About me

Photo of Mark Swartz

My name is Mark Swartz and I am the Scholarly Publishing Librarian in the Queen’s University Library and a Visiting Program Officer (VPO) at the Canadian Association of Research Libraries (CARL).

I advocate for issues that relate to open publishing and the future of libraries, including open access publishing, open data, user rights in the Copyright Act, the public domain, open educational resources, and privacy. As a VPO at CARL, I have been engaged in a wide variety of policy issues, including privacy, copyright, online harms/misinformation, and more. Recent briefs and submissions to the government are available in the library advocacy section of this site.

Research in progress:

  • I am part of a group that has been exploring legal considerations for how libraries in Canada can lend digital copies of books using Controlled Digital Lending (CDL). We recently posted a preprint of a position paper, and we will be developing a complimentary position statement in 2022.
  • I am part of a group that is adapting codes of best practice for fair use to the Canadian legal context. CARL published a paper making the case for adapting the codes in 2021 and we hope to have the first code (on software preservation) completed by the summer of 2022. CARL is also working of an adaptation of the Code of Best Practices in Fair Use for Open Educational Resources.
  • I am working on a paper with Bita Amani that discusses the role that libraries and librarians play in using and defending the rights of users of copyrighted materials in Canada. The title of this paper is “Cultivating Copyright Custodians for the Digital Age: Law, Libraries, & the Public Interest in Lending”. We presented this paper at the Copyright User Rights and Access to Justice Conference in 2017 at the University of Windsor, and the Intellectual Property Scholars Conference 2021 at the Benjamin N. Cardozo School of Law, Yeshiva University, New York City.

Recent courses that I have taken include:

Library Advocacy

Swartz, Mark, and Katherine McColgan. “CARL Response to Modernizing Privacy in Ontario Empowering Ontarians and Enabling the Digital Economy,” September 3, 2021. https://www.carl-abrc.ca/wp-content/uploads/2021/09/CARL_Response_Mondernization_Privacy_Ontario.pdf.

“Submission on the Government’s Proposed Approach to Address Harmful Content Online.” Canadian Association of Research Libraries, September 2021. https://www.carl-abrc.ca/wp-content/uploads/2021/10/CARL-response-to-harmful-content-online-1.pdf.

“Submission to the Government of Canada: Consultation on a Modern Framework for Artificial Intelligence and the Internet of Things.” Canadian Federation of Library Associations, and Canadian Association of Research Libraries, September 2021. https://www.carl-abrc.ca/wp-content/uploads/2021/09/CFLA-CARL-Brief-Artificial-Intelligence-and-the-Internet-of-Things.pdf.

“Submission to the Federal Government on Access to Information Review.” Canadian Association of Research Libraries, August 2021. https://www.carl-abrc.ca/wp-content/uploads/2021/08/2021_CARL_Brief_ATI_Consultation.pdf.

“Submission to the Ontario Government’s Consultation Trustworthy Artificial Intelligence (AI) Framework,” June 2021. https://www.carl-abrc.ca/wp-content/uploads/2021/06/CARL_Ontario_AI_Submission.pdf.

“Response to Consultation on a Modern Copyright Framework for Online Intermediaries.” Canadian Federation of Library Associations with the Canadian Association of Research Libraries and the Canadian Urban Libraries Council, May 28, 2021. https://www.carl-abrc.ca/wp-content/uploads/2021/06/CFLA-Online-Intermediaries.pdf.

“CARL Submission to the Ontario Government Consultation: Strengthening Privacy Protections in Ontario.” Canadian Association of Research Libraries, November 13, 2020. https://www.carl-abrc.ca/wp-content/uploads/2020/11/201113_CARL_letter_strengthening_privacy_protections_in_Ontario.pdf.

“Joint Response to Consultation on Copyright Term Extension.” Canadian Federation of Library Associations and Canadian Association of Research Libraries (Joint Submission). March 29, 2021. https://www.ic.gc.ca/eic/site/693.nsf/eng/00251.html.

“Brief for Standing Committee on Canadian Heritage (CHPC) on Remuneration Models for Artists and Creative Industries.” Canadian Federation of Library Associations (CFLA-FCAB) and the Canadian Association of Research Libraries (CARL), October 21, 2019. http://cfla-fcab.ca/wp-content/uploads/2019/01/CARL-CFLA-FCAB-Canadian-Heritage-Brief.pdf.

“Brief to the INDU Committee as Part of the Review of the Copyright Act.” Canadian Association of Research Libraries, July 4, 2018. https://www.carl-abrc.ca/wp-content/uploads/2018/08/CARL_brief_to_INDU_copyright_en.pdf.

