Fair Use & Figures: When Is It OK? (Part Two: Fair Use)

Fair Use?

Point 2: Is it fair use?

In part one of this post on using research tables and figures in social media, the focus was on, “Let’s find something that isn’t copyrighted, and just use that, because we know that will be safe” (sort of). But sometimes what you want is new, not old, and from a copyrighted publication, not something open access. When that happens, what do you do? Can you still use it?

It started with Andrew’s question, but he sure isn’t the only person asking!

The answer is (again) it depends. And, to be honest about it, the “it depends” is a whole lot messier. The idea of “fair use” makes the idea of “copyright” look like child’s play. As usual, I am not a lawyer (IANAL), so take the information here at your own peril, and don’t go quoting me to your own lawyers. That said, I’ll be giving references to a lot of information that IS from lawyers, so refer people to the original sources whenever possible!

This is a question that comes up a lot. Even more often, I suspect, it doesn’t come up at all when it ought to, because someone assumed it was alright and didn’t think about it more deeply. I may have even done that myself (and I’m afraid to go back and look too closely at my blogposts).

WHY ARE FIGURES DIFFERENT?

The shortest version I’ve found explaining why “fair use” for research figures from articles are DIFFERENT from other images is this snippet from Scholarly Publishing @ MIT Libraries:

“Note: an image or figure would commonly be considered a work in and of itself, weighing against fair use; or could summarize the key point of an article, also weighing against fair use.” Reuse of figures, images, and other content in theses http://libraries.mit.edu/scholarly/publishing/copyright-publishing-guide-for-students/reuse-of-figures-images-and-other-content-in-theses/

That’s the gist of it. Applying “fair use” to reusing content from a larger work depends on four factors:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work
US Copyright Office: Copyright: Fair Use: http://www.copyright.gov/fls/fl102.html

The point from MIT regards the 3rd factor, “amount and substantiality.” If the image is considered a work independent of the article, then copying it is copying a complete work instead of a percentage, and that is not OK. If the figure is considered a fair distillation of the complete article, then that could be considered equivalent to copying the whole article. To be allowed to use something under “Fair Use” claims, it is recommended to meet all FOUR of the four factors: no money, factual or data-focused content, a tiny bit of it (insignificant amount), and little to no impact on sales of the original. If any of those are iffy, you’ve got a problem.

In a recently published article in the research journal CIRCULATION, the editors of the journal attempted a randomized controlled trial to test the success or failure of social media in promoting readership of articles. How did they do this? Well, they posted randomly selected articles to Facebook and Twitter, but a bit part of how they posted included (you guessed it!) FIGURES. For exactly the same reasons we are NOT supposed to use them, technically speaking.

“However, our social media postings were comprehensive in that they focused on the main message of the article and included a key figure from the article. Thus, it is possible that social media users did not find it necessary to access the full article and therefore experienced increased awareness of the article but not online access of the primary source. This raises the possible concern that social media could reduce the potential reach of original published research as demonstrated by altmetrics.” Fox CS, Bonaca MA, Ryan JJ, Massaro JM, Barry K, Loscalzo J. A Randomized Trial of Social Media From Circulation. Circulation 2015; 131: 28-33. http://circ.ahajournals.org/content/131/1/28.full

In that test, it was the editors of the journal posting the figures, and even then, they questioned the utility and benefit. A big part of the question, which they highlight in that snippet, was whether it is better to have awareness of the article and its findings, or actual readers. This assumes that people who click through to the article actually read it, which is itself questionable.

So, that’s the short view. Just to round it out, here are a few more pieces relating to this topic.

WHAT IF I DRAW MY OWN FIGURE?

A common recommendation is to redraw the figure. Annoying, time-consuming, but supposedly legal, most of the time, as long as the content is primarily data (since data can’t be copyrighted). Indeed, this is recommended by many experts as THE solution to this problem.

Q: I want to use a figure from another thesis or dissertation from my group. Do I need to ask permission?
A: “Usually. The student who wrote the thesis or dissertation owns the copyright and must be asked for permission. Figures are generally considered works in and of themselves and do not usually constitute a small portion of the work. See “How to Use Copyrighted Materials” for more information. If, however, the figure is a simple representation of data, you may not need permission. Data cannot be copyrighted, so non-creative ways of representing the data are generally considered fair use.” Copyright Frequently Asked Questions | Michigan Tech Graduate School http://www.mtu.edu/gradschool/administration/academics/thesis-dissertation/copyright/faq/

It depends on who you ask, though. I don’t know the court law on this, but I’ve found recommendations on both sides. Overwhelmingly, what I’ve found it people recommending to redraw the figure. And then I found this, from the Association for Computing Machinery (ACM).

“Redrawing a figure does not change the Fair Use analysis; the figure cannot be used without permission just because it is redrawn.” ACM Guidance for Authors on Fair Use http://www.acm.org/publications/guidance-for-authors-on-fair-use

WHAT IF I JUST GO AHEAD AND USE IT? NO ONE WILL CARE, RIGHT?

Another common approach (probably the one I am most guilty of myself) is to assume that you aren’t important enough to bother with, or that no one will notice you did it, or that if they do notice all that will happen is they ask you to take it out. I haven’t even attempted to figure out how often this happens. The gist of the idea is that, while it may not be strictly legal, it IS fairly common practice, and can be a win-win for each side (as long as you are saying nice things, anyway).

