromeda Yelton writing in Library Journal:

The one thing I know for certain about the future of ebooks in libraries is that it’s about tradeoffs among deeply held values. Right now, we have lots of options which protect ebook access via established distribution chains and publisher agreements — but they also limit it through DRM, restricted format support, and outright refusal by some publishers to sell ebooks to libraries. Negotiating preservation can be complicated or impossible; privacy questions lurk; and checkout limits put sharing at risk.
The eleven emerging models profiled in the In the Library with the Lead Pipe article, referenced above, provide different tradeoffs.  (Disclosure: one is my employer, Unglue.it.)  They vary in who hosts the files, whether libraries are free to make copies, whether DRM is applied, and what legal terms govern the use of the ebooks. This gives each of them a unique set of values tradeoffs. In general, they offer libraries more options in terms  of sharing, preservation, and privacy.  However, right now, all emerging models are limited in terms of access.  Some are theoretical or in a prototype stage, so they don’t offer any content yet. Others require libraries to negotiate themselves for content access, rather than outsourcing this to a distributor. While this puts libraries in a better position to advocate for their values, it also means more work.
I believe it’s important for libraries to do this kind of work. We need to have passionate, engaged conversations, with our eyes open, about which values we most want to defend in the ebook fray — and which we’re willing to compromise on. We need to consider which of many imperfect models offer the best tradeoffs for enacting library values. And we need to do this, not just in service to the patrons of 2012, but to the patrons of 2020 as well. How do the choices we make today affect their options for private, shared, lasting, accessible ebooks?

Getting that bucket, fan, shaving cream or book today with little or no effort is about to get a whole lot easire as Amazon shoots for same day delivery (Slate):

Can Amazon pull it off? It’s sure spending a lot of money to try, and it has already come up with a few creative ways to speed up deliveries. In each of the deals it has signed with states, the company has promised to build at least one—and sometimes many—new local warehouses. Some of these facilities are very close to huge swaths of the population. Amazon is investing $130 million in new facilities in New Jersey that will bring it into the backyard of New York City; another $135 million to build two centers in Virginia that will allow it to service much of the mid-Atlantic; $200 million in Texas; and more than $150 million in Tennessee and $150 million in Indiana to serve the middle of the country. Its plans for California are the grandest of all. This year, Amazon will open two huge distribution centers near Los Angeles and the San Francisco Bay Area, and over the next three years it might open as many as 10 more in the state. In total, Amazon will spend $500 million and hire 10,000 people at its new California warehouses.

But Amazon isn’t simply opening up a lot of new shipping centers. It’s also investing in making those centers much more efficient. Earlier this year, it purchased Kiva Systems, a company that makes cute, amazingly productive “picking robots” that improve shipping times while reducing errors. Another effort will allow the company to get stuff to you even faster. In Seattle, New York, and the United Kingdom, the firm has set up automated “lockers” in drug stores and convenience stores. If you order something from Amazon and you work near one of these lockers, the company will offer to drop off your item there. On your way home from work, you can just stop by Rite Aid, punch in a security code, and get your stuff.

Will the flipped classroom lead to lower costs - A Provosts perspective. (Inside Higher Ed)

But the cost savings may be more imaginary than real depending on what you are looking for the education to accomplish.  The more you expect education to accomplish and the more personal the educational experience, the lower the actual savings (if any) will be. For example, if the faculty member involved in preparing the class material and the faculty member meeting with the class for questions, projects, analysis and discussion is one and the same and if the class size remains unchanged, there will be no savings in moving from in-person to blended. There are still variables that can result in savings: an adjunct faculty member in place of a full-time faculty member, or a larger class in place of a smaller class.  At the other cost extreme, you can have students take the free online courses now offered by a number of Ivy League schools  and couple that experience which would count as the lesson with a classroom experience that covers questions, analysis, greater depth, etc., taught by graduate students or adjuncts at a significantly reduced cost.  Smaller class size and greater use of full-time faculty will increase the cost of this experience.

