Moving Beyond Access: University Institutional Repositories, Copyright and Digital Preservation


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  • suggested changes for copyright reform:technologically neutral right of preservation of repository holdings, permitting repositories to take action to preserve and make accessible the works in their custody;Use and possession of tools designed for making copies for preservation and access should be allowed
  • Materials in violation of copyright law:unclear who is to be held liable for materials in UIRs that infringe copyright law. the project’s suggestions for copyright reform include that Irs should not be held liable for making public a work deposited that infringes copyright, nor for users activity that infringes copyright. There is also no procedure outlined for copyright owners to inform UIRs if materials in their possession violate copyright. the United States Copyright Law, however, includes guidelines on notifications of copyright infringement for service providers (internet service providers, host servers), that can be used by UIRs to design forms for similar purposes.
  • Moving Beyond Access: University Institutional Repositories, Copyright and Digital Preservation

    1. 1. Moving Beyond Accessuniversity institutional repositories, copyright and digital preservation<br />Elizabeth Shaffer and Harrison W. Inefuku<br />SLAIS Research Day, 11 March 2011<br />
    2. 2. agenda<br />Introduction to the project<br />Research to-date<br />Copyright and digital preservation in UIRs<br />Copyright legislation and treaties<br />Exemptions for libraries and archives<br />Current copyright law in digital environments<br />Areas for further research<br />
    3. 3. what is a uir?<br />institutional repository<br />“digital collections that capture and preserve the intellectual output of university communities.” <br />–SPARC<br /> “online locus for collecting, preserving, and disseminating—in digital form—the intellectual output of an institution, particularly a research institution.” –Wikipedia<br />
    4. 4. research goals<br />University Institutional Repositories: Copyright and Long-term Preservation <br />identify how digital preservation strategies may infringe existing copyright legislation;<br />establish long-term preservation measures possible under current legislation and test them in IR context;<br />determine what changes to copyright law are required to ensure proper long-term digital preservation strategies can be applied<br />
    5. 5. research in progress<br />University Institutional Repositories: Copyright and Long-term Preservation <br />preservation plan<br />model policies<br />distribution license<br />application profile<br />activity model<br />file format guidelines<br />copyright/ moral rights findings<br />
    6. 6. copyright in uirsoverview of legislation<br />Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”)<br />WIPO – “The Internet Treaties”<br />WCT<br />WPPT<br />Canada<br />Act C-42<br />Bill C-32 (proposed)<br />United States<br />US Copyright Law [Digital Millennium Copyright Act]<br />
    7. 7. copyright in uirsmoral rights<br />moral rights [droit morale]<br />Article 6bis of the Berne Convention<br />disclosure and withdrawal<br />attribution<br /> integrity<br /> association<br />
    8. 8. copyright in uirsexemptions for libraries and archives<br />Copies of rare or unpublished materials for preservation<br />Copies for research<br />Notice of warning of copyright infringement placed on reproduction machines<br />
    9. 9. copyright in uirsweaknesses for digital environments<br /># of copies (united states)<br /> “The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete” –United States Copyright Law<br />
    10. 10. copyright in uirsweaknesses for digital environments<br /># of copies (united states)<br /> “’Copies’ are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed.” –United States Copyright Law<br />
    11. 11. copyright in uirsweaknesses for digital environments<br />digitization<br />“any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.” –United States Copyright Law<br />
    12. 12. copyright in uirsweaknesses for digital environments<br />digitization<br />“A library, archive or museum or a person acting under the authority of a library, archive or museum may do, on behalf of a person who is a patron of another library, archive or museum, anything under subsection (1) or (2) in relation to printed matter that it is authorized by this section to do on behalf of a person who is one of its patrons, but the copy given to the patron must not be in digital form.” –Canada, Copyright Act<br />
    13. 13. copyright in uirsdigital preservation and copyright<br />preservation activities may alter, reduce or eliminate functionality of digital objects<br />strength of distribution licenses<br />suggested changes for copyright reform<br />
    14. 14. further research<br />challenges of mixed content environments<br />preservation; copyright law [moral rights];<br />materials in violation of copyright law;<br />issues particular to Internet distribution and potential moral rights infringements;<br />
    15. 15. references<br />Rigamonti, Cyrill P. “Deconstructing Moral Rights” in Harvard International Law Journal 47, no. 2 (Summer 2006): 353–412.<br />SundaraRajan, Mira. “Culture Matters: Why Canada’s Proposed Amendments to its Copyright Law Should Revisit Moral Rights” in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda.” Edited by Michael Geist. Toronto: Irwin Law, 2010.<br />————. Moral Rights: Principles, Practice and New Technology. New York: Oxford, 2010.<br />Acts, Bills and Treaties<br />Canada<br />C-42<br />Bill C-32<br />United States Copyright Law<br />Berne Convention<br />WIPO “Internet Treaties”<br />WCT<br />WPPT<br />