The “Win-Win” Argument:

“Most authors will probably be happy that their results are disseminated, and reuse is likely to lead to more people reading the full paper and citing the work.”
Martin Fenner. Why can’t I reuse these tables and figures? Gobbledygook (PLoS Blogs) 2010.
http://blogs.plos.org/mfenner/2010/09/30/why-cant-i-reuse-these-tables-and-figures/

The “Standard Practice” Argument:

“Posting figures from papers “was something we all did, all the science blogs, and I had been doing it since I started the blog. I always thought I was doing a public service, I wasn’t plagiarizing or claiming it was my own data.”” Andrea Gawrylewski. For blogger: A threat, then an apology. The Scientist May 2, 2007. http://www.the-scientist.com/?articles.view/articleNo/25066/title/For-blogger–A-threat–then-an-apology/

So, it’s fine, right? Uh, not so much. If you are doing this on a work related blog or for your organization, it is awfully risky, since they can be held liable, which is a real can of worms. If you are only doing this on your personal blog, and it is made clear that these are your words and actions and not to reflect on your employer, … it’s your decision.

WHAT IF THEY PULL OUT THE BIG GUNS?

There are publishers who have (or will) pull out the big guns. Yes, usually, even if they notice, they’ll just ask you to take it down, to “cease and desist,” but there is no guarantee. The best known case in science blogging of use of a figure gone wrong actually centered around a PhD student here at the University of Michigan, Shelley Batts, back in 2007.

“When Shelley Batts wrote up a report on an article about antioxidants in fruits, she never expected to get contacted by the copyright police, but that’s exactly what happened.” Munger, Dave. Is reprinting a figure fair use? http://scienceblogs.com/cognitivedaily/2007/04/26/is-reprinting-a-figure-fair-us/

In Shelley’s words:

“In short, I was threatened with legal action if I didn’t take it down immediately. I used a panel a figure, and a chart, from over 10+ figures in the paper. I cited and reported everything straight forwardly. I would think they’d be happy to get the press. But alas, no.” Batts, Shelley. When Fair Use Isn’t Fair. http://scienceblogs.com/retrospectacle/2007/04/25/when-fair-use-isnt-fair-1/

The blogosphere went WILD. Some of the issues brought up included that this was government funded research paid for by taxes; the “amount used” argument (since it was such a small fraction, not even a complete image); the stifling impact on science discourse; the chilling of public awareness and policy discussions; and heavily, the critical distinction between “fair use” and being granted permission.

“First, the blogger Batts did not go through the usual process to request permissions to use published material in advance. It is not clear that had this been done that she would have been refused and indeed permission may eventually be extended. … Of course, once the appropriately senior person at Wiley was involved, the situation was resolved. This is not a “win”. This is a “loss” …” DrugMonkey. “This figure is reproduced with permission of the publisher.” https://drugmonkey.wordpress.com/2007/04/26/this-figure-is-reproduced-with-permission-of-the-publisher/

It is easy to find posts about this, but the one that seems to have really tipped the balance was when BoingBoing stepped in.

“This is, of course, bullshit. Reproducing part of a figure in a critical, scholarly essay is so obviously fair use that it hardly bears discussion. Wiley’s lawyers know this. You and I know it too.” Doctorow, Cory. Wiley threatens scientists with copyright law – UPDATED. http://boingboing.net/2007/04/26/wiley-threatens-scie.html

Eventually, it all calmed down, when Shelley was “granted permission” to use the image by the publisher. Many expressed concern that this ended up muddying the waters, that this was and should have been respected as fair use, that the publisher should have acknowledged this was fair use, and that granting permission implies that permission was theirs to grant (permission that is irrelevant in the case of fair use). Shelley was happy – she wasn’t getting sued, and her original blogpost was able to stay (although I can’t find it now, and I don’t know why).

“I was so surprised that anyone would think I was doing science a disservice. Science blogs bring pedantic ‘ivory tower’ knowledge to a completely new audience that would probably never hear about it otherwise. But in the end, I’m glad it happened — and that the entire blogosphere howled.”
Moments in Medicine at Michigan, Summer 2007. http://medicineatmichigan.org/magazine/2007/summer/moments

But the University of Michigan lawyers stated that she had done nothing wrong to begin with. So. Clear as mud, eh?

“Maybe if we weren’t so worried about copyright, we’d be able to report on more research.” Dave Munger, op cit.

Systematic Reviews 101

Systematic!!!

This morning in the Emergent Research Series, my colleagues Whitney Townsend and Mark MacEachern presented to a mix of mostly faculty and other librarians about how medical librarians use the systematic review methodology. They did a brilliant job! Very nicely structured, great sources and examples, excellent Q&A session afterwards. They had planned for some activities, but it ended up there wasn’t time. I’d like to know more about what they had planned!

I was one of the folk livetweeting. According to my Twitter metrics, this was a popular topic. I assembled a Storify from the Tweets and related content. I thought it would be of interest to people here.

Storify: PF Anderson: Systematic Reviews 101: https://storify.com/pfanderson/systematic-reviews-101

On Validating Search Strategies

validation

This question came up because of this:

Varela-Lema L, Punal-Riobóo J, Acción BC, Ruano-Ravina A, García ML. Making processes reliable: a validated pubmed search strategy for identifying new or emerging technologies. Int J Technol Assess Health Care. 2012 Oct;28(4):452-9. http://www.ncbi.nlm.nih.gov/pubmed/22995101

What did they mean when they said “a validated PubMed search strategy”? Our MLA systematic review team that is working on search strategies for emerging technologies identification was, shall we say, curious. For this article, it meant that they tested the search results against the next best method previously used (handsearching). The topic was emerging technologies, and what they did was select influential journals and scanned the TOCs manually (which actually means by using their own eyeballs). The journals they scanned were: Science, JAMA, Lancet, Annals of Internal Medicine, Archives of Internal Medicine, BMJ, Annals of Surgery, Am J Transplantation, Endoscopy, J Neurology Neurosurgery Psych, Archives of Surgery, Annals of Surgical Oncology, British Journal of Surgery, and Am J Surg Path. Of the 35 articles that qualified from these journals, the search strategy accounted for 29. The ‘missing’ articles lacked appropriate title words relating to the novelty of the concept, OR used text words that had been removed from the search strategy to improve specificity (reduce total numbers retrieved).

