Copyright basics for library staff

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This was presented to a class of future library technicians in the Greater San Diego area in September 2009. …

This was presented to a class of future library technicians in the Greater San Diego area in September 2009.
21st century copyright liabilities for libraries are in flux, so I presented copyright basics and some of the issues and current solutions to each dilemma.

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  • Hello my name is and your instructor invited me here today to talk about 2 things: the basics of copyright and afterward answers about being a student in the SJSU SLIS.I’ll spend several minutes with a slide show presentation on copyright issues and if you have Internet available at your stations I’d like to let you experiment with one of the sites I mention in the presentation.Since I am not a lawyer or a copyright specialist, I’m not qualified to field specific questions about copyright, but I may be able to get back to you with hints on getting the right answer.I am an expert at being a library science student, so I’ll take any and all questions on this. Ok, shall we get started?
  • Basis of copyright law today:Copyright was considered so important to the progress of the country that it was stated explicitly on the first page of the United States Constitution!The specific clause is Clause 8, section 1: “To promote the progress of science and useful arts, by securing for a limited time to authors and inventors the exclusive rights to their respective writings and discoveries;”Like many statements in our Constitution, it is open in part to interpretation. For instance, ‘rights’ are exclusive for a limited time, but exactly for how long has changed several times in legislation passed over the last 200 years. I’d also like to point out that the founders recognized that ensuring creators’ rights and profits would stimulate creativity, which they considered vital for a democratic nation.
  • So, what do these exclusive rights protect?Broad definition: Copyright is automatic for intellectual property the moment it is in a fixed format; as soon as it is written or recorded. Web content, Articles, Published Reports, Photos, Music, Film, Software, Books, Architecture, Drama, Choreography(Basically, everything and anything that libraries collect).The copyright symbol is not required, though it is a good idea for authors to remind readers or listeners of the creator’s copyright.

Transcript

  • 1. The basics
    by Sabrina Nespeca for LT 100 Fall 2009
    1
    Copyright and Libraries
  • 2. United States Copyright
    by Sabrina Nespeca for LT 100 Fall 2009
    2
    [Clause 8, 1] 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;
  • 3. What does copyright protect?
    by Sabrina Nespeca for LT 100 Fall 2009
    3
    ©
  • 4. Not protected: Free to share
    by Sabrina Nespeca for LT 100 Fall 2009
    4
  • 5. What are copyrights for the owner?
    by Sabrina Nespeca for LT 100 Fall 2009
    5
  • 6. Who is the owner?
    by Sabrina Nespeca for LT 100 Fall 2009
    6
    Author(s)
    Author’s Employer
    Other
  • 7. Ask for permission
    by Sabrina Nespeca for LT 100 Fall 2009
    7
    Books and journal articles
    Foreign
    Newspaper
    Images
    Freelance writer (author retains ©)
    Music performance
    Music recording
    Online musical performance
    Play rights
    Movie
  • 8. Libraries’ loopholes
    by Sabrina Nespeca for LT 100 Fall 2009
    8
    Unprotected Exceptions
  • 9. Exception: Public Domain
    by Sabrina Nespeca for LT 100 Fall 2009
    9
    When does copyright start and end?
    Copyright protection by date
    http://librarycopyright.net/digitalslider/
  • 10. 10
  • 11. Etool for Fair Use
    by Sabrina Nespeca for LT 100 Fall 2009
    11
    Learn More about Fair Use
    Fair Use Evaluator
    http://librarycopyright.net/fairuse/
    © Michael Brewer & ALA Office for Information Technology Policy
    Is using this Etool “fair use”?
    My Results of Fair Use Evaluator
  • 12. 20th century library rights: fair and balanced
    by Sabrina Nespeca for LT 100 Fall 2009
    12
  • 13. New Millenium
    by Sabrina Nespeca for LT 100 Fall 2009
    13
  • 14. I found it on the Internet!
    by Sabrina Nespeca for LT 100 Fall 2009
    14
    No one cares what I do with it, right?
    Exceptions
    Public Domain
    Custom licenses (CC)
    Fair Use
    Small portions of multimedia
    No agreement on images
  • 15. Distance Education
    by Sabrina Nespeca for LT 100 Fall 2009
    15
    TEACH Act (Technology Education and Copyright Harmonization) 2002
    Films in the Classroom:
    Exceptions for Instructors (etool)
    Created by the ALA
    For more complex scenarios, try
    The TEACH Toolkit, maintained by Peggy E. Hoon
    http://www.lib.ncsu.edu/dspc/legislative/teachkit/
  • 16. Digitizing Analog Images
    by Sabrina Nespeca for LT 100 Fall 2009
    16
    I’ll just scan this…
  • 17. New Stuff from Old stuff
    by Sabrina Nespeca for LT 100 Fall 2009
    17
  • 18. Electronic Reserves
    by Sabrina Nespeca for LT 100 Fall 2009
    18
    Like “Reserve Book Room”
    Need permission
  • 19. Copying
    by Sabrina Nespeca for LT 100 Fall 2009
    19
    Digital archiving and for replacement
    Patron requests
    Research
    Course reserves
    Interlibrary Loan
    http://www.nmrls.org/ill/illcode.shtml
    Document Delivery
    New technology transforms ILL to Doc Delivery. No consensus on fair practice.
    Moving to Database Licenses
  • 20. Licensing: emerging trend
    by Sabrina Nespeca for LT 100 Fall 2009
    20
    Old: Just sign it and send it back!
    Ugly consequences
    New: Fully negotiable
  • 21. Solution
    by Sabrina Nespeca for LT 100 Fall 2009
    Fair use question
    Public Domain
    Digital copying
    Future of libraries
    Analyze and defend
    By Date
    Interim: licensing
    Outsourced?
    21
    Current best practices
    Problem
  • 22. Thank you!
    by Sabrina Nespeca for LT 100 Fall 2009
    22
    FIN