june05b.indd


Ann Wheeler 

Making
sure
fair
use
gets
a
fair
shake



If you think “intellectual property” (rather than address) when someone mentions IP, 
find Congressional hearings to be fascinating 
reading material, and enjoy advocacy, then 
being the ALA copyright specialist might be 
your job of a lifetime. Carrie Russell has held 
that post in ALA’s Washington, D.C., Offi ce 
for Information Technology Policy (OITP) 
since 1999. “The OITP promotes policies and 
programs that help ensure the public’s right 
to a free and open information 
society.” 

Open for interpretation 
I was immediately curious to 
know what a copyright spe­
cialist does and whom they 
serve. Russell explained, “I pri­
marily work for ALA members 
and other librarians. Most of 
my job is devoted to educat­
ing librarians about copyright. 
I think we have made a lot of 
progress in getting librarians 
to understand what fair use is, but it’s some­
thing that we always have to work on. It’s 
easier not to try to understand fair use. It’s 
easier to follow guidelines that are not part 
of the law. 

“Often times, librarians want clear cut 
‘yes or no’ rules. I create education pack­
ages so that librarians know where to look 
for answers, but those answers will rarely be 
definitive. I explain things—the broadcast fl ag 
is mandated, what does it mean? The DMCA 
[Digital Millennium Copyright Act] is enacted, 
what does it mean? I have a lot of speaking 
engagements and plan a lot of events.” 

C a r r i e 
 R u s s e l l , 
 c o p y r i g h t 
 

specialist
for
the
ALA
Offi

ce
for


Information
Technology
Policy



D.C. work 
Russell categorized part of her job as the 
“D.C. work.” “I conduct policy analysis on 
copyright, information commons, and, to a 
lesser extent, digital rights management. I 
look at new developments that people are 
talking about on the Hill and at the federal 
level. I think about what it might mean for 
copyright and libraries if something comes 
to pass. For example, peer­to­peer fi le shar­

ing has led to legislation and 
litigation that impacts librar­
ies, even though peer­to­peer 
doesn’t seem directly related 
to libraries. Once I identify 
an issue, I focus on it and 
track it. I do a lot of reading 
of what other people are say­
ing—what’s their take on 
the topic—and try to make 
an overall analysis.” 

“We also work as a think 
tank,” Russell added. “We’re 
not Brookings or anything like 

that but we’re supposed to be thinking about 
what’s on the horizon, so we hold meetings 
with experts like economists, technologists, 
and other folks we want to hear from. Any 
new information I glean from these discus­
sions, I share with our lobbyists because 
they’re the ones who actually have to talk to 
the decision makers, the congresspeople, and 
their staffs. I will say, ‘This is what’s really 

Danianne Mizzy is assistant head of the Engineering 
Library at the University of Pennsylvania. Have an idea 
for a “Job of a Lifetime” story? E-mail: danianne@seas. 
upenn.edu. 

458C&RL News June 2005

http:upenn.edu


happening and this is how it would impact 
libraries.’ It’s behind the scenes research.” 

Making the complex clear 
One of the things Russell fi nds rewarding 
about her job is the opportunity to write. 

“I am very happy when I can write some­
thing well. I never knew how much I enjoyed 
writing until I worked here. I like taking 
something complex and writing about it in 
a way that people can understand. Take the 
DMCA. There’s a lot of noise in it, a lot of 
stuff that doesn’t matter to us. There are just 
a couple things that are important for librar­
ians.” She is the author of Complete Copyright: 
An Everyday Guide For Librarians and also 
pens a copyright advice column, “Carrie On 
Copyright,” for School Library Journal, where 
she answers selected questions from readers. 
She’s also been teaching an online seminar 
for ACRL, “Current Copyright Issues Facing 
Academic Libraries.” 

OITP is ramping up its Copyright specialist ways remind people that 
own Copyright Advisory as a resident of the Dis­

What: ALA Office for Information 
Network, an idea that trict of Columbia, I don’tTechnology Policy t 
was generated by the have senators or repre­h 

Where: Washington, D.C. 
Copyright Advisory Com­ sentatives. I have taxa­

For more information, visit: mittee. Russell described tion without representa­t 
www.ala.org/ala/washoof/oitp 

how it works. “People tion! You guys should be t 
/oitpoffi ceinformation.htm 

w 

who have a copyright 
question or concern can 
go to the Web site, sign up to be part of 
the network, and then post their question 
anonymously to the bulletin board. Other 
network members write back with a range of 
responses. People begin to understand that 
copyright is interpretive and that eventually 
they and their particular institutions are go­
ing to have to assess where they stand. Are 
they risk­averse or do they want to push the 
envelope? If they want to push the envelope, 
they can learn about people’s success stories 
or challenges on the network.” She is hoping 
to increase the number of copyright scholars 
contributing opinions to the site. 

The good fi ght 
When I asked what people might be most 
surprised to learn about her job, Russell had 

a very interesting response. “I think people 
have a misconception about D.C.—it really 
is a different world ‘inside the beltway.’ We 
have to be very political, very strategic about 
every move. We have to work with the Ex­
ecutive and Legislative branches, whomever 
is in office. Sometimes we have to do things 
that look from the outside as if we’re cav­
ing in and not fighting ‘the good fi ght.’ A 
U.S. senator may say something outrageous 
and I think sometimes librarians would like 
us to march out the door, stage a protest, 
and march down Pennsylvania Avenue in 
outrage. If we reacted that way, we would 
lose all credibility and we would not affect 
change. It can be very frustrating, but you 
have to play the game.” 

See you at Legislative Day! 
Russell spoke passionately about the role 
of librarians at the local level. “They can 

have a great impact. I al­

wwriting your congress­
people because they dop 

read those letters. 
“It would be great if we could get more 

librarians to be on the frontline as fair use 
advocates. I know it’s harder to argue for 
fair use than against banned books, but it’s 
discouraging to hear congressional staff say, 
‘Why do librarians care about copyright? 
What does fair use have to do with you?’ 
when in fact libraries are all about copyright 
law. There are entire sections of the law 
devoted to us, but congresspeople are not 
hearing from their constituents.” 

The next time I receive one of those 
Washington Office Newsline requests to 
write my members of congress, I’ll be more 
likely to add my voice to those of library 
advocates like Carrie Russell. How about 
you? 

June 2005 
459
 C&RL News 

www.ala.org/ala/washoof/oitp