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  • Buildings, yes – but exception in the copyright act which enables you to take photographs
  • Remember, use common sense – difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
  • Remember, use common sense – difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.

Transcript

  • 1. Getting your collections out there: Understanding the copyright framework around online collectionsSupported by Australian Library & Information Association (ALIA), Council of Australian University Librarians (CAUL), National and State Libraries Australasia (NSLA), National Library of Australia (NLA) Ellen Broad Executive officer | Australian Digital Alliance Copyright adviser | Australian Libraries Copyright Committee ebroad@nla.gov.au
  • 2. Agenda:9:30am Welcome and introductions9:40am Copyright 101 (subsistence, duration, protection,exceptions)10:45am Morning tea11:45am Digital copyright issues12:30pm Close
  • 3. Copyright 101
  • 4. In a nutshell: “Use of a copyright work in one of the ways exclusively reserved for the copyright holder (i.e. reproduction,publication, communication) without their permission will be an infringement of copyright...unless a limitation or exception applies.”
  • 5. What is protected? http://fc01.deviantart.net/fs71/i/2010/017/7/1/Open_book_by_alexiel_resources.jpg http://farm9.staticflickr.com/8446/7791686282_d9302d8abd.jpghttp://fc09.deviantart.net/fs70/f/2012/015/0/c/hearts_alexander_calder_inspired_stabile_sculpture_by_cyclops_unicorn-d4mfbc4.png http://images.cdn.fotopedia.com/flickr-8139492153-hd.jpg
  • 6. As well as:• Cinematograph film• Broadcasts• Sound recordings• Published editions• BroadcastsAre buildings protected? What about collages?Tweets? Computer code?
  • 7. For how long?http://farm2.staticflickr.com/1266/5181143856_3f9375660e.jpg
  • 8. For a copyright duration tocommence, in most cases the work must be published
  • 9. What is ‘publication’?•Published (print works)•Offered/made available for sale to the public•Broadcast•Performed in publicWhat about artistic works?If a work is never published, when does copyrightexpire? http://upload.wikimedia.org/wikipedia/commons/a/a5/Venus_de_Milo_Louvre_Ma39
  • 10. Who owns copyright?Generally, the first person to set the work down inmaterial form. Unless:•Created in the course of employment•Freelance photographers•Producers (film)•GovernmentWhat about anonymous works? Works of jointauthorship?
  • 11. What are the exclusive rights of the copyrightholder?• Reproduction - copying of a work in any format• Publication – right to make the work public for the first time• Public performance• communication – including electronic communications• Adaptation – i.e. translationsTechnological protection measures?
  • 12. Circumvention of Technological Protection Measures(TPMs)Digital ‘locks’ preventing people from using works in certain waysand/or accessing copyright works.Exceptions allowing the circumvention of TPMs:Where the copyright owner permits itRegion coding (DVDs, games)Interoperability with computer programsMaking of preservation copiesProviding works to users and other libraries under section 49 and50
  • 13. Moral rightsRelatively new – introduced in 2000Not a ‘copyright right’Inalienable rights which cannot be assignedInclude:AttributionPrevention of false attributionEnsuring integrity of authorship – right toobject to mutilation, distortion, any actprejudicial to author’s honour or reputation
  • 14. So what isn’t protected under copyright?
  • 15. Copyrightexceptions and limitations
  • 16. When can you use copyright works withoutthe right holder’s permission?•The material is in the “public domain”•You are not using a “substantial portion”•The use is in accordance with a CC or other licence•An exception or limitation applies
  • 17. Exceptions (extracted in hand out) Part VA – broadcast licence Fair Dealing for research and study Part VB – educational Document supply copying Fair Dealing for reporting the news Preservation Fair Dealing for parody and satire Certain publication of unpublishedReading aloud in public works
  • 18. Preservation:Section 51A – one copy only:Quirk: Preservation may be undertaken…“if the work has been held in the collection in a publishedform but has been lost or stolen – for the purpose ofreplacing the work”Key cultural institutions? Can make up to three copies
  • 19. Exceptions – private copyingNot available to organisations or institutions –‘private and domestic use’Time shifting - recording TVprograms or radio to watch orlisten to at another timeFormat shifting - i.e. scanningphotographs to put on a CD;converting CD to digital files***Shifting music between devices(‘the iPod exception’) – ‘spaceshifting’ http://farm2.staticflickr.com/1346/902434710_6e
  • 20. Consumer copying:You can copy music from a CD to a smartphone or tablet - butnot to your smartphone and tabletYou can copy music from a CD to your tablet - but you can’tcopy a film from a DVD to your tabletYou can backup a CD or DVD to your computer, but you cantstore it privately online so you can listen to it on mobileYou can use a mobile app to record a TV show on a devicestored in your home, but not if it is recorded and stored in thecloud
  • 21. Exceptions – Fair DealingAllows use of a work for:Research or study (s40) – with limits on amount of thework that can be reproducedCriticism or review (s41) – must involve analysis orcritique of the work – cannot be merely illustrative.Parody or satire s41A) – must offer comment on theworkReporting of news (s42)As well as professional legal privilege andjudicial proceedings
  • 22. Fair Dealing for research or study (s40) Certain quantities are ‘deemed’ fair: Hardcopy = 10% of pages or 1 chapter Electronic = 10 % of words or 1 chapter Periodicals = 1 article (more than 1 if it relates to the same research or course of study)If you wish to copy more, or are copying an artistic work - need to consider a number of factors to decide if it’s fair.