Is that an appropriate way to validate a search strategy? Probably a pretty fair approach for this one, IMHO, especially since they did such a good job of reporting the specific calculations and details of the actual findings of the searches. Is that how most search strategies are validated? Well, perhaps not.

What I’ve been doing to validate search strategies for systematic reviews is to test and compare the search results to a defined set of sentinel articles. The sentinel articles are selected by the team’s subject experts as being good examples of articles that should be retrieved by a search on the defined question. The requirements beyond topic are that each of the sentinel articles should be older than two years, newer than 1990 (this can be flexible, depending on the topic), and must meet all of the defined inclusion criteria for the review. I usually recommend that the pool of selected sentinel articles include no fewer than 3 and no more than 10 citations. This is to make it possible to achieve complete success, as with each added citation, inclusion of all of them becomes more difficult. I also emphasize that the articles do not need to be excellent or required articles on the topic (ie. “gold standard” articles), but that it is, in my opinion, actually more effective for testing if the articles are a selection of relevant, but not necessarily the best ever written on the topic.

Draft versions of the search are tested against this set of articles, and if any “drop out” (are not included) we need to then figure out why, and determine whether to revise the search to include them, or justify the exclusion, or request NLM to correct the coding error in that article’s record. In these last two cases, the exclusion must be reported in the methods. Ideally, one would also describe the strengths, weaknesses, and/or limitations of the search strategy.

Here are some citations to other ways in which searches are validated.

Hausner E, Waffenschmidt S, Kaiser T, Simon M. Routine development of objectively derived search strategies. Systematic Reviews 2012 1:19. http://www.systematicreviewsjournal.com/content/1/1/19
NOTE: This is basically the same “sentinel articles” approach described above.

Hausner E, Guddat C, Hermanns T, Lampert U, Waffenschmidt S. Development of search strategies for systematic reviews: validation showed the noninferiority of the objective approach. J Clin Epid Feb 2015 68(2):191-199. http://www.sciencedirect.com/science/article/pii/S0895435614003874
NOTE: Interesting article tests the reproducibility of Cochrane reviews and their reported search strategies. The emphasis is on the need for objective and reproducible search strategies in systematic review publications.

Van Walraven C, Bennett C, Forster AJ. Derivation and validation of a MEDLINE search strategy for research studies that use administrative data. Health Serv Res. 2010 Dec;45(6 Pt 1):1836-45. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3026961/
NOTE: Compared to handsearching.

Walsh ES, Peterson JJ, Judkins DZ. Searching for disability in electronic databases of published literature. Disability and Health Journal Jan 2014 7(1):114-118. http://www.sciencedirect.com/science/article/pii/S1936657413001647
NOTE: Very interesting two part test to manage the quality control of the search strategy. First, they used the method described above (compared to sentinel articles), then, because the search excluded specific topic terms in favor of broad keyword searching, they validated by comparing retrieval to the results of a known topic search.

Hempel S, Rubenstein LV, Shanman RM, Foy R, Golder S, Danz M, Shekelle PG. Identifying quality improvement intervention publications–a comparison of electronic search strategies. Implement Sci. 2011 Aug 1;6:85. doi: 10.1186/1748-5908-6-85. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3170235/
NOTE: Compared relevance and quality of search strategies by results being reviewed for relevance by independent experts. My personal misgivings about this method for validating a search is that it cannot test for what is missed that you don’t know about.

Tanon AA, Champagne F, Contandriopoulos AP, Pomey MP, Vadeboncoeur A, Nguyen H. Patient safety and systematic reviews: finding papers indexed in MEDLINE, EMBASE and CINAHL. Qual Saf Health Care. 2010 Oct;19(5):452-61. http://www.ncbi.nlm.nih.gov/pubmed/20457733
NOTE: Compared sensitivity & specificity for new search strategies in comparison to previously published search strategies on the same topic. Validated by comparing to a large selection of sentinel articles. Very difficult to achieve, and am ambitious strategy!

Brown L, Carne A, Bywood P, McIntyre E, Damarell R, Lawrence M, Tieman J. Facilitating access to evidence: Primary Health Care Search Filter. Health Info Libr J. 2014 Dec;31(4):293-302. http://www.ncbi.nlm.nih.gov/pubmed/25411047
NOTE: Interesting strategy that first created and validated a search strategy in OVID for quality control over the search development process, and then converted the strategy to PUBMED and validated it again. The validation was again through the selection of a set of sentinel citations, but they explicitly selected for the best quality articles in the topic and referred to the set as the “gold standard.”

Damarell RA, Tieman JJ, Sladek RM. OvidSP Medline-to-PubMed search filter translation: a methodology for extending search filter range to include PubMed’s unique content. BMC Med Res Methodol. 2013 Jul 2;13:86. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3700762/
NOTE: Same strategy as the article by Brown, Carne…Tieman above, but a different topic.

You can find more articles on this topic by exploring the following search results:

(validated OR validation OR “quality control” OR “quality assessment”) search strategy review http://www.ncbi.nlm.nih.gov/pubmed/?term=(validated+OR+validation+OR+%22quality+control%22+OR+%22quality+assessment%22)+search+strategy+review

OneTab & What I Do With It

One Tab
One Tab: https://www.one-tab.com/

I am reluctant to add plug-ins to my web browsers, but this one is an exception. I have been raving about One Tab ever since I started using it. And I was responsible about adding it, asking the local geek squad from campus IT to test it out first, and got approval. So this is genuinely a good thing.

I’ve been raving about it, asking colleagues at work if they use it, demonstrating it, talking it up. The word is spreading, and people I’m showing it to are doing the same for others.

People I work with are noticing some of the interesting ways I’ve been using it and sharing those. One Tab has become my number 1 productivity tool. It was suggested that I really ought to blog about this. Eh voilà!