Establishing standards in community college education - Not as easy as hitting a baseball (Inside Higher Ed):

Why baseball batting? Williams includes a chart showing that a baseball can pass through the strike zone in 77 different places. I have no trouble seeing a Ted Williams chart worth of pitches headed at me when I step up before these students each day.
I am not going to trivialize students by naming them  “Curve,” “Slider,” “Changeup,” “Forkball,” or “Sinker.”  Consider the variety of pitches?  Some students are high school graduates and some have GEDs.  A Somalian explained at the start of one semester that the challenges impairing her high school experience included dodging snipers on the way to school and frequent raids on the school, machine guns firing, by rebels kidnapping future child soldiers.
The first languages that any class might pitch to me include Arabic (Moroccan, Egyptian, Syrian, Lebanese dialects), Armenian, Russian, Portuguese – via Brazil and Angola -- Spanish from every South and Central American country.  Somali.  French.  Creole.  Swahili.
Hunger is a more frequent pitch.  These students may not have eaten that day.  Last spring, two students had bosses who thought nothing of scheduling 8 a.m.- 4 p.m., 4 p.m.- midnight, and midnight to 8 a.m. shifts all during one week.  One semester, I had a veteran who vanished (later found) after two more buddies from his unit committed suicide.  Once, a student was shot and murdered.  Last spring was the first semester in a while where no one in the class reported anyone shot in their family.

Shakespeare at the British Museum - The Economist:

Out of this miscellany emerges a larger story about the evolution of a British national identity, independent of the papacy, with its own history and imperial ambitions. It was a process in which history, geography, religion and myth were promiscuously pressed into service. Ancient Rome was as likely to turn up in a painting of Queen Elizabeth as an American Indian cherub (with ostrich) in an engraving of London. During Shakespeare’s life, it became possible for the first time to visualise Britain and its place in the world through maps. “He does smile his face into more lines than is in the new map with the augmentation of the Indies,” says Maria of Malvolio in “Twelfth Night”. Behind her words lies a world of travel and history—from the medal commemorating Sir Francis Drake’s circumnavigation of the globe to little playing cards printed with the counties of England.

From Twitter this week:

New Video in BBC #Archives Series Looks at “New Kinds of Metadata” NYT

Germans blow off steam with swearing hotline Reuters  Reminded me of classic Python: YouTube

Our dad, Joe Strummer, remembered Guardian

MediaWeek (Vol 5, No 29): UK Frees Journal Articles, Amazon in Japan, Revising HigherEd, Blackboard Myths, Translations + More

UK is about to open up academic publishing.  (Guardian):

Though many academics will welcome the announcement, some scientists contacted by the Guardian were dismayed that the cost of the transition, which could reach £50m a year, must be covered by the existing science budget and that no new money would be found to fund the process. That could lead to less research and fewer valuable papers being published.

British universities now pay around £200m a year in subscription fees to journal publishers, but under the new scheme, authors will pay "article processing charges" (APCs) to have their papers peer reviewed, edited and made freely available online. The typical APC is around £2,000 per article.

Tensions between academics and the larger publishing companies have risen steeply in recent months as researchers have baulked at journal subscription charges their libraries were asked to pay.

More than 12,000 academics have boycotted the Dutch publisher Elsevier, in part of a broader campaign against the industry that has been called the "academic spring".

Why Amazon will have a hard time in Japan.  I guess we'll see if they're right.  (JapanTimes):

The problem they’re having in Japan is trying to negotiate that same kind of deal with domestic publishers. Like any long-established industry in Japan (or almost anything for that matter, from the nation’s government to even its foster care system), they are resistant to change. They don’t want to rock the boat, or experiment with new things. They don’t like the idea of cutting back on their wholesale prices, and thus reducing their profits. Especially to a big, foreign company from the U.S. Not after they’ve been doing things their own way for so long.

While Amazon is struggling to get publishers signed on for e-book distribution, Rakuten already has deals with a majority of them. A big part of that could be that Rakuten is a domestic Japanese company. They know what the publishing companies of their own country want and how far they’ll be willing to bend. Another factor could be that they’re not after drastically reduced wholesale pricing like Amazon is. Rakuten knows Japanese customers are used to paying high prices for media like books, music, and movies, and they’re not trying to change that. Besides, they’re already the equivalent of Japan’s own Amazon.com. They don’t need to revolutionize the book selling market to make their name, they’re just trying to break into the e-book market.

Interesting piece from Fast Company about revising the HEd curriculum (FastCo):

The opposition of “liberal arts” and “vocational education” carries with it a lot of residual 19th-century class snobbery as well as 20th-century quantitative bias. In the real world of the 21st century, there aren’t “two cultures.” We need both. As a cartoon circulating on Facebook would have it, “Science can tell you how to clone a Tyrannosaurus Rex. Humanities can tell you why this might be a bad idea.”

To get us thinking about the possibilities of real educational reform, I propose a Start-Up Core Curriculum for Entrepreneurship, Service, and Society (hokey, yes: SUCCESS). Neither a Great Books common core (which, however profound, rarely connects to a student’s specialized major) nor the duck, duck, goose model of distribution requirements (where students are left to make coherence from a welter of rhetoric, statistics, art appreciation, natural science, foreign language or other course offerings), the Start-Up Core Curriculum isn’t just about content mastery, but about putting deep knowledge along with basic skills into practice to address intractable real-world global problems.

