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ALCC libraries copyright training 2012Presentation Transcript
PART 2 FLEXIBLE DEALING DIGITAL CHALLENGESAmazon Kindle 2 Wireless Ebook Reader by goXunu reviewshttp://www.flickr.com/photos/43602175@N06/4069260433/
Exceptions – Flexible Dealing (s200AB) Available online at: http://www.digital.org.au/alcc/resources/documents/ Also: Copyright in Cultural Institutions Group ‘Flexible Dealing and Cultural Institutions’ http://nma.gov.au/shared/libraries/attachments/abou
Exceptions – Flexible Dealing (s200AB)• Is the use allowed under another section of the Copyright Act? Fair dealing, library and archival copying, statutory licence, consumer exceptions, section 183• For the purposes of “maintaining or Berne – Federal Parliament Square by Kecko http://www.flickr.com/photos/kecko/5765572304/ operating” the library or archives? Or for “educational instruction”?• 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.
Providing online access to collection material Apply the 3 step test Make sure the use does: • Not conflict with normal exploitation of the work; • Not unreasonably prejudice the copyright holder; and • is a special case.Digital Archive, Boston Institute of Contemporary Art by Peter Alfred Hesshttp://www.flickr.com/photos/peterhess/5806305467/
Section 200AB and barriers to placing material online • Digitisation involves circumvention of TPM; • Commercial availability of works • Existence of a licence? Example: Placing thumbnail images online
Format shiftingWhere not covered by preservation copying or consumer exceptions The use does: • Not conflict with normal exploitation of the work; • Not unreasonably prejudice the copyright holder; and • is a special case.VHS Heaven...or Hell by makelessnoisehttp://www.flickr.com/photos/makelessnoise/203559383/
Locating the copyright holderBefore turning to the three step test under s200AB, youneed to demonstrate you’ve taken reasonable steps tocontact the copyright holder:“reasonable steps”– considerations: • Nature of the work – commercial or non- commercial • Age of the work • Published or unpublished work • Potential concerns of the creator – deceased, alive, interests of the estate • Extent of the planned use • Reasonable enquiries of others • Common sense
Orphan WorksAfter taking reasonable steps to locate the copyright holder The use does: • Not conflict with normal exploitation of the work; • Not unreasonably prejudice the copyright holder; and • is a special case. Allan Stomann, creator unknown, courtesy Swinburne Image Bank, Swinburne University of Technology http://images.swinburne.edu.au/handle/1111.1/3343
Orphan Works – Large scale uses and “special case”Where collection consists predominantly of orphan works Scalable search: • Conduct reasonable enquiries into a proportion of the collection • “reasonable enquiries” - considerations from previous slide Eaglebrook School Archives, the 1960s by Eaglebrook School http://www.flickr.com/photos/eaglebrook/5549951920/
Orphan Works Reproducing orphan works ‘in good faith’. Swinburne University Orphan Works statement: ‘The University is continuing to endeavour to trace the copyright owner(s) and in the meantime this item has been reproduced here in good faith. We would be pleased to hear from copyright owner(s).’Allan Stomann, creator unknown, courtesy Swinburne Image Bank, Swinburne Universityof Technology http://images.swinburne.edu.au/handle/1111.1/3343
Other digital challenges•Accessing withdrawn/retracted works•Contract overriding copyright exceptions•Mass digitisation•Collecting digital-borne material
The ‘five year plan’ for copyright law reformAustralian Law Reform Commissioninquiry into copyrightWIPO discussions on exceptions forlibraries and archivesTrans-Pacific Partnership Agreement
Thank youEllen BroadCopyright Law and Policy Adviser t: 02 6262 1273Australian Libraries Copyright Committee w: digital.org.auAustralian Digital Alliance e: email@example.com