When it comes to risk taking, librarians are a lot like lawyers, risk averse. Whilst it’s sensible to avoid unnecessary and uninformed risks, avoiding all risk keeps you from growing and moving forward:
"By becoming more of a risk taker, focusing on those risks that are smart in terms of your career and whose results you can manage if things don’t turn out as hoped for, you’ll be able to more easily adapt yourself to new circumstances"
Good advice from G. Kim Dority in the second edition of her book "Rethinking Information Work: A Career Guide for Librarians and other information professionals", which I’d discovered just before the CILIP conference, so Dority was fresh in my mind as I listened to my LACA friend and colleague Naomi Korn’s excellent talk on copyright related risk in the workplace and the role of risk management .
LACA, the Libraries and Archives Copyright Alliance, advocate for a fair and balanced copyright framework that is fit for the digital age. I am Secretary and we were delighted when, in 2014, new regulations brought about a more balanced regime. These much needed reforms, which LACA lobbied hard for, are crucially import for not-for-profit libraries and archives, helping them serve their users more effectively, and reduce costs and overheads, thereby leading to greater efficiency, innovation and improved research. However, Naomi told us that the library and information professionals that she has been speaking to since the law changed over two years ago, whilst welcoming the changes, are nervous about them. It’s a lot to do with terminology:
- "Fair and justifiable"
- "Proportionate"
- "Non-Commercial"
- "Dedicated term"
None of these terms are defined in the legislation so people are left wondering exactly how much can be justified as fair, what’s proportionate, where’s the line between commercial and non-commercial and what exactly is a dedicated terminal?
To add to this uncertainty, as Naomi reminded us, sometimes it isn’t even clear what’s in copyright and what’s not – think orphan works, 2039, piles of bricks and empty beds (are Andre and Emin’s works even protected by copyright?).
This situation poses operational risks which make the profession uneasy. Will our users copy more than they should, use copyright works without permission, view and download inappropriate/illegal material and will we give the wrong advice, copy more than we should, use copyright works without permission etc? If this happens, there could be financial penalties, reputational damage, discontented users, more stress and worry...
So it’s understandable that, when it comes to issues around copyright in particular, as a professional we are risk averse. But, as Naomi explained, this copyright uncertainty is both bad and good, it poses challenges, but it also presents opportunities, and if we don’t manage risk we fail to embrace those opportunities which could offer an improved way of achieving objectives.
Naomi presented us with a conundrum: with all this uncertainty and worry – not just around copyright but the broader problems our profession is currently facing - how can managers help their staff feel safe taking necessary risks, when they don’t feel safe? She then gave us a very useful reality check:
- Risks can be proportionate and informed
- Organisational risk mitigation activities are key
- Most people want to the right thing
- We can make it easier for them to do so
- Your role is not to police
- But just in case –have provisions in place
It is important to pass on the risk where appropriate and possible. This can be done by displaying notices everywhere that copying and access takes place. LACA has revised their copyright posters and issued guidance (which you can download), along with suggested wording for declaration forms for published and unpublished works. It’s also important that terms and conditions for access to digital content are clear and that there are acceptable use policies for internet sites, with different versions for adults and children.
Naomi reminded us of the importance of staff awareness training and stressed the need for copyright policies and procedures. If a member of staff does challenge a user over infringement, that staff member must feel safe and supported. Risk registers are also recommended, as are action plans for notice and takedown. She cited the example of a college that was heavily fined for not acting when they were asked to remove material that they did not have permission to use. Whilst the college may not have avoided a financial penalty completely, the fine would almost certainly have been far smaller if the infringing material had been removed promptly.
She concluded her very useful presentation by stressing that copyright is about business critical decisions. Copyright and risks need to be translated into practical solutions at an operational level and given adequate consideration at a strategic level. Without this library and informational professionals will continue to feel unsafe and exposed and will shy away for taking managed, necessary risks, meaning that, despite the hard won copyright reforms, innovation and research continues to be stifled.
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Thanks to everyone for making the CILIP Conference 2016 in Brighton such an amazing success!
You can catch up on all the discussion, pictures and videos on #CILIPConf16 and download the presentations.
We're excited to announce that CILIP Conference 2017 will be held in Manchester, 5-6 July.
Register your interest in attending CILIP Conference 2017