WHAT ONE TAB DOES

One Tab allows you to grab your open tabs, either from a single window or the entire browser session, and dump them into a big list. The list sorts them into clusters (called “tab groups”) by when they were added, with the most recent additions on top. The list is made up of active links. You click on a link to open that tab again, or you can re-open the entire group again, or you can re-open the entire session again. You can also SHARE the group or list, as a link, a QR code, or copy and paste into an email and have the whole list.

GETTING & USING ONE TAB

First things first, if you don’t want to read any further, you can get this plug-in for either Chrome or Firefox. Follow the usual instructions for installing plug-ins for your browser.

You’ll see a small blue triangle (it’s supposed to look like a funnel) in the upper right hand corner of the window frame.

Using One Tab

Click on that, and it will add all the tabs from the current active window into the One Tab page. The One Tab page might (if you’re as crazy as me) look something like this.

OneTab Demo 1

When I want to share the whole collection, the link to do so is in the upper right hand corner of the window’s content.

Using One Tab 2

When shared, it collapses all the groups into one big list, in reverse chronological sequence by when you added them. That looks like this.

OneTab Demo 2

You may also restore a single tab group, or share individual groups, and the links to do so are at the level of the group. You can delete a tab group or collection after you don’t need it any more.

Using One Tab 3

People have asked me what the MORE button does. It’s pretty nifty. You can name the cluster something that means something to you. You may have noticed that One Tab provides the most recent date and time that a tab group was last edited, so a tab group can, with naming, become part of a long term project. You can also lock tab groups (which protects it from accidental deletion), or star a tab group (which basically pins it to the top of the list no matter what the date was).

Using One Tab 4

Now, let’s say you restore a tab group. One Tab reopens the entire window and all the tabs. Now, what happens if you make changes, add more tabs, and then click the blue funnel again? It moves the tab group to the top of the list, and adds all the new tabs. If you close a tab while working on the group, that link will now be deleted from the list the next time you save it. If you lock the tab group, it saves the original group just as it was, without making those changes or updates there, and then saves the revised list as an entirely new group. This allows you to have two or more versions of the same collection of links.

WHAT I DO WITH IT

Here’s the fun part! Some of the ways in which I’m using One Tab that make it such an awesome productivity tool for me. Hopefully, these will give you ideas for adapting it to your work flows.

Video List

It seems like each time I open a video in Youtube, they list suggestions of other videos that are indeed interesting and relevant, dagnabbit. I don’t have time to watch them all, and adding them to a playlist is not appropriate until I’m sure I want to see them. With One Tab, I select all the videos I want to watch later on this topic, pop open tabs for each one, and then save the group before Shockwave crashes again. And I can take the list home with me to watch on another computer!

Cybersecurity Video List: http://www.one-tab.com/page/Slv4zfV9SPOhHai65We9pQ

Meetings

So, I’m in a meeting, playing Google jockey on the projecting computer at the front of the room. It’s a great meeting! People have ideas, examples, are sharing lots of links. By the end of the meeting, which winds down slowly and late, the browser is packed with links I need to transcribe into notes to share with the team. Of course, there is another group coming in for a meeting right after ours, and they need the computer. AARGH! What can I do? Well, I click the little blue funnel button, and email myself that link. That’s it, and I have all the work from the meeting. I can also email it out to everyone else, whether they attended the meeting or not, and we have the same collection of links.

Web Accessibility Meeting Links: http://www.one-tab.com/page/bobsBBMaRTyg9Y1AeIExRw

Reference Questions

This is obvious. Get a reference question. Open a search window, do a few searches, and pop open tabs for the sites that look good. Check them out. Close the ones that disappoint you. Click the blue funnel to create a collection to send to the person asking. You don’t need to type the titles, copy the links. Write a brief introduction about why you selected these and what makes them good, and pass them along.

Diabetes and Hot Weather: http://www.one-tab.com/page/nedc0NdWTVyrxKX3GcJE_Q

Cancer risk for hair dressers http://www.one-tab.com/page/pj10yyw1TqCAlIVVD7zRSA

Separate Personal Links From Work Links

You know it happens. You pop over to Facebook to message someone about a meeting, and you see … a link someone posted. It is wild. It is incredible. It is distracting. And you have work to do. And right below that link, Facebook suggests some related links. You want to check them out, and you just KNOW you won’t be able to find them again later. But this has NOTHING to do with work. Quick, pop open tabs, click the blue funnel, and you can explore crochet patterns at home to your heart’s delight. Or whatever it is that caught your fancy this time. It takes seconds, instead of minutes. If you can stop laughing.

Sweater Pants = SWANTS: http://www.one-tab.com/page/kfAqkz_PQgi5BE1HF8Cx7A

News and Current Events

Part of what I do on Twitter is to share links on a variety of topics, some of which are news and current awareness. I try consider my interests, my audience’s interests, and then sort through things that interest me to decide which ones are really worth sharing. And are they shareable right now, or are they something worth preserving and coming back to, or …. Sometimes I have several links to the same news story, and want to take a closer look to select the best one. So, sometimes I like to prowl through my sources, open a bunch of tabs, and let them sit for a few hours or days to decide if I really want to share them, and if so, which.

Recent news, Jan 12, 2015: http://www.one-tab.com/page/ZpzpoukSTqO27SFMVMHr1g

Order Requests and Price Comparisons

Hurray! The powers that be have said you may finally, probably, maybe order that cool new thing you’ve been begging for. Of course, they want to see your research, the prices, and make sure you’ve done due diligence and are being responsible with organizational funds. You can collect all the links, explain what’s in them, what factors you were comparing, all that. With all the data and prices and specs, it can take days or weeks to write up, and several pages to explain. Or you can just write the explanation, and attach the links all in one place. It only makes it a little faster, but it is still a help.

