SQL Database Design For Developers at php[tek] 2024
Getting copyright frameworks for online collections
1. Getting your collections out there:
Understanding the copyright
framework around online
collections
Supported by Australian Library & Information Association (ALIA), Council of
Australian University Librarians (CAUL), National and State Libraries
Australasia (NSLA), National Library of Australia (NLA)
Ellen Broad
Executive officer | Australian Digital Alliance
Copyright adviser | Australian Libraries Copyright Committee
ebroad@nla.gov.au
2. Agenda:
9:30am Welcome and introductions
9:40am Copyright 101 (subsistence, duration, protection,
exceptions)
10:45am Morning tea
11:45am Digital copyright issues
12:30pm Close
4. In a nutshell:
“Use of a copyright work in one of the ways exclusively
reserved for the copyright holder (i.e. reproduction,
publication, communication) without their permission will
be an infringement of copyright...unless a limitation or
exception applies.”
5. What is protected?
http://fc01.deviantart.net/fs71/i/2010/017/7/1/Open_book_by_alexiel_resources.jpg
http://farm9.staticflickr.com/8446/7791686282_d9302d8abd.jpg
http://fc09.deviantart.net/fs70/f/2012/015/0/c/hearts_alexander_calder_inspired_stabile_sculpture_by_cyclops_unicorn-d4mfbc4.png
http://images.cdn.fotopedia.com/flickr-8139492153-hd.jpg
6. As well as:
• Cinematograph film
• Broadcasts
• Sound recordings
• Published editions
• Broadcasts
Are buildings protected? What about collages?
Tweets? Computer code?
8. For a copyright duration to
commence, in most cases the work
must be published
9. What is ‘publication’?
•Published (print works)
•Offered/made available for sale to the public
•Broadcast
•Performed in public
What about artistic works?
If a work is never published, when does copyright
expire?
http://upload.wikimedia.org/wikipedia/commons/a/a5/Venus_de_Milo_Louvre_Ma39
10. Who owns copyright?
Generally, the first person to set the work down in
material form. Unless:
•Created in the course of employment
•Freelance photographers
•Producers (film)
•Government
What about anonymous works? Works of joint
authorship?
11. What are the exclusive rights of the copyright
holder?
• Reproduction - copying of a work in any
format
• Publication – right to make the work public for
the first time
• Public performance
• communication – including electronic
communications
• Adaptation – i.e. translations
Technological protection measures?
12. Circumvention of Technological Protection Measures
(TPMs)
Digital ‘locks’ preventing people from using works in certain ways
and/or accessing copyright works.
Exceptions allowing the circumvention of TPMs:
Where the copyright owner permits it
Region coding (DVDs, games)
Interoperability with computer programs
Making of preservation copies
Providing works to users and other libraries under section 49 and
50
13. Moral rights
Relatively new – introduced in 2000
Not a ‘copyright right’
Inalienable rights which cannot be assigned
Include:
Attribution
Prevention of false attribution
Ensuring integrity of authorship – right to
object to mutilation, distortion, any act
prejudicial to author’s honour or reputation
16. When can you use copyright works without
the right holder’s permission?
•The material is in the “public domain”
•You are not using a “substantial portion”
•The use is in accordance with a CC or other licence
•An exception or limitation applies
17. Exceptions (extracted in hand out)
Part VA – broadcast licence
Fair Dealing for research and study Part VB –
educational
Document supply copying
Fair Dealing for reporting the news
Preservation Fair Dealing for parody and satire
Certain publication of unpublished
Reading aloud in public works
18. Preservation:
Section 51A – one copy only:
Quirk: Preservation may be undertaken…
“if the work has been held in the collection in a published
form but has been lost or stolen – for the purpose of
replacing the work”
Key cultural institutions? Can make up to three copies
19. Exceptions – private copying
Not available to organisations or institutions –
‘private and domestic use’
Time shifting - recording TV
programs or radio to watch or
listen to at another time
Format shifting - i.e. scanning
photographs to put on a CD;
converting CD to digital files***
Shifting music between devices
(‘the iPod exception’) – ‘space
shifting’
http://farm2.staticflickr.com/1346/902434710_6e
20. Consumer copying:
You can copy music from a CD to a smartphone or tablet - but
not to your smartphone and tablet
You can copy music from a CD to your tablet - but you can’t
copy a film from a DVD to your tablet
You can backup a CD or DVD to your computer, but you can't
store it privately online so you can listen to it on mobile
You can use a mobile app to record a TV show on a device
stored in your home, but not if it is recorded and stored in the
cloud
21. Exceptions – Fair Dealing
Allows use of a work for:
Research or study (s40) – with limits on amount of the
work that can be reproduced
Criticism or review (s41) – must involve analysis or
critique of the work – cannot be merely illustrative.
