Who Owns Snow White? Copyright Issues for Youth Librarians

ALSC ALA Annual Orlando

June 28th, 2004Carrie Russell, Copyright Specialist

ALA Office for Information Technology Policy

Review of Copyright LawPurpose: to benefit the public by advancing the progress of science and the useful artsNot a natural right Limited, statutory monopolyExclusive rightsExemptions for users <fair use, making copies, classroom use, etc.>Public domain

Exclusive Rights

Right to reproduce copiesRight to distribute copiesRight to display a copy publiclyRight to perform a copy publiclyRight to create a derivative work based on the original

Fair UseCopyright can be infringed because strict application of the law is unfair and stifles creativity.Fair Use is based on years of judicial decisions (case law).Fair Use is codified in Section 107 of the copyright law.Fair Use is a defense in an infringement case, but it is also a user right.

Furthermore…Fair Use is an unauthorized, but lawful, use of a copyright.You don’t have to pay a fee or ask permission if your use is a fair use.Fair use is supposed to be “technologically neutral.”Fair use cannot be quantified or “set in stone.”

What do you care about?

Preventing infringement? Fear of liability? Teaching others about copyright? Knowing what you can do lawfully? Finding out who got sued and why? None of the above?

Public Performances Showing a video or DVD in the classroom for curriculum purposes? Yes, if copy is lawfully made or acquired OK if video is rented from a video store OK if you show it more than once OK if you show it every year OK if it is a feature film if curriculum-related Not generally OK if you make copies or

distribute beyond the classroom

Public Performances

Showing a video or DVD in the classroom for entertainment? In general, you need a public

performance license How? From distributor, during

purchase, from a licensing agency (i.e. Movie Licensing USA)

Public Performances

Showing a video or DVD in the public library? In general, you need a public performance

license Maybe OK if performance is “private” Narrowly interpreted in court cases There may be situations when the public

performance is a fair use Mere reception in a public place, brief

glimpses of a public performance – not a problem

So you want to give a presentation?

What do you want to use and why? Consider presentation objective Could you do it a different way? Alternatives to full scale copying

Presentations at conferences not the equivalent of non-profit, educational use, but…Good argument for fair use

Creating a Web SiteIs it necessary to include copyright protected material?Are you creating original content? Your own copyright statementIn general, a series of fair use decisionsWho will see it?How long will it be there?

MarketingBook displays Owned copies Limited in place Widely accepted

Book covers on library Web sites Making copies Wide distribution Could be highly creative work Who holds the copyright? Should you seek permission?

Marketing

ALA Read Posters Making your own versions Does ALA own the “read” idea?

Modifying protected works Brochures with copyright materialBook sales Gifts Videos Computer software

Story TimeIs it a public performance? A place open to the public Any place where a substantial # of people

are gathered

In the library Traditional Accepted behavior Educational objective, not for profit, library

has lawfully owned copy Don’t worry about it!

Story Time

Over the phone? “Dial a story” services Not a public performance

One must “transmit” performance to the public at a public place

Or “transmit” to a substantial number of persons

Same (public?) place or in separate (public?) places; same time or at different times

Story Time

On the cable channel More public Who receives the program? Educational, not for profit, public access

channel?

Recorded on video Now you’re making a reproduction What are you going to do with the copies?

Five Copyright Rules for ALSC Librarians

You have the opportunity to teach othersThere are no definitive answers (sorry)Fair use is your friendStep back, relax, count to tenThe correct approach is the balanced approach, combined with your unique responsibility to protect user interests

Contact me!

Carrie Russell, ALA Copyright Specialist

(I’m in Washington, DC)crussell@alawash.org

800.941.8478***Buy the book! Complete Copyright: An

Everyday Guide for Librarians