  • 23. Educational copyingStatutory LicencesParts VA & VB Copyright ActPart VA: License for the copying and communicating of broadcasts(TV, radio, cable, satellite). License managed by ScreenrightsPart VB: License for the copying and communication works (hard copy& electronic) by educational institutions. License managed by theCopyright Agency Limited
  • 24. Part VA – broadcast material•Allows educational institutions to copy audio-visual off-air broadcastmaterial which has been made available online by the broadcaster (egTV programs, podcasts).• No limitations on amounts that can be copied• Labelling requirements for copied items• If communicated (eg by email), a copyright warning notice required
  • 25. Part VB – literary, dramatic, musical works•Allows educational institutions to make as many copies as neededBUT the amount is limited:• 10% of books and published works•10% (or 1 chapter) of electronic literary, dramatic or musical worksInsubstantial Portions: Educational institutions can communicate an ‘insubstantial portion’ forfree, i.e. 1%, without having to use the statutory licenses. Does not apply to musical or artistic works, and can’t copy anotherinsubstantial portion from the same work within 14 days.Must be done within institutional premises, for educational purposes.
  • 26. Document supply and interlibrary loanI. Libraries & archives can reproduce &communicate articles and works to users for‘research & study’ (s49)II. Libraries & archives can reproduce &communicate articles and works to another library forinclusion in their collection; or to supply a user under s 49. (s50)
  • 27. A. Is the use allowed under another section ofSection 200AB – flexible the Copyright Act? Fair dealing, library anddealing archival copying, statutory licence, consumer exceptions, section 183 B. For the purposes of “maintaining or operating” the library or archives? Or for “educational instruction”? C. Does the use meet the requirements of s200AB? The use must: • Not conflict with normal exploitation of the work; • Not unreasonably prejudice the copyright holder; and • Be a special case.
  • 28. What’s left outside theexceptions? • Cloud computing • Data and text mining • Social media use of content • Digitisation (outside of section 200AB) • Uses involving digital locks with no corresponding Schedule 10A exception • Indexing and caching http://farm4.staticflickr.com/3469/3721809183_847a705f0c.jpg • Digital content licensing • Web 3.0? ‘Push’ data?
  • 29. Morning tea(resume at 11:15am)
  • 30. Copyright online Social media Content licensing Digitisation Digital repositoriesData and text mining
  • 31. Social mediaPinterest
  • 32. Social media - Pinterest “You grant Pinterest and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Pinterest solely for the purposes of operating, developing, providing, and using the Pinterest Products. Nothing in these Terms shall restrict other legal rights Pinterest may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.”
  • 33. Social mediaTumblr “When you transfer Subscriber Content to Tumblr through the Services, you give Tumblr a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of (including, without limitation, by Reblogging, as defined below), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing Tumblr to develop new Services. The reference in this license to "derivative works" is not intended to give Tumblr itself a right to make substantive editorial changes or derivations, but does enable Tumblr Subscribers to redistribute Subscriber Content from one Tumblr blog to another in a manner that allows Subscribers to, e.g., add their own text or other Content before or after your Subscriber Content ("Reblogging").”
  • 34. In other words:Tumblr “When you upload your creations to Tumblr, you grant us a license to make that content available in the ways youd expect from using our services (for example, via your blog, RSS, the Tumblr Dashboard, etc.). We never want to do anything with your content that surprises you. Something else worth noting: Countless Tumblr blogs have gone on to spawn books, films, albums, brands, and more. Were thrilled to offer our support as a platform for our creators, and wed never claim to be entitled to royalties or reimbursement for the success of what youve created. Its your work, and were proud to be a part (however small) of what you accomplish.”