Publications

In Process

Amani, Bita, and Mark Swartz. “Cultivating Copyright Custodians for the Digital Age: Law, Libraries, & the Public Interest in Lending.” (Paper presented at the “Copyright User Rights and Access to Justice Symposium, Windsor, Ontario, May 18, 2017” and at the “Intellectual Property Scholars Conference, New York City, August 4, 2021”).

Forthcoming

Castell, Christina de, Joshua Dickison, Trish Mau, Mark Swartz, Robert Tiessen, and Amanda Wakaruk. “Controlled Digital Lending of Library Books in Canada.” SSRN Scholarly Paper (Preprint – To be Publishing in Partnerships Journal). Rochester, NY: Social Science Research Network, February 9, 2022. https://doi.org/10.2139/ssrn.4031054.

Mark Swartz and Lise Brin, “The Public Domain and Libraries: History, Contexts, Threats, and Opportunities,” in Navigating Copyright for Libraries: Purpose and Scope, ed. Jessica Coates, Victoria Owen, and Susan Reilly, IFLA Publications 181 (De Gruyter Saur, 2022), https://www.degruyter.com/document/isbn/9783110732009/html.

Open Educational Resources

“Copyright Open Educational Resource for University Instructors and Staff,” Canadian Association of Research Libraries. https://www.carl-abrc.ca/influencing-policy/copyright/opencopyrightcourse/.

Book Chapters

Swartz, Mark, and Rosarie Coughlan. “An Overview of the Open Access Movement in Canada.” In Open Praxis, Open Access: Digital Scholarship in Action, edited by Darren Chase and Dana Haugh, 19–40. Chicago, Illinois: ALA Editions, 2020. http://hdl.handle.net/1974/27927.

Swartz, Mark, Ann Ludbrook, Stephen Spong, and Graeme Slaght. “From Fair Dealing to Fair Use: How Universities Have Adapted to the Changing Copyright Landscape in Canada.” In Copyright Conversations: Rights Literacy in a Digital World. Chicago, Illinois: Association of College and Research Libraries, 2019. https://qspace.library.queensu.ca/handle/1974/26710.

Articles

Christina Winter et al., “Canadian Collaborations: Library Communications and Advocacy in the Time of COVID-19,” Journal of Copyright in Education & Librarianship 5, no. 1 (August 27, 2021). https://doi.org/10.17161/jcel.v5i1.14920.

Swartz, Mark and Graeme Slaght, “Strengthening Canadian User Rights through Shared Understanding: Adapting the Codes of Best Practices in Fair Use for Canada” (Ottawa, Ontario: Canadian Association of Research Libraries, February 22, 2021). https://www.carl-abrc.ca/wp-content/uploads/2021/02/Strengthening_Canadian_-User_Rights_Through_Shared_Understanding_Adapting_Codes_of_Best_Practices_Fair_Use_Canada.pdf.

Swartz, Mark, “Access Copyright v. York and the Copyright Review: Recommended Resources,” Inside OCULA, October 1, 2017. http://open-shelf.ca/171101-ocula-york-decision-recommended-resources/.

Swartz, Mark, “Digital Copyright Law,” Intellectual Property Journal; Scarborough 29, no. 3 (August 2017): 509–15. https://search.proquest.com/docview/1934889131/abstract/CEF97622264432APQ/1.

Jing, Jenny et al., “Making User Rights Clear: Adding e-Resource License Information in Library Systems,” The Code4Lib Journal, no. 29 (July 15, 2015). http://journal.code4lib.org/articles/10724.

Swartz, Mark, “Shifting Tides: How the Re-Emergence of DRM Impacts Libraries,” Feliciter 59, no. 1 (February 2013): 3,5. https://search.proquest.com/docview/1286683860/citation/F1842383D54B4182PQ/1.

Colebatch, Chabriol et al., “Digital Locks and Canadian Research Library Collections: Implications for Scholarship, Accessibility, and Preservation (Feliciter Summary),” Feliciter 59, no. 1 (February 2013): 12–14. https://search.proquest.com/docview/1286683876?pq-origsite=summon.

Colebatch, Chabriol et al., “Digital Locks and Canadian Research Library Collections: Implications for Scholarship,  Accessibility, and  Preservation (CARL Document)” (Canadian Association of Research Libraries, January 4, 2012). http://www.carl-abrc.ca/doc/2012-10-04%20CARL%20Digital%20Locks%20Report.pdf.

Posters

Swartz, Mark, Ann Ludbrook, and Heather Martin, “Blurred Lines: How Electronic Reserves Services Are Breaking Down the Barriers Between Content and the Classroom,” 2014. https://qspace.library.queensu.ca/handle/1974/22966.

Other

Canadian Association of Research Libraries. “Equitable, Affordable Access to Digital Course Materials for University Students: Issues and Solutions,” November 12, 2020. https://www.carl-abrc.ca/news/equitable-affordable-access-to-digital-course-materials-for-university-students-issues-and-solutions/.