Raspberry Pi Starter Kits & Comparisons: http://www.one-tab.com/page/ZWp_f8PES0CIBfAgWdXb8A

Blogpost Drafts

I know my blogposts are usually already too long. Believe it or not, they could easily be a lot longer. My recent post on Male Rape? I was researching that and collecting videos and news links for almost two MONTHS. I had different directions I might go with it, and had collections of links on various aspects of it. As I progressed with the blogpost, some of the links disappeared from these tab groups, and others stayed because they were so good I didn’t want to risk them being accidentally deleted in editing versions of the post.

Carry That Weight http://www.one-tab.com/page/1TfmPgVNT0miok_5dUCcCA

Male Rape http://www.one-tab.com/page/Avhb5XMZSmuFIZ5r0kU0BA

Bibliography / Article Collections

Another obvious use. From a PubMed search, I can pop open tabs of selected articles on specific topics that I’m considering writing about, either for articles or blog posts.

Microbiome Research Articles: http://www.one-tab.com/page/Tf0l12DaTE-pSgoT8POXiw

MTHFR Research Articles: http://www.one-tab.com/page/3K0wWlDUSk6E6KGCABldEQ

App Collections

I seldom actually have room on my phone to add the apps I’m currently interested in testing out. I like to keep lists of information on apps I might want to try in the future, or which I’m researching for some other reason.

App Collection: http://www.one-tab.com/page/-ft5cuMTRMuGVtAfhh0qmQ

Contact List, sort of

That big long list of One Tab links is searchable, you know, with “Find in Page”. It includes many tabs that are to Twitter accounts of people I either follow and want to check ALL THE TIME (for which purpose I also have a Twitter list named “always”), or people who I’m still deciding if I really want to follow them or not.

Twitter Contact List: http://www.one-tab.com/page/eERG1jMfRO-BCSJUq_kc7g

More

These are all just examples. There is a lot more that could be done. I tend to keep tabs open with things I need to follow up on or respond to, meaning I can collect a “To Do” tab group. There are certain blogs or news services that I tend to read regularly, and I could make a “Frequently Read Blogs” tag group. I try to discourage myself from spending money by using wishlists in stores, but there is the temptation of buying something on sale when it isn’t easy to add to a wishlist. So now, I can make a Shopping tab group that will serve a similar function. Helping the kid with homework, but want them to do it themselves? Make a tab group to start them off, with a sample search and a couple links. Any project, any hobby, any special topic … I tend to crash browsers by having too many tabs open, and One Tab is my savior. That it is a time saver, too, is kind of gilding the lily. It’s wonderful!

At the Movies: Male Rape, 10 (or so) Heartbreaking #BreakTheSilence Videos (TRIGGER WARNING)

Male Rape Word Clouds

A couple months ago I posted about Mike Tyson’s revelation of having been sexually assaulted as a very young boy, and some related information about male rape and how little is said about it. I didn’t want that to be a one-off, something that is brought up once and then dropped. Social media is becoming a huge tool in creating conversations and safe spaces around difficult topics that have traditionally been avoided. This is one of the most powerful ways in which social media is being applied to changing the world we live in, and it is amazing to observe this ‘unmentionable’ topic (male rape) unfolding through social and popular media.

Several recent events have brought the topic back to mind, rapes, and male rape, and other things we don’t talk about. One was the recent Rolling Stone article about a gang rape at the University of Virginia, and the backlash against it, with implications that the story was improperly researched. Another was the earlier protests on my own campus, here at the University of Michigan, which resulted in official responses from campus leadership.

The UMich protests were at least partly in support of Emma Sulcowicz, the Mattress Performance, and the #CarryThatWeight campaign inspired by the Mattress Performance.

And then, there is the story that broke recently on Twitter, of male artist Shia LeBeouf being raped in his gallery during an interactive audience participation performance art piece. This was confirmed by collaborators at the show, and has opened even more conversations about what it means for a man to be raped.

A couple weeks ago I stumbled onto some information about a new public health initiative in the United Kingdom trying to bring awareness to this topic. They are using the hashtag #BreakTheSilence, a tag which is used by many advocacy groups, so it is a little confusing, however well intended it might be. The UK government is using so many different social media platforms to get out this message — Facebook, Twitter, Youtube, Flickr, Instagram, Pinterest, Tumblr, and more. I could conjecture why the UK is being more open about male rape than the USA, but that’s irrelevant for this post. The fact is that they are. There is the government initiative, active support groups, multiple television shows that have had episodes on the topic, with the recent inclusion of a male rape plot theme and storyline in the daily soap Hollyoaks, which extended throughout an entire season of the show.

In the United States, male rape is still not talked about except rarely and in sensational ways. Even then, it is pretty uncomfortable and the stories tend to die down quickly in the media. Research studies show, however, that this is far from uncommon, and that the repression of the stories and lack of available ways to talk about make recovery far more difficult for male victims of rape.

We concluded that federal surveys detect a high prevalence of sexual victimization among men—in many circumstances similar to the prevalence found among women. We identified factors that perpetuate misperceptions about men’s sexual victimization: reliance on traditional gender stereotypes, outdated and inconsistent definitions, and methodological sampling biases that exclude inmates. We recommend changes that move beyond regressive gender assumptions, which can harm both women and men. Lara Stemple and Ilan H. Meyer. The Sexual Victimization of Men in America: New Data Challenge Old Assumptions. American Journal of Public Health: June 2014, 104(6):e19-e26. doi: 10.2105/AJPH.2014.301946

But the same conversation needs to happen for men. By portraying sexual violence against men as aberrant, we prevent justice and compound the shame. And the conversation about men doesn’t need to shut down the one about women. “Compassion,” [Stemple] says, “is not a finite resource.” Rosin, Hannah. When Men Are Raped. Slate April 29, 2014.

So, this is a tough topic, even if it needs to be talked about in public. We’re going to ease into this gently, slowly. I’ll give you a bit of info about each video, and you decide if you can watch it. Give them a try, though, and try to understand.


