VRA 2014 Case Studies in International Copyright, Hirsch

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Presented by Cara Hirsch, at the Annual Conference of the Visual Resources Association, March 12-15, 2014 in Milwaukee, Wisconsin. …

Presented by Cara Hirsch, at the Annual Conference of the Visual Resources Association, March 12-15, 2014 in Milwaukee, Wisconsin.

Session 9, Case Studies in International Copyright Compliance: Untangling the Web of Publishing and Sharing Copyrighted Content Online
Cara Hirsch, Artstor
Allan Kohl, Minneapolis College of Art and Design (on behalf of the VRA Intellectual Property Rights Committee)
Vicky Brown, University of Oxford (on behalf of the VRA International Task Force)

Allan Kohl, Minneapolis College of Art and Design
Vicky Brown, University of Oxford

• Matthias Arnold, University of Heidelberg (Germany)
• Vicky Brown, University of Oxford (United Kingdom)
• Marta Bustillo, National College of Art and Design, Dublin (Ireland)
• Lavinia Ciuffa, American Academy in Rome (Italy)
• Marika Sarvilahti, Aalto University, Helsinki (Finland)

Teachers, students and scholars have long been able to rely on fair use in making content available for teaching, research and study within the United States. However, such protections don’t exist outside the United States. This session explores the various ways that visual resource professionals have addressed copyright compliance issues when making images available for educational and scholarly purposes outside of the United States. Using various case studies, the session will address the sharing of image resources between and among different institutions, determining when and how images can be made available to the general public, creating image-based research collaborations across national boundaries, and the international aspects of publishing with images.

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  • 1. International Copyright Law: A Framework Cara Hirsch Deputy General Counsel Artstor Outgoing Co-Chair, VRA Intellectual Property Rights Committee
  • 2. What is Copyright? • Copyright is a legal concept that grants authors and artists control over certain uses of their creations for limited periods of time. • Copyright owners can limit who may copy, change, perform, or share their works.
  • 3. International Copyright Treaties • Six major multilateral treaties: – Berne Convention – Universal Copyright Convention – Rome Convention – WIPO Copyright Treaty – WIPO Performances and Phonograms Treaty – The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • These treaties set basic standards that all signatory countries must follow when adopting or changing their copyright laws. • Within those limits, each country sets its own laws.
  • 4. Copyright Regulations in Europe • Efforts in the European Union to harmonize copyright law have resulted in a number of regulations, including the 2001 Directive on Copyright in the Information Society. • Required states to adopt certain uniform rights and protections. • Also included an exhaustive list of limitations and exceptions to copyright, most of which optional for the Member States to implement in their national laws.
  • 5. Copyright Protection: Economic Rights • Allows authors the profit from the use their works • The primary economic rights are: – The right to reproduce the work; – The right to create derivative works (e.g., translations, abridgments, or adaptations); – The right to distribute the work; – The right to perform or display the work publicly.
  • 6. Copyright Protection: Moral Rights • Designed to protect authors’ noneconomic interests in their creations • The primary moral rights are: – The right of integrity (e.g., the right to prevent the destruction or defacement of a work); – The right of attribution (i.e., the right to be given appropriate credit for one’s creations, and not to be blamed for things one did not create; – The right of disclosure (i.e., the right to determine if and when a work can be made public); – The right of withdrawal (i.e., the right (in certain circumstances) to remove from public circulation copies of a work one has come to regret).
  • 7. Neighboring Rights • ‘Cousin’ to copyright in some countries • Typically economic rights granted to persons who are not authors of a work but who contribute to its creation • Can include performers, producers, and broadcasting associations.
  • 8. Duration of Copyright Law • The Berne Convention requires a minimum copyright term of the life of the author plus an additional 50 years after her death for all works except photographs and cinematic works. • Countries can adopt longer terms • The U.S., Germany, Finland, Ireland and the U.K. have all extended this to life of the author + 70 years
  • 9. Notable Exceptions to Copyright Law • Fair Use – Concept under U.S. copyright law that allows copyright material to be used for certain purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. Determined based upon a non-exclusive set of factors. – Israel and Poland recently enacted fair use protections, as well • Fair Dealing – Enumerated set of defenses against copyright infringement. – Fair dealing concept exists under the laws of Australia, Canada, the U.K., New Zealand, Singapore, India and South Africa
  • 10. Orphan Works • A small number of countries have implemented systems that make it possible to make use of orphan works. • Denmark, Finland, Iceland, Norway, and Sweden and Canada have laws governing the licensing of orphan works • The U.S. and E.U. also moving in that direction