Copyright and Academic Libraries

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A brief presentation given to a class of new library students on Copyright in Academic Libraries

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Copyright and Academic Libraries

  1. 1. Copyright fair use & first sale 1Saturday, August 24, 13
  2. 2. Why Should Librarians Care About Copyright? 2Saturday, August 24, 13
  3. 3. Copyright is the legal framework under which Libraries operate. 3Saturday, August 24, 13
  4. 4. What You Need To Know (The good-parts version.) 4Saturday, August 24, 13
  5. 5. US Constitution Article One: Section Eight Congress Shall Have The Power To: Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; 5Saturday, August 24, 13
  6. 6. Creators get a limited monopoly on their work for a limited time. After that limited time, ownership passes to the public domain. With some adaptation, these are still the rules today. tl;dr 6Saturday, August 24, 13
  7. 7. What Can Be Copyrighted? “Fixed in a tangible medium of expression.” Books, DVDs, computer files, napkin sketches... Original works Creative works 7Saturday, August 24, 13
  8. 8. What Cannot Be Copyrighted? Ideas Facts Government documents (Patents & trademarks are similar but not the same as copyright.) 8Saturday, August 24, 13
  9. 9. 1. the right of reproduction (public & private) 2. the right to create derivative works (public & private) 3. the right to distribution (public) 4. the right to performance (public) 5. the right to display (public) 6. the digital transmission performance right. (public) What does Copyright Protect? 9Saturday, August 24, 13
  10. 10. How Long Does Copyright Last? (US) Anything published before 1923 is out of copyright. For anything published after 1977 copyright lasts the life of the author + 70 years. 1923-1977: It’s complicated. 95 years, unless ... ... works for hire, unpublished, orphan works 10Saturday, August 24, 13
  11. 11. fairuse.stanford.edu chillingeffects.org/ fairuse/ 11Saturday, August 24, 13
  12. 12. ? 12Saturday, August 24, 13
  13. 13. Copyright is Broken “I think the most important thing is to problematize existing structures.” @CopyrightLibn Nancy Sims 13Saturday, August 24, 13
  14. 14. Copyright was created when the printing press was the dominant information technology. 14Saturday, August 24, 13
  15. 15. Photocopiers Challenged Copyright The Internet Broke Copyright. 15Saturday, August 24, 13
  16. 16. Broken Copyright Laws Rules written to regulate press that cost six figures and require skilled labor to operate aren’t effective when every office has a Xerox or cassette recorder. But there is a quality distinction between “real” items and “copies. Digital media breaks the economics of supply and demand. When there are an infinite number of perfect, free copies, what does one charge? 16Saturday, August 24, 13
  17. 17. First Sale & Fair Use 17Saturday, August 24, 13
  18. 18. First Sale: If you own something, you call sell or lend it without the permission of the creator. (Think: cars and houses.) Libraries own books and DVDs, thus we can lend them to our cardholding users. First sale does not apply to digital files in most cases. 18Saturday, August 24, 13
  19. 19. Fair Use the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion taken, the effect of the use upon the potential market. See more at: fairuse.stanford.edu/overview/fair-use/four-factors/ 19Saturday, August 24, 13
  20. 20. copyright in academe 20Saturday, August 24, 13
  21. 21. Code of Best Practices for Fair Use in Academic Libraries www.arl.org/storage/documents/publications/code-of- best-practices-fair-use.pdf 21Saturday, August 24, 13
  22. 22. http://www.arl.org/storage/ images/fair-use-infographic- aug2013-1200x7050.png 22Saturday, August 24, 13
  23. 23. ? 23Saturday, August 24, 13
  24. 24. 2. Nicholas Schiller 3. Marcus Hansson 13. Andrew Plumb 14. By Develop GmbH (Archiv der Develop GmbH, Langenhagen) [CC-BY-SA-3.0-de (http://creativecommons.org/licenses/by-sa/3.0/de/deed.en)], via Wikimedia Commons 14. By Jimbo Wales, Fredrik CC-BY-SA-3.0 (http://creativecommons.org/ licenses/by-sa/3.0/)], via Wikimedia Commons 15. Jorge Cham (c) http://www.phdcomics.com/comics/archive.php? comicid=1200 22. Nhenze (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/ by-sa/3.0) 24Saturday, August 24, 13

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