Stop complaining: Five Myths about Blackboard (Inside HigherEd):

Myth #4 - Blackboard's Challenges Are Around Technology: It is easy to look at Blackboard's core Learn product, compare the platform against modern LMS's designed solely for cloud delivery (such as Instructure's Canvas), and conclude the Blackboard has a technology problem. The reality is that Blackboard has a large number of skilled developers and the capabilities to quickly design next generation cloud based learning services. Learning platforms that would benefit from all the Blackboard has learned about scalability, usability, and reliability. Blackboard's challenge is an installed user base of educational institutions that are reluctant to make big changes (for good reasons).   Everyone at Blackboard knows that mobile learning, interconnected platforms, and software as a service e-learning is the future. The key is figuring out how to help higher ed clients build that bridge between a legacy and modern e-learning infrastructure.  This is where the Services division will be so important, as change management is the most important and difficult component of increasing productivity (supported by technology) in higher ed.

From the Economist a look at book translations in Stories from Elsewhere (Econ):

The Illinois-based Dalkey Archive Press, which has been publishing international literature in English for 25 years, says the lack of literature in translation is a cultural crisis that is growing worse. Faced with such a homogeneous reading culture in her adopted Britain, Meike Ziervogel, a German native, started Peirene Press in 2008 in her north London home. She joins a handful of publishing pioneers such as New York’s Europa Editions and Rochester University’s Open Letter, which are working to chip away at the navel-gazing literary culture of Anglo-American letters. She publishes three novellas (each shorter than 200 pages) a year in English by celebrated European authors who are barely known outside their home countries.

From my twitter feed this week (slow week);

Hands-on: nearly instant photofinishing direct from your smartphone ArsTechnica

Library Groups, EFF Hit Back in HathiTrust Case http://www.PublishersWeekly

End of the Knowledge Network at the New York Times

A short piece in Inside Higher Ed two weeks ago announced the quiet demise of the New York Times' foray into online education and learning.  As reported in IHEd, Times spokeswoman Linda Zeban confirmed the news by saying "I can confirm that after July 31, Knowledge Network courses will no longer be available online,"

As I noted in 2007 (again referencing a report in IHEd) the venture looked both promising and a natural extension of their brand.  It is a pity they were not able to execute anything meaningful but then, over the past five years, the Times has had its share of issues to deal with so perhaps they can be excused (from class).

MediaWeek (Vol 5, No 26): AAUP Meeting, Summer Reading Lists, Magazines, The Guardian's Future +More

Last week the Association of American University Presses held their annual conference in Chicago, (where I attended and made two presentations but more on that later) and there were several write-ups.  First, the organizers added a session on the last afternoon about the Georgia eReserves case and here is a blow-by-blow of the session (Inside Higher Ed):

University presses are still unhappy with the outcome of the landmark copyright case, which centered on Georgia State University's practice of duplicating book material and making it available to certain students free through the universities' electronic reserve database. That much was clear at Wednesday’s session, during which Steinman repeatedly slammed Judge Orinda Evans’s legal reasoning in the decision to a chorus of exasperated groans from a packed room of university press workers and executives.

“This is a terrible decision, it’s poorly reasoned, the result is a poor one, it’s a terrible precedent to have on the books,” said Steinman, doubling down on the AAUP’s much milder statement last month, which merely asserted that Evans’s 347-page ruling “appears to make a number of assertions of fact that are not supported by the trial record.”

But collective disdain for the judge’s reasoning in her decision eventually gave way to a general agreement among the attendees that, in order to make the outcome workable, university presses need to mend fences with another key player on their campuses -- librarians.

And from Jennifer Howard at The Chronicle an overview of the entire meeting:

Be part of the conversation, mind your metadata, and use technology as a bridge to the world: That advice animated sessions at the annual meeting of the Association of American University Presses, held here this week.

This year marks the group's 75th anniversary, and attendance hit a record high, with 787 people registered. The numbers created some logistical hassles but gave the meeting energy, too, tempering nervousness about how to feed the growing e-book market and how to convince budget-obsessed administrators that presses are assets, not liabilities.

People talked somberly about the news that the University of Missouri plans to shut down its press. But so far Missouri has been the exception, not the rule. Most presses have survived the recession and budget cuts. Some, like Princeton University Press, had excellent years, according to Peter Dougherty, the Princeton press's director and the new president of the association.