(1) #BreaktheSilence around male rape

This is the introductory video to the UK government’s Breath the Silence initiative on male rape. The video unfolds through interviews with an actor who portrays a male rape survivor and someone who represents one of the UK support organizations for male rape survivors. It is fairly light on triggers, and intended to get the conversation going.


“Evidence suggests that 12% of all rape victims are men. Yet we know it is common for men not to come forward or to take years to report being a victim because they fear not being believed, feel alone and worry people will blame them for what’s happened.”

The same video is also available from Survivors Manchester.


(2) Hollyoaks

In the BreakTheSilence video, the actor was from the UK-based television show Hollyoaks. Hollyoaks spent over a year in research, preparing to integrate homophobic bullying and male rape into the show’s storyline. They collaborated with male rape survivor advocacy organizations in planning and writing the script, and the actors worked with them to try to make the story believable. While male rape has appeared in popular media before, it was usually included primarily for shock value and to emphasize brutality. This is the first time I’m aware of that presented the topic as a realistic real-world event, something that happens (even if off camera), and which also shows the recovery, support system, and works through the healing process. In this video, it is an interview with the actors, interspersed with a view extremely brief snippets from the show’s footage, closing with the importance of the conversation being taken up by fans in social media as part of making this something that can be talked about.

A couple other relatively mild videos with excerpts related to the Hollyoaks rape story. (If you want the full episode, dig around in Youtube, and you’ll probably find it, depending on what country you live in.)

Finn O’Connor/John Paul McQueen | Rape Reveal: https://www.youtube.com/watch?v=4Zt6SrSNRl4
Hollyoaks Ste Works Out Finn Raped John Paul: https://www.youtube.com/watch?v=KsaK5MATfrw
Hollyoaks – {John Paul’s traumatic ordeal tribute} https://www.youtube.com/watch?v=gxjlUKrwDj0


(3) The Bill: “Mickey’s Side Of The Story” (Subject of Male Rape)

Presented as a music video, snippets are included from Episode 153 of another UK show, The Bill, themed around police stories. In this episode, a man suffers flashbacks to childhood sexual abuse from a coach.


(4) Why Rape Is Sincerely Hilarious

Whoa, whoa, take a minute and calm down. Yes, the title sounds inflammatory and insensitive. It isn’t. This video opens to a black screen and a young man, saying, “Hi, my name is Will, and I sincerely think that rape is hilarious.” He seems happy, quirky, smiling, laughing. The screen never changes, and the young man stays on screen straight through the very short video. The video closes with the same young man, still smiling, still laughing, but flushed, red, clenching his jaw as he forces himself to keep smiling, and with tears in his eyes, saying, “And that’s why I sincerely think that rape is hilarious. Because I have to.” His story is worth listening to.


(5) The Shia Labeouf Thing and Male Rape

This is a sweet video. A cute young woman in a darling dress and with excellent makeup was filmed sitting by her Christmas tree. It’s all rather lovely. But what she says is what’s important. She talks through a script with research and statistics. She puts the whole script in the video comments with live links to the excellent resources she identified (which is the real reason I selected her video). She correctly calls out people who are trying to shame Shia LeBeouf as setting a bad example for other victims of male rape. It’s not the world’s best video, but she’s right.


(6) No Escape: Prison Rape in America – The Rules of the Game: Prison Rape and Reform

Prison rape is a serious issue, and often overlooked in statistics and studies of male rape. This video tells the sad story of an innocent sent to prison for a minor crime, being raped, terrified, victimized, and then using his own experience to try to change the system to protect others. I love the comment towards the end to the effect that until you can guarantee safety and the opportunity to improve self-esteem, it is really hard to change people for the better.


(7) Male Rape

An educational video from the Service Assisting Male Survivors of Sexual Assault (Australia). This video is relatively non-triggering, as an audio interview of a woman, Rachel, from a support organization for men who’ve been raped by other men. The discussion includes how to tell if your son may have been raped, how pedophiles groom entire families to gain access to one child, that adult men can be rape victims, the role of sexual violence against men as an act of war, adult recovery from childhood victimization, and much more. Highly informational, almost no images.


(8) Heath’s Story of Surviving Military Sexual Assault

Recent years have seen a dramatic increase in the incidence and reporting of what is becoming known as military rape, mostly against women. It does happen to men, also, although people have sometimes trouble believing it. Protect Our Defenders is an organization that has as its mission to help deal with the issue of military rape. This video allows a Navy veteran to tell the story of his victimization and bullying, and how he ended up accepting a dishonorable discharge to escape.


(9) Shatterboy: Men Surviving Sexual Abuse

“The odd thing about it, though, is children are made aware of rape, male on female rape, all of their lives. They never hear about female or male on male.”

Intended as a resource for therapy groups, this video includes conversations with five male survivors of sexual abuse. It illustrates some of the range of what can happen, the vulnerabilities of men and boys. It talks more coherently about the longterm psychological impacts these events can have on a person.


(10) The Congo

In the war and violence going on in the Congo, rape has become a common tactic to control and demoralize people, to keep them from fighting back. The statistics reported in this video state that approximately 40% of all women and 24% of all men have suffered sexual trauma and/or violence. The stories coming from this area are exceptionally brutal. In the highlighted video, there is a brief interview with a survivor and a longer interview with a doctor about the need for support and treatment for male victims of sexual violence.

Congo’s male rape victims speak out https://www.youtube.com/watch?v=OGz3VkcLgkk

Fair Use & Figures: When Is It OK? (Part One: Copyright)

Last week I spent some time in conversations that began with Andrew Maynard’s posting a question to Twitter: “When is it OK to post a figure from a paper in a blog post?”

