Copyright Risk Assessment for Special Collections
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Copyright Risk Assessment for Special Collections

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Extended Delaware mix of my ACRL 2013 slides

Extended Delaware mix of my ACRL 2013 slides

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Copyright Risk Assessment for Special Collections Copyright Risk Assessment for Special Collections Presentation Transcript

  • Archiving the Grateful Dead Online Katie Fortney @kfortney The sun comes in by James Cridland http://www.flickr.com/photos/18378655@N00/2272781234 CC COPYRIGHT RISK ASSESSMENT FOR THE DIGITAL HUMANITIES:
  • www.gdao.org
  • 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.) Now what? Our Trip by Frisno http://www.flickr.com/photos/frisno/2917037253/ CC BY-NC-N
  • We’re kind of a big deal.
  • It’s not your average archive. (but then, what is?) • • • • • • • • • • • Photos Posters Fan Envelopes Audio and Video T-shirts Concert Tickets Stage Props Backstage Passes News Clippings Fanzines And more!
  • What Went Online? Content types, by number of items Fan Envelopes Tickets T-Shirts Fan Art Passes Album Covers Programs Fanzines Audio files
  • We didn’t build from scratch. http://omeka.org/
  • It’s all about the shows.
  • Browse, search, look, and listen.
  • 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 archive. • With some exceptions – Really old stuff – U.S. government works – Other things I can talk about later if you’re really curious A distressing situation A by Pulolux !!! http://www.flickr.com/photos/pulpolux/379647277/ CC BY-NC
  • For works protected by copyright • You need to get permission from the copyright holder for – Derivative works – Distribution – 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 factors: – 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 this a risky project. DK publishing got sued over rock posters Fair Use x 23,000! Photographs! Unpublished Works! http://www.flickr.com/photos/floridamemory/3308644581/ No known restriction
  • Fair Use Case #1: Fan Envelopes • Nonprofit educational purpose • Creative, unpublished works • Entire work • No reasonable market to affect
  • Fair Use Case #2: Tickets • • • • Nonprofit educational purpose Factual works. Published? Entire work No reasonable market to affect
  • Not all risks are copyright risks. Fair use Project quality Communit y goodwill em marte tem piscina by Srta. Lobo http://www.flickr.com/photos/44896544@N00/126843186 CC BY-NC
  • Tricky Cases: Photographs and Posters
  • We made ourselves available, and tried to make some friends. Leveraging existing relationships Letter and license campaign Easy to find contact information Shake by bradjreynolds http://www.flickr.com/photos/bradjreynolds/4222512371/ CC BY-NC-ND
  • Photographers and artists aren’t always easy to find. Not Found No Response Signed License Refused
  • Copyright Status of Items Grateful Dead Posters Thomas E. Watson Papers In-copyright Public Domain Watson Family Undetermined Status Works-for-hire In-copyright Public Domain Permission: Grateful Dead Permission: Licensed Undetermined Illegible 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 things. • 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 say) • 0 claims of copyright otto kopriva by batintherain http://www.flickr.com/photos/82995349@N00/398033423 CC BY-NC-S
  • People liked finding their stuff! “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 face.” “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 1999
  • … 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 library. arl.org/fairuse publications.arl.org/rli279/
  • Questions ? @kfortney katie.fortney@ucop.edu slideshare.net/katiefortney iknowiknow by renedepaula http://www.flickr.com/photos/41867887@N00/167679756 CC BY-NC-N