Copyright and Library Digitisation
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Copyright and Library Digitisation

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  • 1. Copyright and library digitisation
  • 2. http://www.youtube.com/watch_popup?v=PSxihhBzCjk
  • 3. One word: digital
  • 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. 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. Being digital means making copies
  • 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….
  • 10. “… For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books…”
  • 11. www.flickr.com/photos/aplumb
  • 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.”
  • 13. www.flickr.com/photos/katetomlinson
  • 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
  • 15. When terms expire they become free public domain www.flickr.com/photos/santioliveri
  • 16. “ A free culture supports and protects creators and innovators. It does this directly by granting intellectual property rights…”
  • 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
  • 18. Allowing this
  • 19. and this
  • 20. to become this
  • 21. without needing permission
  • 22. without needing permission
  • 23. Library digitisation triggers copyright
  • 24. Two things have happened
  • 25. 1.
  • 26. UK institutions now claim their digital copies are original works
  • 27. 1877 photograph ©British Library Board
  • 28. 1705 painting © National Portrait Gallery, London
  • 29. Licence fee: up to £400
  • 30. 2.
  • 31. Google library digitisation is now e-book publishing www.flickr.com/photos/nruest
  • 32. Google accepts digitised books are not original works
  • 33. But claim the right to sell digitised orphan works
  • 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….
  • 35. (they’re being sued)
  • 36. The outcomes
  • 37. Libraries are thinking they are rights holders www.flickr.com/photos/library_mistress
  • 38. Google is retailing library books www.flickr.com/photos/jonwiley
  • 39. Digital e-book sales are growing
  • 40. and growing
  • 41. www.flickr.com/photos/sovietuk The free public domain is eroding
  • 42.  
  • 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
  • 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
  • 45. Cats and dogs are living together www.flickr.com/photos/pmtorrone
  • 46. Cats and dogs are living together (possibly) www.flickr.com/photos/pmtorrone
  • 47. Where do libraries need to live?
  • 48. Charging copyright royalities? www.flickr.com/photos/library_mistress
  • 49. Giving their books to Google to sell? www.flickr.com/photos/jonwiley
  • 50. Redefining fair? www.flickr.com/photos/dugspr
  • 51. Encouraging the free public domain? www.flickr.com/photos/santioliveri
  • 52. http://makeit.digitalnz.org
  • 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
  • 54. Copyright and library digitisation