Canadian Association of Research Libraries. “CARL Statement on Optimal Equitable Access to Post-Secondary Learning Resources During COVID-19,” March 26, 2020. https://www.carl-abrc.ca/news/statement-on-optimal-equitable-access-to-learning-resources/.

Presentations

Swartz, Mark, Nathalie Soini, Erin Calhoun, and Graeme Slaght. “Reading Together While Remote: Upgrading Your Course Reserves and Copyright Compliance Systems During a Pandemic.” Presented at the OLA Superconference, Toronto, Ontario, February 4, 2022.

Swartz, Mark, and Stephen Spong. “Controlled Digital Lending (CDL) and COVID-19: Two Peas in a Pod.” Presented at the OLA Superconference, Toronto, Ontario, February 4, 2022.

Amani, Bita, and Mark Swartz. “Cultivating Copyright Custodians for the Digital Age: Law, Libraries, & the Public Interest in Lending.” Presented at the Intellectual Property Scholars Conference 2021, Benjamin N. Cardozo School of Law, Yeshiva University, New York City, August 4, 2021.

Selman, Brianne, Mark Swartz, and Donald Taylor. “The CUSMA Term Extension: Policy Options and Library Advocacy as We Reckon with Prospect of a 20 Year Freeze on New Works Entering the Canadian Public Domain.” Presented at the ABC Copyright Conference 2021, Ottawa, Ontario, May 5, 2021.

Adler, Prue, Will Cross, Merideth Jacob, Mark Swartz, Graeme Slaght, and Peter Jaszi. “Code of Best Practices in Fair Use/Fair Dealing for OER: Webinar and Workshop.” April 20, 2021. https://www.youtube.com/watch?v=F4yfip4zRdw.

Swartz, Mark, Stephanie Orfano, Christina Winter, and Rowena Johnson. “Webinar: Implementing the Copyright Open Educational Resource for University Instructors and Staff.” March 5, 2021. https://www.youtube.com/watch?v=i9LfBAx5wec.

Swartz, Mark, Meagan Shannon, Joy Muller, Victoria Owen, Jason Bird, and Eric Schwab. “Live Chat: Copyright.” Presented at the OLA Superconference, Toronto, Ontario, February 5, 2021.

Winter, Christina, Mark Swartz, Victoria Owen, and Amanda Wakaruk. “Live Chat: CFLA – Advocacy on Copyright Issues.” Presented at the OLA Superconference, Toronto, Ontario, February 5, 2021.

Swartz, Mark, Winter Christina, Rowena Johnson, Heather Martin, Kathryn Blair, Luc Fagnan, Michael Mcnally, and Amanda Wakarak. “ABC Copyright 2020 Fall Speaker Series: Canada’s Two OER Copyright Video Series.” Presented at the ABC Copyright 2020 Fall Speaker Series, Edmonton, Alberta, November 25, 2020. https://era-av.library.ualberta.ca/media_objects/pn89d781s.

Brin, Lise, and Mark Swartz. “Libraries & COVID-19: How Libraries Are Working to Optimize Digital Access during a Pandemic.” Presented at the Contagion Cultures Lecture Series, School of Policy Studies, Queen’s University, November 5, 2020. https://youtu.be/0km44HfD6R0.

Orfano, Stephanie, Kathryn Blair, Heather Martin, Dan Sich, and Mark Swartz. “Adopting or Adapting: Open Education Copyright Instruction for Faculty and Staff.” Presented at the OLA Superconference, Toronto, Ontario, January 30, 2020. https://tspace.library.utoronto.ca/handle/1807/99806.

Swartz, Mark, and Graeme Slaght. “Software Preservation and Copyright – Adapting the ARL Fair Use Code of Best Practices for Canada: Preliminary Findings.” ABC Copyright Conference, May 31, 2019. https://harvest.usask.ca/handle/10388/12163.

Graham, Rumi, Allan Bell, Dominique Lapierre, and Mark Swartz. “OA Policies & Traditional Publishing Agreements: Status of Non-Exclusive Licenses in Canadian Copyright Law?” Presented at the ABC Copyright Conference, May 30, 2019. https://harvest.usask.ca/handle/10388/12167.

Swartz, Mark, and Victoria Owen. “The United States-Mexico-Canada Trade Agreement: What Term Extension Means for the Canadian Public Domain and How Have Libraries Responded.” Presented at the OLA Copyright Symposium, Toronto, Ontario, November 23, 2018.

Brin, Lise, Mark Swartz, and Susan Haigh. “The Ups and Downs of Representing the Educational Perspective During the Current Copyright Act Review.” Presented at the ABC Copyright Conference, Vancouver, British Columbia, June 1, 2018.