What should the kids read over summer (NYTimes)

Reading literature should be intentional. The problem with much summer reading is that the intention is unclear. Increasingly, students are asked to choose their own summer reading from Web sites like ReadKiddoRead, where the same advanced Real World Fiction category includes “The Catcher in the Rye” and “Flipped,” by Wendelin Van Draanen, which centers on divorce and kissing. Both books can be enjoyed by middle schoolers, but how will the seventh grader determine which one to pick?

The issue is further compounded when summer assignments require students to write about what they read. The problem is that the tasks assigned are at once too open and too circumscribed to be of use. What summer reading needs to be is purposeful. But how do we ensure purposeful independent reading given the low accountability of summer assignments?

Some students will happily read off a recommended-reading list (which should include a companion list of resources to support understanding). They will head to the park with Dickens or Austen under their arms, so long as they can leave the Post-it notes at home. They should be permitted this luxury, to have their teachers treat them as independent learners capable of a first dip into a classic, with no destined-to-be-unread written responses required. Doing this allows the student who chooses tougher books to say, “I didn’t understand half of it.” What better time to allow students to struggle than summer, when no one is calling on them to interpret or explain?

How's the magazine business doing you ask? (Economist)

But among magazines there is a new sense of optimism. In North America, where the recession bit deepest (see chart), more new magazines were launched than closed in 2011 for the second year in a row. The Association of Magazine Media (MPA) reports that magazine audiences are growing faster than those for TV or newspapers, especially among the young.

Unlike newspapers, most magazines didn’t have large classified-ad sections to lose to the internet, and their material has a longer shelf-life. Above all, says David Carey, the boss of Hearst Magazines, a big American publisher, they represent aspirations: “they do a very good job of inspiring your dreams.” People identify closely with the magazines they read, and advertisers therefore love them: magazines, says Paul-Bernhard Kallen, the chairman of Hubert Burda Media, a large German publisher, remain essential for brand-building.

Also from More Intelligent Life (Economist Family) a look at The Guardian newspaper and how it might survive (I thought it was).

In terms of reach and impact, the Guardian is doing better than ever before. But its success may contain the seeds of its demise. Its print circulation is tumbling. In October 2005, boosted by a change to the medium-sized Berliner format, the average daily circulation was 403,297. By March 2012 it was down to 217,190. Those figures are not quite like-for-like, as the Guardian has sworn off the Viagra of giveaway copies and overseas sales (which tend to be counted less rigorously); but they are still bleak. Saturday sales remain sturdy, at 377,000, but, on a typical weekday, only 178,000 people buy the Guardian, while millions graze on it for nothing on their screens. In the financial year 2009-10, the national newspapers division of Guardian Media Group—which also includes the Observer, Britain’s oldest Sunday paper—lost £37m. The following year, it managed to cut costs by £26m, and still ended up losing £38m. In May, Rusbridger told me he was expecting a similar loss for 2011-12. So, for three years running, the Guardian has been losing £100,000 a day. This is not boom or bust, but both at once: the best of times, and the worst of times. 

At the Open Weekend, one event looked at whether journalism was a second-rate form of writing. In the audience of 50 or so was the white-haired figure of Nick Davies, taking a breather from his investigative duties. When the conversation turned to long-form journalism, he spoke up, sounding exasperated. “In 20 years’ time,” he said, “there won’t be any newspapers left to do this. All these millions of hits won’t pay our salaries. The internet is killing journalism.”

And from my twitter feed this week:

Rare aerial photographs of Britain go online Guardian

15 books that apparently make you "undateable" – happy to report I've read most Flavorwire

Libraries, patrons, and e-books Pew Report  

Top US universities create online platform BBC EdX worldwide initiative to deliver online course by Harvard & MIT

The French Still Flock to Bookstores NYTimes

Georgia State Update from Inside Higher Ed

ISHEd reviews the latest information pertaining to the Georgia State eReserves case (ISHEd)

Strictly speaking, Cambridge v. Patton only pertains to e-reserve practices at Georgia State. However, given the ambiguity over the boundaries of educational fair use with respect to academic libraries, many observers expect that the resolution of the case will cause ripple effects in e-reserve policies across the country.
As with the last proposed settlement by the publishers, this new proposal is likely to ruffle feathers among academic librarians.
"The proposed order is clearly intended to humiliate [Georgia State] and to make fair use as difficult as possible for them," wrote Kevin Smith, scholarly communications officer at Duke University, on his blog. "It reads to me like a party who actually won very little at the trial still trying to spike the ball in the other parties’ face."

Background from an earlier PND post - here.