  • 35. Social mediaFacebook “For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”
  • 36. Digital contentItunes http://farm3.staticflickr.com/2439/3905930135_ab979bd9c2.jpg
  • 37. Example 1, licence terms of use:“Licensee, the Institutions and Authorized Users may use the Licensed Materials for purposes of research, education or other non-commercial use asfollows:Display. Licensee, the Institutions and Authorized Users shall have the right to electronically display the Licensed Materials.Digitally Copy. Licensee, the Institutions and Authorized Users may download and digitally copy a Reasonable Amount of the Licensed Materials.Print Copy. Licensee, the Institutions and Authorized Users may print a Reasonable Amount of the Licensed Materials.Recover Copying Costs. Licensee and the Institutions may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materialsfor Authorized Users. Course Packs. Licensee, the Institutions and Authorized Users may use a Reasonable Amount of the Licensed Materials in the preparation of CoursePacks or other educational materials.Electronic Reserve. Licensee, the Institutions and Authorized Users may use a Reasonable Amount of the Licensed Materials for use in connectionwith specific courses of instruction offered by Licensee.Analysis. Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or researchpurposes, including but not limited to extraction and manipulation of information for the purposes of illustration, explanation, example, comment,criticism, teaching, research, or analysis. Scholarly Sharing. Authorized Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of theLicensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercialpurposes. In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materialsin the Authorized User’s own scientific, scholarly and educational works.Inter-Library Loan (“ILL”). The Institutions shall be permitted to use Reasonable Amounts of the Licensed Materials to fulfill occasional requests fromother, non participating institutions, a practice commonly called Inter-Library Loan. Customer agrees to fulfill such requests in compliance withSection 108 of the United States Copyright Law (17 USC §108, “Limitations on exclusive rights: Reproduction by libraries and archives”) and theGuidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works(CONTU).”
  • 38. Example 2, licence terms of use:“(a) You, subject to clause 4 below, may: (i) Allow Authorised Users to have access to the Work from the Publishers Server via the Secure Network; (ii) Access, search and view the Work for the purpose of internal marketing or testing or for training Authorised Users or groups of Authorised Users. (b) Authorised Users may, subject to clause 4 below: (i) Access, search and view the Work for personal use only; (ii) copy and paste one chapter of each title in the collection in question, or up to 5% of the pages from the total collection, whichever is the greater, for personal use only, during any given four-week period, unless otherwise stated in acollection; (iii) make printed copies of one chapter or up to 20% of the pages from the total collection, whichever is greater, for personal use, during any given four-weekperiod, unless otherwise stated in a collection. (c) Nothing in this Agreement shall in any way exclude, modify or affect any of Your statutory rights under applicable copyright law.”
  • 39. Other content licensingCreative Commons
  • 40. Misuse of CC-licensed imagesImage CC-licence non-commercial, by Trey Radcliff http://stuckincustoms.smugmug.com/Other/Reviews-1/22214446_bJbgcQ#!i=2333724989&k=63K74xh&lb=1&s=M
  • 41. Data and text mining• Mapping the Republic of Letters• London lives
  • 42. Digitisation checklist• Is the work in copyright?• Is there an exception which might apply? – Section 200AB• Is there a TPM attached to the content?• Can you provide attribution?
  • 43. Building a lasting relationship Moral rights Creative commonsAcquisition/Deposit agreements
  • 44. Licence your own copyright material undercreative commonsEncouraging copyright owners toallow others to share, remix and reusetheir material legally. Attribution CC BY Attribution-Share Alike CC BY-SA Attribution-No Derivative Works CC BY-ND Attribution-Noncommercial CC BY-NC
  • 45. Acquisition/deposit agreements • Seeking permissions • Develop a template for permitted uses of copyright materials • i.e. Series of tick boxes for the copyright holder listing permitted uses of material: publication online, use in catalogue, marketing materials, etc • See template provided
  • 46. ALRC Copyright Inquiry – yourthoughts
  • 47. Any last words?Thank youEllen BroadE: ebroad@nla.gov.auT: (02) 6262 1273 http://fc04.deviantart.net/fs70/i/2011/123/2/ 4/alexander_ii_on_his_deathbed_by_kraljal eksandar-d3fhd1i.jpg