July 30, 2014

Kevin L. Smith

About Kevin L. Smith

As Duke University’s first Director of Scholarly Communications, Kevin Smith’s (kevin.l.smith@duke.edu) principal role is to teach and advise faculty, administrators and students about copyright,intellectual property licensing and scholarly publishing. He is a librarian and an attorney (admitted to the bar in Ohio and North Carolina) and also holds a graduate degree in religion from Yale University. Smith serves on Duke’s Intellectual Property Board, Digital Futures Task Force and Open Access Advisory Panel. He is also currently the vice chair of the ACRL’s Scholarly Communications Committee. His highly-regarded blog on scholarly communications discusses copyright and publication in academia, and he is a frequent speaker on those topics.

Can Libraries Help Stop this Madness? | Peer to Peer Review

Kevin L. Smith

The business of university press monograph publishing has always been madness, and changing conditions have made it even less sensible than it was. Yet any suggestion that there should be fewer university presses or that they should refocus their missions is greeted with shouts of dismay that are usually reserved for heretics and anarchists. Maybe we should remember that oft-quoted definition of madness—doing the same thing over and over while expecting different results.

Crisis, Paralysis, and Progress | Peer to Peer Review

Kevin L. Smith

The library community has been talking about a “journal pricing crisis” for over two decades. What we have not seen so far is any kind of concerted effort to break through this cycle. But two growing movements—the push toward open access and the growth of library publishing programs—make me think that we may be reaching a tipping point. In a white paper released last month, library administrators Rebecca R. Kennison and Lisa R. Norberg describe the need for “deep structural changes” in the systems through which scholarship is created and communicated. I honestly do not know if their proposal is the one that will trigger these changes, but I know that they are pointing us in the right direction.

Of Bundles, Bindings, and the Next Great Copyright Law | Peer to Peer Review

Kevin L. Smith

Everyone who teaches copyright uses the same metaphor, I think. Copyright is a “bundle of sticks.” A property owner is said to have a bundle, where each “stick” represents an exclusive right. I had not really thought deeply about this metaphor until it was raised at a conference I attended whose theme was what a new copyright law might look like. There was a lot of talk about the problems with the current law. Until then it had not occurred to me that one of those problems was the bundle of rights itself.

Just the Tip of the Iceberg | Peer to Peer Review

Kevin L. Smith

Gibberish is defined by Merriam-Webster as “foolish, confused, or meaningless words,” and the example sentences that are given suggest that gibberish is produced by people who are overexcited or unconscious. But it turns out that computers can also write gibberish, if they are programmed to do so, as we all found out when it was announced that publishers Springer and IEEE were withdrawing 120 papers they had published because they were found to be such computer-generated gibberish.

Fight or Flight? | Peer to Peer Review

Kevin L. Smith

Nature has built in two important responses for human beings and other animals facing danger, which psychologists call the fight and the flight reflexes. Depending on the nature of the threat, either choice might be sensible in a specific context. This all came to mind during a conversation a couple of weeks ago with Chris Bourg, the Associate University Librarian for Public Services at Stanford. She spoke to Duke’s Seminar on the Research Library about the threat to libraries from neoliberal thinking in higher education. Chris’ talk was very interesting and challenging. I am not sure I entirely agree with her. But the part of the conversation I want to focus on is how librarians respond to a sense of crisis in our profession.

Making FERPA Fit When We Flip | Peer to Peer Review

Kevin L. Smith

A great deal of my professional life is spent trying to make a body of law from the analog age, the 1976 Copyright Act, fit into the digital world. It is a difficult task, but today I want to discuss a different body of law from the same era—the Family Educational Rights and Privacy Act of 1974 (FERPA), aka the Buckley amendment—and how it can fit with the new activities we are engaged in in the online age.

Economics 404: Fixing What’s Broke | Peer to Peer Review

Kevin L. Smith

This year, several announcements and blog posts combined to focus my attention on a slightly different question. What problems can open access solve? The answer seems obvious; open access will solve the problem of highly restricted and limited access to scholarship. A somewhat different problem that OA can help solve is the problem of scholarship locked up in the hands of badly run businesses that have come to believe that their inefficient and ineffective ways of doing business must be preserved at all costs.

A Circuitous Journey with Black Elk and Ezra Pound | Peer to Peer Review

Black Elk Speaks has been published by three different publishers in the U.S. The rarity that this movement creates is the availability of different editions of the book from different publishers. That is, there is a semblance of competition in the publishing of Black Elk Speaks. This anomaly brings into relief the normal effects of the copyright monopoly. It offers an opportunity to reflect on what alternatives to the strict publishing monopoly might look like.

We Have a Treaty! Now What? | Peer to Peer Review

Having written a column a couple of weeks ago expressing skepticism, even cynicism, about the prospect of the international diplomatic conference sponsored in Marrakesh by the World Intellectual Property Organization actually producing a treaty on copyright exceptions for the blind and visually impaired, I was both pleased and surprised to hear that such a treaty was agreed to by the delegates in the wee hours of June 25.

By the Time You Read This, Some People May Have an Easier Time Reading | Peer to Peer Review

During these last two weeks of June, delegates to the World Intellectual Property Organization (WIPO) are meeting in Marrakesh, Morocco, to negotiate around a proposed treaty on Limitations and Exceptions for Visually Impaired Persons. Such a treaty would require that each country allow copies of copyrighted materials that are compatible with assistive software to be made.. Such an exception would be very limited, and would serve a very laudable purpose. So it is fair to ask why it has taken so long, seen several reversals on the part of the U.S. administration, and remains controversial.