There were a lot of interesting thoughts and responses (before the conversation detoured off into mac’n’cheese and samurai swords). Things along the lines of, “What!? You mean research figures are different from pictures?” and “Isn’t it OK if you give a citation?” and “Well, my journal won’t allow it, but maybe some others do.” And what did the answer turn out to be? “It depends.” Isn’t that the truth – intellectual property issues always seems to depend on a variety of factors and situations. But answers to the various responses and questions were also sometimes not what was expected.

Does giving a citation to the source make it ok to share? Turns out it is irrelevant, in the sense of what is required legally, although it is expected as part of being active in scholarly culture as a matter of courtesy.

Now, more about posting research figures in blogs. I found quite a lot of information online to help explain part of how this works (or doesn’t). I’ll include small quotations that I found particularly helpful in understanding this better. Please not, IANAL (“I Am Not A Lawyer”!), so hopefully someone with more legal experience will contribute thoughts in the comments or will reply in another post.

“REUSE OF FIGURES, IMAGES, AND OTHER CONTENT”

The absolutely most helpful piece I found was from MIT Libraries.

MIT Libraries, Scholarly Publishing: Reuse of figures, images, and other content in theses http://libraries.mit.edu/scholarly/publishing/copyright-publishing-guide-for-students/reuse-of-figures-images-and-other-content-in-theses/

Please note, this is describing rights to re-use content in THESES, not blogposts, so it might be a little different. The MIT resource emphasized two main points (copyright, and fair use), with a pointed twist (oops, figures ARE different!).

Point 1: Is it copyrighted?

You see, if it isn’t copyrighted, if an image is in the public domain, you don’t have a problem — it is content you can use. That is more likely to apply to items that are quite old, or created by government employees in the performance of their job. But copyright gets complicated. What if the journal is from Australia instead of the United States? Whether or not a piece is copyrighted may change based on the country in which it was created.

Even if it is copyrighted, if it is licensed for open use, you are fine. Probably. OK, I’m going to show an image here that ought to be OK, and hope it really is. This stuff is tricky. If someone complains, I’ll blur out whatever part they are concerned about.

PubMed Example of Research Figure Searching & Display (Neuroinflammation Imaging) PubMed screenshot of:
Benjamin Pulli and John W Chen. Imaging Neuroinflammation – from Bench to Bedside. J Clin Cell Immunol. Author manuscript; available in PMC Dec 16, 2014. Published in final edited form as: J Clin Cell Immunol. 2014; 5: 226. http://www.ncbi.nlm.nih.gov/pubmed/25525560

This is a screenshot from PubMed. PubMed is an open database developed and created by the US government. I had talked with our lawyers about using screenshots from databases in teaching and blogging about database interfaces. I was told (off the record) that it was probably OK to use the screenshots without asking for permissions as part of fair use. The idea was that even if the database legally has copyright protection for their user interface design (as they most assuredly do), that I am teaching and blogging about it is unlikely to impact on their sales negatively, which is one of the markers of “Fair Use” assessment. Chances are, if anything, my teaching and blogging about their database would serve as free advertising, increasing awareness and profits rather than reducing them. That assumes, of course, that I am saying good things about them. So, maybe it would be a different matter and not fair use if I was criticizing the database?

PubMed does this nifty thing where you can find images of research figures in the citations, if the original source is an article in PubMed Central, an extension of PubMed’s database that includes open access articles deposited by the publishers. (More info here about how they are different.) For the images displayed as thumbnails in PubMed, if you mouse over them, they get big and beautiful. This is what I’m showing in this screenshot.

This screenshot is of a citation record for an article that is open access and published in PubMed Central. Does the copyright permissions for screenshots in PubMed extend to the content? That this article is open access would mean that the article is copyrighted, but open for people who want to read it, and also available to re-use under specific guidelines. The guidelines given for the article are, “This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.” By the rules, I need to include a full citation with the image. I have done so, both in Flickr, where I put the screenshot, and here in the blogpost. BUT.

PubMed Example of Research Figure Searching & Display (Neuroinflammation Imaging) 2

BUT. But what? But this figure from the open access research article says that a portion of the image was modified from another source, WITH PERMISSION. Does that permission extend to me, since it was in an open access journal? I’m not sure. I’m not sure if I need to get two sets of permission to use this image, or none. Do I need to go back to the original authors of that portion and request permission myself? Do I need to blur out that portion of the image? Or did the process of these authors getting permission to use in an open access journal publication cover subsequent re-use? Do I need to check the policies for the journal where the source image was published? It’s … complicated.

For me, today, I’m electing to go ahead and use the image, trusting and hoping that the permissions cover this use. If someone complains, I will go back and blur out that portion of the image, and then replace it.

Many publishers have processes by which they establish policies that guide whether or not they give permission easily or if you have to jump through hoops or purchase permission. If you want to find out what the policies are for a journal with a figure you’d like to use, the place to check is SHERPA. If you want to know if a journal is open access, the you may want to check the DOAJ (Directory of Open Access Journals).

SHERPA/RoMEO – Publisher copyright policies & self-archiving http://www.sherpa.ac.uk/romeo/

DOAJ: http://doaj.org/


Part Two will look more deeply at the idea of Fair Use in using research figures. That’s where it gets really interesting, so stay tuned! For now, I hope you have a better sense of the two-pronged sword of copyright in using research figures:

– Yes, it’s OK to use research figures that are copyright-free, public domain, or open access;
– BUT, sometimes those categories are less than straightforward.

At the Movies: Sex Positivity Messages on Youtube

Montage of thumbnails for several Youtube channels focused on sex positive messages

Tonight there is a #medlibs Twitter chat on some ways in which sex education is happening on social media.