MediaWeek (Vol 5, N 20): Georgia State Opinion Round-Up

For those interested in how discussions are setting up around the Georgia State eReserves Case:

Kevin Smith at Duke (perhaps the first to write in detail about the opinion):

Overall there is good news for libraries in the decision issued late yesterday in the Georgia State University e-reserves copyright case.  Most of the extreme positions advocated by the plaintiff publishers were rejected, and Judge Evans found copyright infringement in only five excerpts from among the 99 specific reading that had been challenged in the case.
That means she found fair use, or, occasionally, some other justification, in 94 instances, or 95% of the time.
But that does not make this an easy decision for libraries to deal with.  Indeed, it poses a difficult challenge for everyone involved, it seems.  For the Judge, it was a monumental labor that took almost a year to complete.  She wrote 350 pages, working through a raft of legal arguments first and then painstakingly applying them to each of the challenged readings.  And for me, with a week’s vacation pending, I am trying to make sense of this tome before I leave, which is why I am writing this at four in the morning on a Saturday (please excuse typos!).

James Grimmelmann: Inside the Georgia State Opinion

Thus, the operational bottom line for universities is that it’s likely to be fair use to assign less than 10% of a book, to assign larger portions of a book that is not available for digital licensing, or to assign larger portions of a book that is available for digital licensing but doesn’t make significant revenues through licensing. This third prong is almost never going to be something that professors or librarians can evaluate, so in practice, I expect to see fair-use e-reserves codes that treat under 10% as presumptively okay, and amounts over 10% but less than some ill-defined maximum as presumptively okay if it has been confirmed that a license to make digital copies of excerpts from the book is not available.
The most interesting issue open in the case is the scope of any possible injunction. Given that Georgia State won on sixty-nine out of seventy-four litigated claims, while the publishers won on only five, I expect that the any injunction will need to be rather narrow. But given how amenable the court’s proposed limits are to bright-line treatment, it is likely that the publishers will push to write them in to the injunction.
My bottom line on the case is that it’s mostly a win for Georgia State and mostly a loss for the publishers. The big winner is CCC. It gains leverage against universities for coursepack and e-reserve copying with a bright-line rule, and it gains leverage against publishers who will be under much more pressure to participate in its full panoply of licenses.

 ARL: GSU Fair Use Decision Recap and Implications (PDF) Hat tip Brantley

In addition to the statutory factors, courts are required to consider how a
proposed fair use serves or disserves the purpose of copyright, which is to
encourage the creation and dissemination of creative works. The judge’s
reasoning here is perhaps the most compelling and shows that she took into
account some key facts about the academic publishing market that are often
overlooked in these discussions. Based on testimony from GSU professors, the
judge finds that academic authors and editors are motivated by professional
reputation and achievement and the advancement of knowledge, not royalty
payments, and that any diminution in royalty payments due to unlicensed
course reserves would have no effect on their motivation to produce
scholarship.8 Indeed, because the authors of such works are also the primary
users of course reserve systems, they would experience a net benefit from fair
use in that context. The court emphasizes that publishers receive so little income
from licensing excerpts as a percentage of their overall business that the slight
diminution caused by allowing unlicensed posting to course reserves would
have no cognizable effect on their will or ability to publish new works.
Unfortunately, these additional considerations do not enter into the individual
determinations. Rather, the court finds that any uses that stay within her
framework will serve the purposes of copyright, and those that stray beyond it
will disserve them.

 In Some Leeway, Some Limits over at Inside Higher Ed:

While the legal analysis may take time, both publishers and academic librarians have reacted strongly throughout the case. Publishers argued hat their system of promoting scholarship can't lose copyright benefits. Judge Evans in her decision noted that most book (and permission) sales for student use are by large for-profit companies, not by nonprofit university presses. But the Association of American University Presses has backed the suit by Cambridge and Oxford, saying that university presses "depend upon the income due them to continue to publish the specialized scholarly books required to educate students and to advance university research."
Many librarians, meanwhile, have expressed shock that university presses would sue a university for using their works for teaching purposes. Barbara Fister, a librarian at Gustavus Adolphus College and an Inside Higher Ed blogger, tweeted Friday night: "It still boggles my mind that scholarly presses are suing scholars teaching works that were written to further knowledge."
The reserve readings at the crux of the dispute are chapters, essays or portions of books that are assigned by Georgia State professors to their undergraduate and graduate students. (While the readers are frequently referred to as "supplemental," they are generally required; "supplemental" refers to readings supplementing texts that the professors tell students to buy.) E-reserves are similar to the way an earlier generation of students might have gone to the library for print materials on reserve. The decision in this case notes a number of steps taken by Georgia State (such as password protection) to prevent students from simply distributing the electronic passages to others.

