Keynote Speakers 2019

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ABSTRACT
National copyright laws necessarily include a number of provisions that are required to comply with international copyright treaties. The World Intellectual Property Association (WIPO) has traditionally been focused on treaties that strengthen the rights of copyright owners. However, for nearly a decade, WIPO’s Standing Committee on Copyright and Related Rights (SCCR) has been discussing the need for a treaty setting out copyright exceptions for libraries and archives. Such a treaty would require signatory nations to include in their domestic copyright laws a minimum level of exceptions (a.k.a. users’ rights) that would enable libraries and archives to fulfill their public interest mission. Drawing on her experience as a representative of the International Council on Archives at SCCR, Dr. Dryden will describe the current state of these discussions, including the players, the obstacles, strategies, and prospects for success.

BIO
Jean Dryden’s expertise in copyright has been developed over many years of experience as an archivist. As Chair of the Bureau of Canadian Archivists Copyright Committee, she played a lead role in successful lobbying for exceptions for libraries, archives and museums during the discussions leading to the 1997 amendments to the Copyright Act. Her doctoral dissertation (Toronto, 2008) investigated the copyright practices of Canadian archives in making their holdings available online. In 2015, she completed a Master of Laws degree, specializing in Intellectual Property, from Osgoode Hall Law School at York University. She has recently published a study of the meaning of publication in Canadian copyright law, and is currently engaged in a comparative study of the concept of publication in U.S. law. Jean is the author of Demystifying Copyright: A Researcher’s Guide to Copyright in Canadian Libraries and Archives (2nd ed., 2014). She teaches copyright courses for the School of Continuing Studies at the University of Toronto and for the Society of American Archivists. A member of the International Council on Archives’ (ICA) Expert Group on Legal Matters, she has represented the ICA at the World Intellectual Property Organization’s Standing Committee on Copyright since 2015.

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ABSTRACT
The Georgia State copyright infringement lawsuit, which has been going on for almost a decade, raises a nearly universal question for higher education – to what degree may copyrighted materials be used for educational purposes without a license? This, of course, is also the question raised by Access Copyright v. York University, and the similarity is heightened by the dominating presence of the Copyright Clearance Center in the GSU case. In both cases, the litigation is really an aggressive technique for marketing licenses to higher education. In this presentation, we will review the GSU case, extract what lessons from it that we can, and compare the situation in the United States to that in Canada.

BIO
Kevin Smith became the Dean of Libraries and Courtesy Professor of Law at the University of Kansas in May 2016, after 10 years as Director of Copyright and Scholarly Communications at the Duke University Libraries. As both a librarian and a lawyer specializing in intellectual property issues, Smith’s role at Duke was to advise faculty, staff, and students about the impact of copyright, licensing, and the changing nature of scholarly publishing in higher education. Prior to that, Smith was director of the Pilgrim Library at Defiance College in Ohio, where he also taught constitutional law. His teaching experience is various, having taught courses in theology, law, and library science. Smith is the author of numerous articles on the impact of copyright law and the internet on scholarly research as well as libraries’ role in the academy. He has been a highly regarded blogger on these issues for many years, and in 2013 published Owning and Using Scholarship: An IP Handbook for Teachers and Researchers with the Association of College and Research Libraries. His book on Coaching Copyright, with Erin Ellis, will be released by the American Library Association in the spring of 2019. Smith holds a BA from Hamilton College in Clinton, N.Y., an MA from Yale Divinity School, an MLS from Kent State University, and a JD from Capital University. He did doctoral work in theology and literature at the University of Chicago. Smith has been admitted to the bar in Ohio and North Carolina.

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BIO
Gregory Younging was a member of Opsakwayak Cree Nation. He held a Masters of Arts degree from the Institute of Canadian Studies at Carleton University and a Masters of Publishing degree from the Canadian Centre for Studies in Publishing at Simon Fraser University. He received his doctoral degree from the Department of Educational Studies at University of British Columbia. Gregory worked for the Royal Commission on Aboriginal Peoples, Assembly of First Nations, and Native Women’s Association of Canada. From 1990 to 2003, he was Managing Editor of Theytus Books. He was the former Assistant Director of Research for the Truth and Reconciliation Commission of Canada. He was most recently on faculty with the Indigenous Studies Program at University of British Columbia Okanagan in Kelowna. Gregory was a member of Canada Council’s Aboriginal Arts Advisory Committee (1997–2001) and the British Columbia Arts Council (1999–2001).