0903201 copyright digital collections

Copyright Issues for Growing Digital Collections

Presenter: Julie Carmen

Digital Initiatives Librarian

Carmen Information Consulting

Host: Felicity Dykas

Head, Digital Services Department

University of Missouri--Columbia

Tech Support: Eva Sorrell

Technical Services Librarian

California State University San Bernardino

Wednesday, September 3, 2014

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Julie Carmen

Digital Initiatives Librarian

Carmen Information Consulting

Lakewood, Colorado

Experience: Digitization, Metadata, Preservation, Cataloging, Educational Outreach, Grants and Fund-Raising

Julie Carmen


Copyright Hold Up

• Time to locate copyright holder• Email

• Phone

• Written letter

• In person

• Waiting for response• Hours

• Days

• Weeks

• Months

• Years

• Copyright holder not located• Orphan Works

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Permission to DigitizeThe Fast Track

• Non-Exclusive Royalty-Free form (NERF)

• Copyright Holder keeps copyright

• Digital Initiatives institution has permission to share author’s works world-wide for free.

• Copyright Holder understands the benefits

• Their works have more exposure to the world

• Increase of citations of their works more likely

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Copyright Resources

• Carrie Russell

• 1-(800)-941-8478• http://www.ala.org/offices/oitp/people/staff

• ACRL Copyright Committee:• http://www.ala.org/acrl/aboutacrl/directoryofleader

ship/committees/copyright

• Copyright Advisory Network• http://librarycopyright.net/resources/

• Copyright Advisory Network.net Forum• http://www.librarycopyright.net/forum/?id=1

• Orphan Works• http://www.arl.org/news/arl-news/3284-orphan-

works-and-mass-digitization-lca-submits-comments-to-copyright-office#.VAXFO2PQkwc

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More Copyright Resources

� Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums: • http://tinyurl.com/24a3ky9

� Sample licenses – Page 141

� Tip, page 58: “Any co-owner of copyright can grant nonexclusive permission for the reproduction, distribution, or performance of a work. It is not necessary to secure the permission of all of the co-owners”.• Confirm whether the digitization of their works will

be free, that your organization does not profit financially from sharing their works.

• Page 57: “The only requirement is that the copyright owner must share with the other co-owners any profits derived from the use of the work.” (This is why it is important to let copyright holder/s know that no funds are being created from the digital project).

Copyright & Cultural Institutions;

Guidelines for Digitization for U.S. Libraries, Archives, & Museums (2009)

Peter B. HirtleEmily Hudson, & Andrew T. Kenyon

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NERF SAMPLEColorado School of Mines

Used with permission from the authors:

Esther Henry, Associate Council

Colorado School of Mines

Charlene Krogh, Partner

Dorsey and Whitney (Denver)

Jeremy “Jerry” Boak, Director

Center for Oil Shale Technology and Research

Colorado School of Mines

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NERF Process

• May take several meetings

• Text should represent the mission of institution

• Several forms before final is ready

• “This agreement grants a non-exclusive, royalty-free, perpetual, world-wide license to the Colorado School of Mines (“CSM”) to place a copy of your copyrighted works listed above on CSM’s digital repository. This publication in digitized form is a way for your works to be used and cited more often. If the articles were commissioned by another person or organization or were written as part of the duties of an employee, an authorized representative of the commissioning organization or employer should sign. (See page 4 for explanation of conditions.)”

• Create a table at top to list multiple works of an author or contact.

• Give definitions throughout the form

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NERF Process

• Certification of U. S. Government Work• “[Sign this section only if ALL authors were U.S.

Government employees at the time the work was prepared. Any privately employed authors should sign above.] I certify that the article referenced above was prepared solely by U.S. Government employees as part of their official duties and therefore legally cannot be copyrighted. “

• Give area for additional authors to sign if needed.

• Clear table of what is needed is helpful.

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NERF Process• Signature line after Government authors

signatures of organization requesting the permission.

• Spell out what is happening:“Acceptance of Non-Exclusive, Royalty-Free, World-Wide License for COSTAR digital project.”