The Chronicle of Higher Ed: "Mostly favors Georgia State":

"My initial reaction is, honestly, what a crushing defeat for the publishers," said Brandon C. Butler, the director of public-policy initiatives for the Association of Research Libraries. Given how few claims the publishers won, "there's a 95 percent success rate for the GSU fair-use policy." The ruling suggests that Georgia State is "getting it almost entirely right" with its current copyright policy, he said.
The three publishers brought their suit in April 2008. The Association of American Publishers and the Copyright Clearance Center, which licenses content to universities on behalf of publishers, helped foot the bill.
In their complaint, the plaintiffs alleged that Georgia State went well beyond fair use in how much copyrighted material it allowed faculty members to post online for students. The university denied the claim and overhauled its e-reserves policy in late 2008, after the lawsuit was brought. As a state institution, it also invoked sovereign immunity, which meant that the publishers would have a harder time seeking damages.

Publisher's Weekly: AAP Statement on the Opinion

At the same time, we are disappointed with aspects of the Court's decision.  Most importantly, the court failed to examine the copying activities at GSU in their full context.  Many faculty members have provided students with electronic anthologies of copyrighted course materials which are not different in kind from copyrighted print materials.

In addition, the court's analysis of fair use principles was legally incorrect in some places and its application of those principles mistaken.  As a result, instances of infringing activity were incorrectly held to constitute fair use. Publishers recognize that certain academic uses of copyrighted materials are fair use that should not require permission but we believe the court misapplied that doctrine in certain situations.

The Court’s ruling has important implications for the ongoing vitality of academic publishing as well as the educational mission of colleges and universities. Contrary to the findings of the Court, if institutions such as GSU are allowed to offer substantial amounts of copyrighted content for free, publishers cannot sustain the creation of works of scholarship. The resources available to educators will be fundamentally impaired.

 Ars Technica: Fair Use is Hard

So—crushing victory for Georgia State, whose professors can now dance gleefully through the ash of their foes in publishing? Not quite. After years of litigation, the case came down to 75 particular items that the publishers argued were infringing. Five unlicensed excerpts (from four different books) did exceed the amount allowed under factor three above. These books include The Sage Handbook of Qualitative Research in both its second and third editions, along with The Power Elite and the no-doubt-scintillating tome Utilization-Focused Evaluation (Third Edition).
While the university had issued a 2009 guide designed to help faculty know when they needed a license for excerpts, the judge found that the policy "did not limit copying in those instances to decidedly small excerpts as required by this Order. Nor did it proscribe the use of multiple chapters from the same book."
Still, copyright and fair use can be murky, and the judge found no bad faith on the school's part, concluding: "The truth is that fair use principles are notoriously difficult to apply."

 Inside Higher Ed With Some Updates

Update, 5/15: In a conference call with reporters, Rich, along with Tom Allen, the president of AAP, disputed the popular notion that the publishers had "lost" the lawsuit. Before the publishers brought the suit four years ago, Georgia State's standards for e-reserve copying were far more permissive. Only afterward, in anticipation of a court trial, did Georgia State tighten its e-reserves policies, Rich said. During the trial, Judge Evans said she would only consider the fair use merits of instances of alleged infringement that occurred during a specific period after Georgia State had overhauled its practices.
Therefore, the judge's ruling was based on legal parsing of examples "that nobody thought would be the focal point of this lawsuit when it was brought,” Rich said. “So for Georgia State to declare victory as to those kinds of works is a false trail.”
While the scorecard might not have favored the publishers, the lawsuit forced Georgia State to shore up its e-reserve practices and confirmed that publishers' copyright protections do indeed apply to e-reserves. And that, Rich said, is not small victory. The lawsuit "was never about drawing the line at this point or that point, but to address a system that basically snubbed its nose at copyright," he said. “At a very fundamental level, that issue has been affirmatively addressed."

My contribution: Georgia Opinion - I see opportunity

Judge Evans has plainly stated that if a publisher's chapter is readily and easily available and the permission is set at a "reasonable price" then the law comes down on the publisher's side.  She notes specifically, Copyright Clearance Center which can deliver a permissions fee to the user (faculty, librarian, etc.) via Rightslink and, although CCC does not hold the actual content, publishers will be motivated to create digital repositories at a disaggregated level.