Swartz, Mark, Rosarie Coughlan, Olga Perkovic, and Lauren Anstey. “Building an Extraordinary Open Community in Ontario.” Presented at the The Technology Enabled Seminar and Showcase, Toronto, Ontario, November 20, 2017. http://tess17.ecampusontario.ca.

Amani, Bita, and Mark Swartz. “Cultivating Copyright Custodians for the Digital Age: Law, Libraries, & the Public Interest in Lending (Obsolete Formats).” Presented at the Copyright User Rights and Access to Justice Symposium, Windsor, Ontario, May 18, 2017. http://www.uwindsor.ca/law/754/conference-copyright-user-rights.

Swartz, Mark, Michael Ciccone, and Sam Cheng. “Your Copyright FAQs Answered.” Presented at the OLA Superconference, Toronto, Ontario, February 1, 2017. http://hdl.handle.net/1974/22949.

Swartz, Mark, and Sam Cheng. “Libraries as Copyright Educators & Advocates.” Presented at the Last Word, Make it Ours: Strategies for Preparing for the Copyright Act Review, Toronto, Ontario, December 5, 2016. http://hdl.handle.net/1974/22941.

Swartz, Mark, and Heather Martin. “‘No Time for Complacency’: Fair Dealing at a Crossroads.” Ottawa, Ontario, June 1, 2016. http://hdl.handle.net/1974/22946.

Swartz, Mark, Bobby Glushko, Lise Brin, and Michael Jaworski. “Hack the Act.” Presented at the ABC Copyright Conference, Halifax, Ontario, May 26, 2016. http://hdl.handle.net/1974/22940.

Swartz, Mark, Michael Ciccone, and Sam Cheng. “10 Things You Should Know About Copyright.” Presented at the OLA Superconference, Toronto, Ontario, January 28, 2016. http://hdl.handle.net/1974/22752.

Swartz, Mark, and Michael Ciccone. “3D Printing: Copyright and Other Intellectual Property Implications for Libraries.” Presented at the 3D Printing: Copyright and Other Intellectual Property Implications for Libraries, Toronto, Ontario, December 4, 2015. http://hdl.handle.net/1974/22783.

Swartz, Mark, and Katya Pereyaslavska. “Library Services for All: Serving People with Print Disabilities.” Presented at the CLA Conference, Ottawa, Ontario, June 2015.

Swartz, Mark. “Copyright Considerations for Local Digitization Projects: Telefilm Script Collection and the Goad Fire Insurance Plans.” Presented at the Ontario Library Association Copyright Users’ Group Workshop, Toronto, Ontario, December 5, 2014. http://hdl.handle.net/1974/22784.

Swartz, Mark, Bobby Glushko, Heather Buffet, and Patricia Lynch. “AODA and Copyright: Paper Cuts and Paper Trails.” August 16, 2014.

Gow, Athol, Heather Martin, Bobby Glushko, Mark Swartz, and Lei Jin. “Accessibility Information Toolkit Summer Webinar Series. Webinar 1: Law and Administration.” June 18, 2014. http://hdl.handle.net/1974/22755.

Amani, Bita, Laura Murray, Mark Swartz, and Samuel Trosow. “Is the Dust Settling? A Panel Discussion in Celebration of the Publication of Murray & Trosow: Canadian Copyright: A Citizen’s Guide, 2nd Edition.” Queen’s University. Kingston, Ontario, January 2014.

Swartz, Mark. “Copyright 101: Issues for Editors.” Kingston, Ontario, November 14, 2013. http://hdl.handle.net/1974/22782.

Swartz, Mark. “Copyright, Licensing and the Electronic Resources That We Provide through Our Libraries.” Presented at the OLA Fall Copyright Symposium, Toronto, Ontario, November 2013. http://hdl.handle.net/1974/22977.

Swartz, Mark, Ann Ludbrook, Heather Martin, and Lei Jin. “Signing Away Fair Dealing: Why It’s More Important than Ever to Negotiate e-Resource Licenses That Work for Libraries and Our Users.” Presented at the ABC Copyright Conference, Regina, Saskatchewan, June 23, 2013.

Roe, Brent, Mark Swartz, and Christina Winter. “Digital Locks and Canadian Research Libraries: So What?” Presented at the CLA 2013 National Conference and Trade Show, Winnipeg, Manitoba, May 2013. http://hdl.handle.net/1974/22939.

Swartz, Mark. “Publicly Accessible Material on the Internet/Digital Locks.” Presented at the Bill C-11 Information Forum, Toronto, Ontario, August 2012.

Swartz, Mark, Chabriol Colebatch, Ann Ludbrook, and Joy Muller. “Under Construction: Best Practices for Educating Users about Copyright.” Presented at the ABC Copyright Conference, Ottawa, Ontario, June 2012. http://hdl.handle.net/1974/22948.