• Have authority person’s information under line for more clarity of who is responsible for accepting the permissions for each project.

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NERF Process• The United States copyright laws require CSM to obtain

specific rights to articles published. This legal requirement does not alter in any way the long-standing relationship between CSM and its authors, nor does it change the philosophy behind CSM’s practice of copyrighting its journals and books.

• CSM’s philosophy recognizes the need to ensure that authors have a say in how their works are used and the necessity to foster broad dissemination of scientific literature while protecting the viability of the publication system.

• Authors still retain all proprietary rights in their works but, by this license, have granted CSM the non-exclusive perpetual ability to create a copy of the full work and to publish such work in CSM’s digital repository and libraries and to make such work available for use by those with access to the repository and libraries.

• As technology changes, this license will allow CSM to continue to make the work available for public use through its library systems via other media. You are still entitled to use the work for your own purposes and to grant additional non-exclusive licenses to third parties to use your work.

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More Copyright Resources

• Copyright Listserv: PIJIP-COPYRIGHT Archives• http://roster.wcl.american.edu/cgi-

bin/wa.exe?A1=ind1403d&L=pijip-copyright&F=&S=&O=A&H=0&D=0&T=0

• Take a MOOC about Copyright (Duke)• Copyright for Educators & Librarians Course Team

• https://www.coursera.org/course/cfel?from_restricted_preview=1&course_id=972933&r=https%3A%2F%2Fclass.coursera.org%2Fcfel-001

� Creative Commons• http://creativecommons.org/

� ALCTS e-forum• http://lists.ala.org/sympa/info/alcts-eforum

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Due Diligence • Track all contacts or attempts to

contact� Spreadsheet to record progress

� Source, such as conference, series, thesis

� Title

� Author Name/s

� Date Published

� Copyright Holder? yes/no

� Permissions granted? yes/no

� 4 columns for contacts� 1st contact (enter date)

� 2nd contact (enter date)

� 3rd contact (enter date)

� 4th contact (enter date)

• Create new page for series, or other related materials

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Search Process for Copyright Holder/s

• Inventory collections

• Recognize relationships with mission and institution

• Due diligence/track contacts

• Search for contact information• White Pages or Yellow Pages online

• Sometimes gives phone number and address

• Doesn’t include email address

• Connected to Instant Check Mate for $

• Connects to PeopleFinders for $

• Colorado School of Mines• Tell Ertl Oil Shale Repository

• http://digitool.library.colostate.edu/R/GTXUI4PTTFL61NKDKMA16GYH2QAE63N9E33RXUJ2JQB3BPXTLD-00609?func=collections-result&collection_id=3065&local_base=GEN01-CSM

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Independent Publishing Companies• Search online for their web site

• Usually will be found on Internet with contact information

� Publishing Company closed• Look for publishing company officers within item

• Look up each person in White Pages, may get lucky

• Use business library databases for business research

• Contact local public libraries for past phone books, perhaps they can find past phone numbers

• Authors Coalition of America, LLC Google Images


Locating Copyright Heirs • Search for contact information, for

names of heirs• White Pages or Yellow Pages online

• Sometimes gives phone number and address

• Doesn’t include email address

• Connected to Instant Check Mate for $

• Connects to PeopleFinders for $

� Publishing Company closed• Look for publishing company officers within item

• Look up each person in White Pages, may get lucky

• Use business library databases for business research

• Contact local public libraries for past phone books, perhaps they can find past phone numbers

• Authors Coalition of America, LLC

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Growing Digital Collections• List safe and trusted digital resources

• Government

• Other University Libraries & Archives

• Museums

• Those institutions which are known to have funding to support their digital resources.

� Link to their digital full-text items within your catalog records.

� Some to look into:• Library of Congress

• OCLC

• Hathi Trust

• Internet Archive

• Rocky Mountain Online Archive

• Other University Special Collections

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Thank you to the

Association for Library Collections & Technical Services

(ALCTS)

Julie Carmen

[email protected]

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Questions?

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