Background to the Case:

Chronicle of Higher Ed: What's at Stake in the Georgia Case (2011):

A closely watched trial in federal court in Atlanta, Cambridge University Press et al. v. Patton et al., is pitting faculty, libraries, and publishers against one another in a case that could clarify the nature of copyright and define the meaning of fair use in the digital age. Under copyright law, the doctrine of fair use allows some reproduction of copyrighted material, with a classroom exemption permitting an unspecified amount to be reproduced for educational purposes.
At issue before the court is the practice of putting class readings on electronic reserve (and, by extension, on faculty Web sites). Cambridge, Oxford University Press, and SAGE Publications, with support from the Association of American Publishers and the Copyright Clearance Center, are suing four administrators at Georgia State University. But the publishers more broadly allege that the university (which, under "state sovereign immunity," cannot be prosecuted in federal court) has enabled its staff and students to claim what amounts to a blanket exemption to copyright law through an overly lenient definition of the classroom exemption. The plaintiffs are asking for an injunction to stop university personnel from making material available on e-reserve without paying licensing fees. A decision is expected in several weeks. The Chronicle asked experts in scholarly communications what the case may mean for the future:

 Library Journal (2010):

According to a ruling on October 1, the closely watched Georgia State University (GSU) ereserves lawsuit will come down to whether the named defendants participated in the specific act of "contributory infringement," as two other original accusations were removed from the case.

This narrows the scope of the charges lodged by the publisher plaintiffs—Oxford University Press, Cambridge University Press, and SAGE Publications—and has Fair Use advocates cautiously optimistic as the case moves closer to trial.

In a blog post, library copyright watchdog and Duke Scholarly Communications Officer Kevin Smith wrote that he was "surprised at how favorable the ruling issued yesterday is to Georgia State; even though the Judge clearly expects to go to trial, there is a lot in her ruling to give hope and comfort to the academic community."

Barring a narrow settlement, the case could have a broad effect on academic library practice. If GSU's current policies are affirmed, libraries nationwide with similar digital reserves policies will be reassured if not emboldened. Should the plaintiffs prevail, however, there is likely to be a considerable chill on Fair Use deliberations as libraries reconsider the digital access they grant to copyrighted materials.

Two levels of infringement tossed out
Judge Orina Evans of Federal District Court in Atlanta ruled against all of the plaintiffs' motions for summary judgment, and granted two of the defendants' three counter-motions.

This ruling essentially holds there to be insufficient evidence to show that the named defendants (GSU's president Mark Becker, provost, associate provost for technology, and dean of libraries, Charlene Hurt) committed any acts of infringement, thus ruling out a charge of "direct infringement."

Likewise, Judge Evans similarly determined that there was no evidence of any profit directly from infringement committed by librarians under their supervision, excluding "vicarious infringement." 

MediaWeek (Vol 5, No 15): NYPublic remodels, Creative Thought, Gunter Grass, Pew eReader Study + More

The New York Public library is undergoing a renovation of sorts and will be moving a large segment of its' print collection to off-site storage.  Many large academic libraries (in particular) have or are under-going similar realignments among them the British Museum, Stanford, NYU and Ohio State.  Naturally, there are some who just don't like the idea (Guardian):

The removal of the books – some to a site underground in adjacent Bryant Park, the rest to a facility in suburban New Jersey that the NYPL shares with Princeton and Columbia universities – is part of a gargantuan $300m reorganisation aimed at lugging the central library into the 21st century.
Eight storeys of Carnegie steel stacks will be ripped from the central library building's interior to make room for a new public space designed by star architect Norman Foster, whose firm designed London's city hall and the reichstag in Berlin. The library has said that the books in the stacks are showing signs of environmental wear and will be better preserved elsewhere.
The sleek new interior space – two city blocks long, eight storeys high and a quarter of a block wide – will come equipped with banks of new computers and, for the first time in two generations, a lending library. It will give a dramatically more modern look and feel for the system's central branch.
"We are aiming to create the greatest library facility in the world," Anthony Marx, the library's CEO and president, told the Guardian. "And we are as committed as the scholarly community to ensure that it continues to be a great research facility."

