Copyright and library digitisation
http://www.youtube.com/watch_popup?v=PSxihhBzCjk
One word: digital
“ Digital is a kind of genus term for all things composed of ones and zeroes, much in the same way that mammal means warm-...
www.flickr.com/photos/sixteenmilesofstring “… to say that you are planning to digitize some items, or that you will create...
Being digital means making copies
The technology of copying is regulated by Copyright www.flickr.com/photos/bettyx1138
 
“ Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publish...
“… For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write u...
www.flickr.com/photos/aplumb
www.flickr.com/photos/katphotos “… for the Term of fourteen Years to Commence from the Day of the First Publishing the sam...
www.flickr.com/photos/katetomlinson
www.flickr.com/photos/joelanman “… copyright in a literary, dramatic, musical, or artistic work expires at the end of the ...
When terms expire they become free  public domain www.flickr.com/photos/santioliveri
“ A free culture supports and protects creators and innovators. It does this directly by granting intellectual property ri...
www.flickr.com/photos/scobleizer “…   But it does so indirectly by limiting the reach of those rights, to guarantee that f...
Allowing this
and this
to become this
without needing permission
without needing permission
Library digitisation triggers copyright
Two things have happened
1.
UK institutions now claim their digital copies are original works
1877 photograph  ©British Library Board
1705 painting © National Portrait Gallery, London
Licence fee: up to £400
2.
Google library digitisation is now  e-book publishing www.flickr.com/photos/nruest
Google accepts digitised books are not original works
But claim the right to sell digitised orphan works
“ Printers, Booksellers, and other Persons, have of late frequently  taken the Liberty of Printing, Reprinting, and Publis...
(they’re being sued)
The outcomes
Libraries are thinking they are rights holders www.flickr.com/photos/library_mistress
Google is retailing library books www.flickr.com/photos/jonwiley
Digital e-book sales are growing
and growing
www.flickr.com/photos/sovietuk The free public domain is eroding
 
www.flickr.com/photos/sovietuk “…   To put it plainly, WMF's position has always been that faithful reproductions of two-d...
www.flickr.com/photos/sovietuk “ ...If museums and galleries not only claim copyright on reproductions, but also control t...
Cats and dogs are living together www.flickr.com/photos/pmtorrone
Cats and dogs are living together (possibly) www.flickr.com/photos/pmtorrone
Where do libraries need to live?
Charging copyright royalities? www.flickr.com/photos/library_mistress
Giving their books to Google to sell? www.flickr.com/photos/jonwiley
Redefining fair? www.flickr.com/photos/dugspr
Encouraging the free public domain? www.flickr.com/photos/santioliveri
http://makeit.digitalnz.org
“… The opposite of a free culture is a ‘permission culture’ - a culture in which creators get to create only with the perm...
Copyright and library digitisation
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Copyright and Library Digitisation

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Copyright and Library Digitisation

  1. 1. Copyright and library digitisation
  2. 2. http://www.youtube.com/watch_popup?v=PSxihhBzCjk
  3. 3. One word: digital
  4. 4. “ Digital is a kind of genus term for all things composed of ones and zeroes, much in the same way that mammal means warm-blooded and having live births...
  5. 5. www.flickr.com/photos/sixteenmilesofstring “… to say that you are planning to digitize some items, or that you will create a digital library, is somewhat like saying that you will buy your daughter a mammal for her birthday. Is it a hamster, or a Bengal tiger?” – Karen Coyle
  6. 6. Being digital means making copies
  7. 7. The technology of copying is regulated by Copyright www.flickr.com/photos/bettyx1138
  8. 9. “ Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families….
  9. 10. “… For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books…”
  10. 11. www.flickr.com/photos/aplumb
  11. 12. www.flickr.com/photos/katphotos “… for the Term of fourteen Years to Commence from the Day of the First Publishing the same, and no longer.”
  12. 13. www.flickr.com/photos/katetomlinson
  13. 14. www.flickr.com/photos/joelanman “… copyright in a literary, dramatic, musical, or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.” – NZ Copyright Act 1994
  14. 15. When terms expire they become free public domain www.flickr.com/photos/santioliveri
  15. 16. “ A free culture supports and protects creators and innovators. It does this directly by granting intellectual property rights…”
  16. 17. www.flickr.com/photos/scobleizer “… But it does so indirectly by limiting the reach of those rights, to guarantee that follow-on creators and innovators remain as free as possible from the control of the past…” – Larry Lessig
  17. 18. Allowing this
  18. 19. and this
  19. 20. to become this
  20. 21. without needing permission
  21. 22. without needing permission
  22. 23. Library digitisation triggers copyright
  23. 24. Two things have happened
  24. 25. 1.
  25. 26. UK institutions now claim their digital copies are original works
  26. 27. 1877 photograph ©British Library Board
  27. 28. 1705 painting © National Portrait Gallery, London
  28. 29. Licence fee: up to £400
  29. 30. 2.
  30. 31. Google library digitisation is now e-book publishing www.flickr.com/photos/nruest
  31. 32. Google accepts digitised books are not original works
  32. 33. But claim the right to sell digitised orphan works
  33. 34. “ Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families….
  34. 35. (they’re being sued)
  35. 36. The outcomes
  36. 37. Libraries are thinking they are rights holders www.flickr.com/photos/library_mistress
  37. 38. Google is retailing library books www.flickr.com/photos/jonwiley
  38. 39. Digital e-book sales are growing
  39. 40. and growing
  40. 41. www.flickr.com/photos/sovietuk The free public domain is eroding
  41. 43. www.flickr.com/photos/sovietuk “… To put it plainly, WMF's position has always been that faithful reproductions of two-dimensional public domain works of art are public domain, and that claims to the contrary represent an assault on the very concept of a public domain” - Wikimedia Foundation
  42. 44. www.flickr.com/photos/sovietuk “ ...If museums and galleries not only claim copyright on reproductions, but also control the access to the ability to reproduce pictures (by prohibiting photos, etc.), important historical works that are legally in the public domain can be made inaccessible to the public except through gatekeepers.” - Wikimedia Foundation
  43. 45. Cats and dogs are living together www.flickr.com/photos/pmtorrone
  44. 46. Cats and dogs are living together (possibly) www.flickr.com/photos/pmtorrone
  45. 47. Where do libraries need to live?
  46. 48. Charging copyright royalities? www.flickr.com/photos/library_mistress
  47. 49. Giving their books to Google to sell? www.flickr.com/photos/jonwiley
  48. 50. Redefining fair? www.flickr.com/photos/dugspr
  49. 51. Encouraging the free public domain? www.flickr.com/photos/santioliveri
  50. 52. http://makeit.digitalnz.org
  51. 53. “… The opposite of a free culture is a ‘permission culture’ - a culture in which creators get to create only with the permission of the powerful, or of creators from the past.” – Larry Lessig
  52. 54. Copyright and library digitisation
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