© © © library copyright issues nancy sims, copyright program librarian university of minnesota...
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©© ©
Library Copyright Issues
Nancy Sims, Copyright Program LibrarianUniversity of Minnesota Libraries
©© ©Do you own any copyrights?
YES
©© ©If you create a work today, and die in
2035, when will the copyright in that work expire?
2105
©© ©How many copyrights have you
infringed in the last 24 hours?
At least a few
©© ©
EASY(ISH) QUESTIONS (SUBMITTED BY YOU – THANKS!)
©© ©Internal communications
In-house produced works
• Digitize• Reformat/circulate• Make new hard copies• Stream online
©© ©
hard at work c by Eric Chan/maveric2003
©© ©
hard at work c by Eric Chan/maveric2003
Caveats
• Works used in in-house communications that were not created in the course of employment – Personal photos (vacation, hobby, etc.)
• Works created by independent contractors
• Works created by federal employees
©© ©Statute of Limitations on
Copyright?
©© ©“To promote the progress of
science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;”
US Constitution, Art I, § 8, cl. 8
Copyrights END
Some things aren’t copyrightable in the first place
©© ©The PUBLIC DOMAIN
• Works to which copyright does NOT apply(i.e., anyone can use them, for any purpose)– Technicalities– Dedicated by author to public domain– Copyright term expired (1923 rule of thumb,
but check http://www.librarycopyright.net/digitalslider)
– Never copyrightable in the first place• U.S. Government works
©© ©Vulnerability to lawsuit for use of
a work of uncertain provenance:
As long as that work remains protected by copyright.
Orphan works
©© ©Orphan works
• Fear reduction: – Statutory damages only available for works
registered before infringement detected– Most really ARE orphans
• Risk reduction: – Check copyright records:
http://www.copyright.gov/records/
©© ©Liability for our users’ activities
• 17 USC § 108– “unsupervised use of reproducing
equipment located on its premises”
• Vicarious liability– Direct infringement required– Right and ability to control – Direct financial benefit
this is how I spend my summer c by-nc-nd Graham Blackall
©© ©
Guidelines
©© ©
spontaneous use
first time use
password-protected
30 seconds or less
350 words or less
just one chapter
a single cartoon
with full and correct citation
just one movement
©© ©Fair Use Guidelines
• Several different sets out there– CONTU, CONFU (1978ish, 1997)– Cornell/AAP Guidelines (2006)
• “Consensus”/Industry practice• Settlement agreements from lawsuits
©© ©Fair Use is breathing space in the
law
• Some uses are allowed, without permission, even during the term of copyright protection.
This is not the droid we’re looking for c by-nc-sa Stéfan
©© ©
©© ©
To fully understand and exercise your fair use rights, you have to embrace the uncertainty with the flexibility
American Flag c by-nc-nd Brandi Korte
©© ©Alternatives to Fair Use Guidelines
• Best Practices - – Focused on communities/industries– Context-sensitive
• http://www.centerforsocialmedia.org/fair-use
©© ©No more than 5 copies per title per year
“Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work. “
©© ©No more than 5 copies per title per year
“Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.“
©© ©No more than 5 copies per title per year
“Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.“
©© ©No more than 5 copies per title per year
Is this still a good measure of "such aggregate quantities”?