Archiving the Grateful Dead Online
The sun comes in by James Cridland http://www.flickr.com/photos/18378655@N00/2272781234 CC
What’s in the Grateful Dead Archive?
How is the website different?
How did we decide when to ask for permission,
and when not to?
Did anybody sue? (Spoiler: no.)
Our Trip by Frisno http://www.flickr.com/photos/frisno/2917037253/ CC BY-NC-N
It’s not your average archive.
(but then, what is?)
Audio and Video
What Went Online?
Content types, by number of items
We didn’t build from scratch.
Q: What does copyright cover?
• “original works of authorship fixed in
any tangible medium of
expression, now known or later
developed, from which they can be
perceived, reproduced, or otherwise
communicated, either directly or with the
aid of a machine or device.” – 17 U.S.C. § 102
(Copyright Act of 1976)
A: Most things in an
• With some exceptions
– Really old stuff
– U.S. government works
Other things I can talk about later if you’re really
A distressing situation A by Pulolux !!! http://www.flickr.com/photos/pulpolux/379647277/ CC BY-NC
For works protected by
• You need to get
permission from the
copyright holder for
– Derivative works
– Public performance
Half Asleep by Thomas Hawk http://www.flickr.com/photos/thomashawk/2513078943/ CC
So what’s Fair Use?
• When you don’t need permission, based
on a carefully weighed analysis of four
– Purpose of the Use
– Nature of the work being copied
– Amount of the copyrighted work being used
– Effect on the market
Salviamo il salvable by Andrea Zanzivan http://www.flickr.com/photos/zanzibar123/252977632/ CC
Some would consider
a risky project.
over rock posters
Fair Use x 23,000!
http://www.flickr.com/photos/floridamemory/3308644581/ No known restriction
Fair Use Case #1:
• Nonprofit educational
• Creative, unpublished works
• Entire work
• No reasonable market to
Fair Use Case #2:
Nonprofit educational purpose
Factual works. Published?
No reasonable market to affect
Not all risks are copyright risks.
em marte tem piscina by Srta. Lobo http://www.flickr.com/photos/44896544@N00/126843186 CC BY-NC
We made ourselves available,
and tried to make some friends.
Easy to find
Shake by bradjreynolds http://www.flickr.com/photos/bradjreynolds/4222512371/ CC BY-NC-ND
Photographers and artists aren’t
always easy to find.
Copyright Status of Items
Grateful Dead Posters
Thomas E. Watson Papers
Permission: Grateful Dead
Dickson, M. (2010). Due Diligence, Futile Effort: Copyright
and the Digitization of the Thomas E. Watson Papers.
American Archivist, 73(2), 626-636.
We have taken down a few
• 23,000 items as fair use
–209 e-mails to archive
• 37 from creators
–15 resulting in takedown
»7 of those 15 would have been
happy with redaction (the rest didn’t
• 0 claims of copyright
otto kopriva by batintherain http://www.flickr.com/photos/82995349@N00/398033423 CC BY-NC-S
People liked finding their
“How incredibly cool to see it again after
all this time, I was 17 when I drew it. Just
wanted to say THANK YOU for bringing
back some awesome memories!”
“Seeing my envelope art was a trip
and it brought a big smile to my
“I can't tell you what a gift this is!!!”
“sweet jesus…YOU MADE OUR DA
nik's fancy crayons by Greencolander http://www.flickr.com/photos/37539977@N00/387073
We were not the first ones
to arrive at this party.
“Despite extensive research, the Library has
been unable to identify all possible rights
holders in the materials in this collection.
Thus, some of the materials provided here
online are made available under an
assertion of fair use.” – Library of Congress
… but the party’s
still not as big as it should be.
“When they did digitize, as most did, they
almost universally chose to digitize public
domain materials first, regardless of scholarly
needs, in order to avoid copyright questions in
the short (or even medium) run.”
-Fair Use Challenges in
Academic and Research Libraries, 2010
When are we going to start
asking the right questions
when we select
collections for digitization?
Untitled by Ciccio Pizzettaro http://www.flickr.com/photos/70038540@N00/1917885551 CC BY-NC-
Libraries have some good tools.
They don’t have to stay in the
iknowiknow by renedepaula http://www.flickr.com/photos/41867887@N00/167679756 CC BY-NC-N