Interesting article on the creative thought process (Guardian):

Every creative journey begins with a problem. It starts with a feeling of frustration, the dull ache of not being able to find the answer. When we tell one another stories about creativity, we tend to leave out this phase of the creative process. We neglect to mention those days when we wanted to quit, when we believed that our problems were impossible to solve. Instead, we skip straight to the breakthroughs. The danger of telling this narrative is that the feeling of frustration – the act of being stumped – is an essential part of the creative process. Before we can find the answer – before we probably even know the question – we must be immersed in disappointment, convinced that a solution is beyond our reach. It's often only at this point, after we've stopped searching for the answer, that the answer arrives. All of a sudden, the answer to the problem that seemed so daunting becomes incredibly obvious.
This is the clichéd moment of insight that people know so well from stories of Archimedes in the bathtub and Isaac Newton under the apple tree. When people think about creative breakthroughs, they tend to imagine them as incandescent flashes, like a light bulb going on inside the brain.
These tales of insight all share a few essential features that scientists use to define the "insight experience". The first stage is the impasse. If we're lucky, however, that hopelessness eventually gives way to a revelation. This is another essential feature of moments of insight: the feeling of certainty that accompanies the new idea. After Archimedes had his eureka moment – he realised that the displacement of water could be used to measure the volume of objects – he immediately leaped out of the bath and ran to tell the king about his solution. He arrived at the palace stark naked and dripping wet.

Gunter Grass in stepped in it again with a poem decrying the military first strike mentality specifically referencing Israel's supposed intention to bomb Iran's nuclear sites. (THR):

The poem is, to put it bluntly, morally obtuse and politically embarrassing. Having reversed the arrows of causation, Grass says nothing about the hatred of Israel that the Iranian regime has publicly expressed since 1979, about its specific threats to “wipe it off the map” in the past decade, or the vicious Jew-hatred that is a steady diet of its propaganda. Apparently he has not read the most recent reports of the International Atomic Energy Agency that confirm Iran’s efforts to build nuclear weapons. Nor does Grass understand that the purpose of missile-carrying submarines is to ensure the credibility of a second strike should Iran or any other power attack Israel first. These submarines are essential for a stable system of deterrence. No Israeli leader has spoken about delivering a first strike with nuclear weapons that would “extinguish” the Iranian people. All of this comes from a man who was “silent” for five decades of his very successful literary career about the fact that as a young man he was a member of the Waffen SS at the end of World War II.
The idea, put forward by Grass, that there is a taboo in German intellectual and political life about criticizing Israel and its policies has been a favorite theme of Israel’s critics since the 1960s. But the taboo does not exist. There has been no silence in Germany, especially in such places as Der Spiegel or the Süddeutsche Zeitung, not to mention among intellectual and political forces to their left, for many decades. On the contrary, hostility to both Israel and the United States, and the view that these two countries are the major threat to world peace, became embedded in the German left-wing and left-liberal mainstream many decades ago. In this sense, Grass’s diatribe is part of a long established conventional wisdom. It takes neither courage nor intelligence to run with the mob. Grass’s poem seeks to make the mob yell even louder.

Pew Study on e-Reading confirms some interesting trends.  Among them (Pew):

30% of those who read e-content say they now spend more time reading, and owners of tablets and e-book readers particularly stand out as reading more now. Some 41% of tablet owners and 35% of e-reading device owners said they are reading more since the advent of e-content. Fully 42% of readers of e-books said they are reading more now that long-form reading material is available in digital format. The longer people have owned an e-book reader or tablet, the more likely they are to say they are reading more: 41% of those who have owned either device for more than a year say they are reading more vs. 35% of those who have owned either device for less than six months who say they are reading more.

The average reader of e-books says she has read 24 books (the mean number) in the past 12 months, compared with an average of 15 books by a non-e-book consumer. Some 78% of those ages 16 and older say they read a book in the past 12 months. Those readers report they have read an average (or mean number) of 17 books in the past year and 8 books as a median (midpoint) number.

 

 Will Self takes a look at Twitter (New Statesman):

Is all this human twittering in any meaningful sense crazy? Not, I'd argue, if you see it for what it is - but if it's considered to be an advance of some kind in the sphere of human relatedness, that has to be nuts. I spent a great deal of the 1970s avoiding bores with slide carousels who wanted their holiday slides writ large on suburban walls - why on earth would I want to reacquaint myself with such tedium in the form of Facebook's petabytes of snapshots? I think it was the anthropologist Robin Dunbar - one of the proponents of the "social mind" conception of human cognitive evolution - who theorised that language developed as an outgrowth of the group cohesion that other great apes cement by picking parasites from each other's fur.

Speaking of which, from the twitter this week:

Essay defending the planned changes at New York Public Library Inside Higher Ed:

New post: My exciting new job at Elsevier: Inaugural editor-in-chief of The Journal of Applied Publishing Experiments: http://bit.ly/HIZxHP

Is making books social a good thing or a bad thing? Gigaom

We've been giddy here in the PND sports department over the past month and it's looking like delirium in Salford and weeping in the City.  Man Utd are closing in on number 20 and the boss pays tribute to Paul Scholes (MEN)