Parody or satire s41A) – must offer comment on the
work
Reporting of news (s42)
As well as professional legal privilege and
judicial proceedings
22. Fair Dealing for research or study (s40)
Certain quantities are ‘deemed’ fair:
Hardcopy = 10% of pages or 1 chapter
Electronic = 10 % of words or 1 chapter
Periodicals = 1 article (more than 1 if it relates to the
same research or course of study)
If you wish to copy more, or are copying an artistic work
- need to consider a number of factors to decide if it’s
fair.
23. Educational copying
Statutory Licences
Parts VA & VB Copyright Act
Part VA: License for the copying and communicating of broadcasts
(TV, radio, cable, satellite). License managed by Screenrights
Part VB: License for the copying and communication works (hard copy
& electronic) by educational institutions. License managed by the
Copyright Agency Limited
24. Part VA – broadcast material
•Allows educational institutions to copy audio-visual off-air broadcast
material which has been made available online by the broadcaster (eg
TV programs, podcasts).
• No limitations on amounts that can be copied
• Labelling requirements for copied items
• If communicated (eg by email), a copyright warning notice required
25. Part VB – literary, dramatic, musical works
•Allows educational institutions to make as many copies as needed
BUT the amount is limited:
• 10% of books and published works
•10% (or 1 chapter) of electronic literary, dramatic or musical works
Insubstantial Portions:
Educational institutions can communicate an ‘insubstantial portion’ for
free, i.e. 1%, without having to use the statutory licenses.
Does not apply to musical or artistic works, and can’t copy another
insubstantial portion from the same work within 14 days.
Must be done within institutional premises, for educational purposes.
26. Document supply and interlibrary loan
I. Libraries & archives can reproduce &
communicate articles and works to users for
‘research & study’ (s49)
II. Libraries & archives can reproduce &
communicate articles and works to another library for
inclusion in their collection; or
to supply a user under s 49. (s50)
27. A. Is the use allowed under another section of
Section 200AB – flexible the Copyright Act? Fair dealing, library and
dealing archival copying, statutory licence, consumer
exceptions, section 183
B. For the purposes of “maintaining or
operating” the library or archives? Or for
“educational instruction”?
C. Does the use meet the requirements of
s200AB? The use must:
• Not conflict with normal exploitation of
the work;
• Not unreasonably prejudice the
copyright holder; and
• Be a special case.
28. What’s left outside the
exceptions?
• Cloud computing
• Data and text mining
• Social media use of content
• Digitisation (outside of section
200AB)
• Uses involving digital locks
with no corresponding
Schedule 10A exception
• Indexing and caching http://farm4.staticflickr.com/3469/3721809183_847a705f0c.jpg
• Digital content licensing
• Web 3.0? ‘Push’ data?
32. Social media - Pinterest
“You grant Pinterest and its users a non-exclusive,
royalty-free, transferable, sublicensable, worldwide
license to use, store, display, reproduce, re-pin,
modify, create derivative works, perform, and
distribute your User Content on Pinterest solely for
the purposes of operating, developing, providing,
and using the Pinterest Products. Nothing in these
Terms shall restrict other legal rights Pinterest may
have to User Content, for example under other
licenses. We reserve the right to remove or modify
User Content for any reason, including User Content
that we believe violates these Terms or our policies.”
33. Social media
Tumblr
“When you transfer Subscriber Content to Tumblr through the Services, you
give Tumblr a non-exclusive, worldwide, royalty-free, sublicensable,
transferable right and license to use, host, store, cache, reproduce, publish,
display (publicly or otherwise), perform (publicly or otherwise), distribute,
transmit, modify, adapt (including, without limitation, in order to conform it to
the requirements of any networks, devices, services, or media through which
the Services are available), and create derivative works of (including, without
limitation, by Reblogging, as defined below), such Subscriber Content.
The rights you grant in this license are for the limited purpose of operating the
Services in accordance with their functionality, improving the Services, and
allowing Tumblr to develop new Services. The reference in this license to
"derivative works" is not intended to give Tumblr itself a right to make
substantive editorial changes or derivations, but does enable Tumblr
Subscribers to redistribute Subscriber Content from one Tumblr blog to
another in a manner that allows Subscribers to, e.g., add their own text or
other Content before or after your Subscriber Content ("Reblogging").”
34. In other words:
Tumblr
“When you upload your creations to Tumblr, you grant us a license to
make that content available in the ways you'd expect from using our
services (for example, via your blog, RSS, the Tumblr Dashboard, etc.). We
never want to do anything with your content that surprises you.