Sexual Education & Social Media Chat — Sex Ed On Social Media: Quirky or Quality? http://medlibschat.blogspot.com/2015/01/sexual-education-social-media-chat.html

In preparation for this, I’d like to share highlights from a few of the more popular “sex positive” sex education Youtube channels! “Sex +,” “sex positive,” and “sex positivity” is a whole movement focused on looking at sex and sexual behavior as a good healthy thing rather than “dirty”. I’m probably oversimplifying with that rough definition, but it gives the broad idea. Many of the advocates and information channels include education, but some focus instead on relationships, communication, psychology, and attitudes. Some are professionally made, some are from health care or educational professionals, some are homegrown. You can’t tell which are the good ones from the source. Some professional ones are badly made or slanted, some homegrown ones are excellent and accurate.

As the phrases “sex positive” and “sex positivity” become more popular, you also begin to find some pornography channels that adopt the phrase in order to get into the search results. This has also happened with “sex ed” and “sexual education,” where some of the channels are more focused on education, and others are more focused on the (ahem) sex. This makes it really hard to go out, do a search, and actually FIND good quality sex ed content in Youtube. You can’t know before clicking if you’ll find something educational or something more smutty or something simply stuffy.

These channels often have clever names to communicate their focus topic (Ask My Girlfriend, Cherry TV, GLAMerotica 101, Kara Sutra, Nice Girls Like Sex Too, Sexplanations, Twisted Broad). Some of them provide good information in a cute way, others have cute names but rarely post any information, and yet others aren’t actually on the topic they seem to be on. Even if they post information rarely, it might be good, or it might be dated or irrelevant. Even if they have lots of views, it might be because it’s a good video or it might just be, well, porn. Again, you don’t know until you go look.

So, you can’t trust the key words, the metadata, the sponsors, the names of the channels, or the names of the videos. This is one of the best reasons for medical librarians and health care professionals to look into this before the questions are asked or answered. Trust me, you REALLY don’t want to be browsing these while someone is looking over your shoulder waiting for an answer! I stumbled into a few surprises while planning this post that I really could have done without. (The eyeballs! They burn! Ahhhh!) So spare your eyeballs, and check out a few of these as examples of the sex+ genre.

In this collection (which is highly selected and ONLY examples!), I’m focusing specifically on pieces with a more education focus and less of the sex, how to, issues, or relationship management, even though those are also obviously important. This means I didn’t include the famous Dan Savage or Kara Sutra or Just Sex or Nice Girls Like Sex Too or Twisted Broad or …. I also wanted to show sex ed that is more peer-to-peer, from teens and young adults to other teens and young adults, so I didn’t include pieces that try to sell sex toys or psychotherapy or couples therapy or from major universities. Face it, the universities offer solid content, but it isn’t as fun and engaging. Should it be? Why or why not? Did I miss any channels you think are great? Please list them in the comments!


LACI GREEN

Of course, I have to begin (and end!) with Laci Green, who is THE name in this space. If you only have heard of one sex positive online advocate, it is probably her. This video on the topic of what is consent and how to get it goes into an essential concept in sexual safety, as well as prevention of rape and sexual violence. Her description of the video includes “how to properly ask for consent, as well as what consent does and does not sound like.” Good stuff, worth thinking about. What would you add or change?

Wanna have sex? (Consent 101) https://www.youtube.com/watch?v=TD2EooMhqRI


LACI GREEN: A NAKED NOTION

Laci Green started up a second channel in partnership with Planned Parenthood for talk about sex topics that are less educational and more issue-oriented. In this space, she has a small collection of videos on topics such as recovering from rape, hormone therapy, birth control, pregnancy testing, and more.

Sex After Rape https://www.youtube.com/watch?v=CRnK6xN7PF4


LACI GREEN: MTV BRALESS

Laci Green started up a THIRD channel in partnership with MTV for talk about pop culture, some of which includes sex talk and much of which doesn’t. In this space, she has a small collection of videos on topics such as recovering from rape, hormone therapy, birth control, pregnancy testing, and more.

Sex At Hogwarts?! https://www.youtube.com/watch?v=MXPQBLOfnFk


SEXPLANATIONS

Sexplanations is a channel designed around the perception of authority (“with Dr. Doc”) right along with quirkiness (check out the pigtailed avatar). The “Dr. Doc” behind the show is Lindsey Doe, a clinical sexologist.

Sexplanations Episodes 1-50: https://www.youtube.com/watch?v=pQiadPyjJ4E&list=PL_zdi3TflN9LjEjkqh3OwKb-l8o-ieODH&index=1


REID ABOUT SEX

Reid About Sex is a partnership of Reid Mihalko and Cathy Vartuli (Intimacy Dojo). In their extensive video series they have conversations about topics of interest, ranging from gender identity and sexually transmitted diseases to communication, props, behavior, and sex positive business advise. Whoa. That’s a lot of ground to cover.

Can You Get Herpes From Cuddling? https://www.youtube.com/watch?v=hcXzaKJsaJc


TheTitTalk: THE SEX ED TALK

The Sex Ed Talk used to be called “The Tit Talk”, and can be found in various social media locations under either or both names. Their focus is on what they believe should have been covered in school, but wasn’t, or wasn’t covered as thoroughly as they like.

Vagina 101 https://www.youtube.com/watch?v=cE93vWFglEg


BETTY DODSON & CARLIN ROSS

Dodson & Ross introduce themselves as “the top sex educator in the world” and “the best attorney on the planet and my stunt c**t.” They continue by claiming you can’t ask a good question they won’t answer. They mean it, too. I had trouble finding one that was safe to put in this post. Despite the use of straight language (which sometimes means street language), all the videos are education, and pretty straightforward as well as candid.

Healthy Vaginas Through Menopause https://www.youtube.com/watch?v=_RTjYaBrYMo


LACI GREEN: THE FAMOUS CHERRY VIDEO

I just couldn’t do this post without included my first and favorite Laci Green video — “You Can’t Pop Your Cherry (Hymen 101).”

You Can’t POP Your Cherry! (Hymen 101) https://www.youtube.com/watch?v=9qFojO8WkpA