Something else worth noting: Countless Tumblr blogs have gone on to
spawn books, films, albums, brands, and more. We're thrilled to offer our
support as a platform for our creators, and we'd never claim to be entitled
to royalties or reimbursement for the success of what you've created. It's
your work, and we're proud to be a part (however small) of what you
accomplish.”
35. Social media
Facebook
“For content that is covered by intellectual property
rights, like photos and videos (IP content), you
specifically give us the following permission, subject to
your privacy and application settings: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free,
worldwide license to use any IP content that you post
on or in connection with Facebook (IP License). This IP
License ends when you delete your IP content or your
account unless your content has been shared with
others, and they have not deleted it.”
37. Example 1, licence terms of use:
“Licensee, the Institutions and Authorized Users may use the Licensed Materials for purposes of research, education or other non-commercial use as
follows:
Display. Licensee, the Institutions and Authorized Users shall have the right to electronically display the Licensed Materials.
Digitally Copy. Licensee, the Institutions and Authorized Users may download and digitally copy a Reasonable Amount of the Licensed Materials.
Print Copy. Licensee, the Institutions and Authorized Users may print a Reasonable Amount of the Licensed Materials.
Recover Copying Costs. Licensee and the Institutions may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials
for Authorized Users.
Course Packs. Licensee, the Institutions and Authorized Users may use a Reasonable Amount of the Licensed Materials in the preparation of Course
Packs or other educational materials.
Electronic Reserve. Licensee, the Institutions and Authorized Users may use a Reasonable Amount of the Licensed Materials for use in connection
with specific courses of instruction offered by Licensee.
Analysis. Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research
purposes, including but not limited to extraction and manipulation of information for the purposes of illustration, explanation, example, comment,
criticism, teaching, research, or analysis.
Scholarly Sharing. Authorized Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of the
Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial
purposes. In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials
in the Authorized User’s own scientific, scholarly and educational works.
Inter-Library Loan (“ILL”). The Institutions shall be permitted to use Reasonable Amounts of the Licensed Materials to fulfill occasional requests from
other, non participating institutions, a practice commonly called Inter-Library Loan. Customer agrees to fulfill such requests in compliance with
Section 108 of the United States Copyright Law (17 USC §108, “Limitations on exclusive rights: Reproduction by libraries and archives”) and the
Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works
(CONTU).”
38. Example 2, licence terms of use:
“(a) You, subject to clause 4 below, may:
(i) Allow Authorised Users to have access to the Work from the Publisher's Server
via the Secure Network;
(ii) Access, search and view the Work for the purpose of internal marketing or
testing or for training Authorised Users or groups of Authorised Users.
(b) Authorised Users may, subject to clause 4 below:
(i) Access, search and view the Work for personal use only;
(ii) copy and paste one chapter of each title in the collection in question, or up to
5% of the pages from the total collection, whichever is the greater, for personal
use only, during any given four-week period, unless otherwise stated in a
collection;
(iii) make printed copies of one chapter or up to 20% of the pages from the total
collection, whichever is greater, for personal use, during any given four-week
period, unless otherwise stated in a collection.
(c) Nothing in this Agreement shall in any way exclude, modify or affect any of Your
statutory rights under applicable copyright law.”
40. Misuse of CC-licensed images
Image CC-licence non-commercial, by Trey Radcliff http://stuckincustoms.smugmug.com/Other/Reviews-
1/22214446_bJbgcQ#!i=2333724989&k=63K74xh&lb=1&s=M
41. Data and text mining
• Mapping the Republic of Letters
• London lives
42. Digitisation checklist
• Is the work in copyright?
• Is there an exception which
might apply?
– Section 200AB
• Is there a TPM attached to the
content?
• Can you provide attribution?
43. Building a lasting relationship
Moral rights
Creative commons
Acquisition/Deposit agreements
44. Licence your own copyright material under
creative commons
Encouraging copyright owners to
allow others to share, remix and reuse
their material legally.
Attribution
CC BY
Attribution-Share Alike
CC BY-SA
Attribution-No Derivative Works
CC BY-ND
Attribution-Noncommercial
CC BY-NC
45. Acquisition/deposit agreements
• Seeking permissions
• Develop a template for permitted uses of
copyright materials
• i.e. Series of tick boxes for the copyright
holder listing permitted uses of material:
publication online, use in catalogue,
marketing materials, etc
• See template provided
47. Any last words?
Thank you
Ellen Broad
E: ebroad@nla.gov.au
T: (02) 6262 1273
http://fc04.deviantart.net/fs70/i/2011/123/2/
4/alexander_ii_on_his_deathbed_by_kraljal
eksandar-d3fhd1i.jpg
Editor's Notes
Buildings, yes – but exception in the copyright act which enables you to take photographs
Remember, use common sense – difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
Remember, use common sense – difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
