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- 1. Copyright Basics: What Every Library Worker Should Know Graduate School of Library and Information Science Dominican University Presented by Mary Minow, J.D., A.M.L.S. Follett Chair
- 2. • Legal information • Not legal advice! Legal Disclaimer
- 3. Agenda Introduction Penalties, Flow Chart Library Copyright Preservation, Interlibrary loan Storytimes, films … a public performance? Content you can use Protect yourself from users Next time: Hot issues – ebooks, first sale, orphan works
- 4. Introduction: Penalties Registered © owners can sue for $750-$30,000 per infringement willful up to $150,000; innocent as low as $200 17 U.S.C. §504
- 5. Introduction: Penalties Registered © owners can sue for $750-$30,000 per infringement willful up to $150,000; innocent as low as $200 $0 Staff, volunteers at libraries, nonprofit educational institution that show reasonable FAIR USE analysis 17 U.S.C. §504
- 6. Joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics. Sample cease and desist letters, explanations Chillingeffects.org Sample Cease and Desist Letters
- 7. Public Domain Fair Use Get Permission If no Specific Exception If no If no Flow Chart – May I Use Work?
- 8. Library Copyright 17 U.S.C. Sect. 108 Good bedtime reading Three pages Permits Interlibrary Loan, Preservation and Replacements Patron Photocopiers (with signage) Print Disabled Photo by purplemattfish CC BY-NC-ND 2.0 http://www.flickr.com/photos/purplemattfish/3725589228/ http://www.law.cornell.edu/uscode/text/17/108
- 9. Who is a Section 108 “Library”? Open to public 17 U.S.C. Sect. 108 (a)(2) LIBRARY COPYRIGHT LIBRARY COPYRIGHT OR Specialized nonaffiliated researchers
- 10. Know Library Rights Before Negotiating Licenses Interlibrary Loan One article or small selection *becomes property of user *no notice other than for private study, scholarship, research Entire work or substantial part same as above and *reasonable investigation shows library cannot buy copy at fair price 17 U.S.C. Sec. 108 (d) and (e)
- 11. Sheet Music Graphic Audiovisual Works May NOT Copy for ILL 17 U.S.C. Sect. 108(i)
- 12. Preservation and Replacements Can’t put on Web Unpublished: Original in your library May make 3 Copies Published: Replace Damaged, Lost, Obsolete Format Unavailable at fair price May make 3 copies
- 13. Interlibrary Loan and User Requests (1) copy must become property of user library must not have notice that it will be used other than private study, scholarship, or research and (2) library must prominently display at place orders are accepted and on order forms warning of copyright- See 37 CFR § 201.14 37 CFR 201.14 - Warnings of copyright for use by certain libraries and archives
- 14. Is Library Responsible When Users Use Our Equipment to Make Copies? 17 U.S.C. Sec. 108 (f)(1)
- 15. No, Not if NOTICE Displayed Sample wording Not responsible for unsupervised “reproducing equipment” The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is responsible for any infringement. The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is responsible for any infringement. 17 U.S.C. Sec. 108 (f)(1) copiers, printers, scanners, usb ports
- 16. Patrons with Print Disabilities Copyright specific exception (Section 121) ”Chafee amendment” Authorized entity may copy and distribute published works (except plays) Specialized format no notice of further distribution Library of Congress Fact Sheet http://www.loc.gov/nls/reference/factsheets/copyright.html 17 U.S.C. Sect. 121
- 17. http://openlibrary.org/subjects/accessible_book 2 million DAISY format books Openlibrary.org National Library Service for the Blind and Physically Handicapped (NLS) users qualify. plus 150,000 modern ebooks plus 150,000 modern ebooks 17 U.S.C. Sec. 121
- 18. Storytime, Films, Music Showing films, playing music allowed for face-to-face instruction 17 U.S.C. Sect. 110(1) Or make FAIR USE analysis Music: ASCAP / BMI/ SESAC licenses Video: Movie Licensing USA
- 19. Fair Use Likely Yes Likely No Purpose Nonprofit New purpose . + Commercial No new purpose Nature Reference, nonfiction Published + Fiction, Art Music Unpublished Amount Small amt (relative to whole original) + Complete work Heart of work Market Doesn’t hurt market of original + Hurts market or potential market of original EVALUATE Each item and use See also FAIR USE CHECKLIST http://copyright.columbia.edu/ copyright/fair-use/fair-use-checklist/
- 20. Content You Can Use REPUTABLE SOURCES http://www.nolo.com/products/the-public-domain-PUBL.html
- 21. www.openclipart.org Dedicated to public domain CC0 Public Domain Dedication
- 22. For OLD works, check to see if public domain EXPIRED www.copyright.cornell.edu/public_domain/ Peter Hirtle Chart Life + 70 years
- 26. Abide by License Terms http://creativecommons.org/licenses/by-sa/2.0/deed.en CC Creative Commons License BY Attribution NC NonCommercial SA Share Alike ND No Derivatives (no translations etc.)
- 27. http://www.flickr.com/photos/faceme/393896393/ “police officer” Photo by FaceMePLS CC BY 2.0 http://www.flickr.com/photos/facem e/393896393/
- 29. Citing Sources http://research.dom.edu/content.php?pid=441773&sid=3617282 To cite creative commons works, see http://wiki.creativecommons.org/FAQ
- 30. Library as Copyright Owner Register copyright online $35 • Protection upon creation in fixed format…. • But to get $$$ need to register, must timely register • (within 3 months of publication or before infringement begins) http://www.copyright.gov/
- 32. Charts and Tools at Stanford Fair Use fairuse.stanford.edu/
- 33. Protect yourself from users Copyright Agent Designate agent to receive complaints File simple form with Copyright Office Put agent contact info on website … Protects library from lawsuits Photo by FaceMePLS CC BY 2.0 http://www.flickr.com/photos/facem e/393896393/
- 34. Example: Dominican UniversityExample: Dominican University Has your institution filed? Check directory http://www.copyright.gov/onlinesp/list/a_agents.html $105 One page form www.copyright.gov/onlinesp
- 35. Example Website Language:Example Website Language: Hershey Community ArchivesHershey Community Archives http://www.hersheyarchives.org/legal/terms-of-use.aspx
- 36. If You Get a Takedown Request Go back to ChillingEffects.org
- 37. Review Introduction Penalties, Flow Chart Library Copyright Preservation, Interlibrary loan Storytimes, films … a public performance? Content you can use Protect yourself from users Next time: Hot issues – ebooks, first sale, orphan works
- 38. MORE INFO http://research.dom.edu/ Guide to Copyright & Fair Use
- 39. Questions? Thanks for making it to the end!
Editor's Notes
- http://www.ca.sandia.gov/casite/images/handshake.gif
- 10/09/13 http://library.gsfc.nasa.gov/AskALib/AskALib.htm
- 10/09/13 [''Pictorial, graphic, and sculptural works'' include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. ” 17 USC 101] Sheetmusic: http://erg.usgs.gov/isb/pubs/teachers-packets/exploringcaves/caves.graphics/handout4a.jpg http://www.americaslibrary.gov/assets/common/music.gif http://www.ocio.usda.gov/irm/records/images/audiovisual.gif http://grad.usda.gov/graphics/Art-LadyWateringMoney.gif
- http://www.nlm.nih.gov/exhibition/tour/roof.jpg http://www.imls.gov/images/closer/archive/hlt_l0801-2a.gif
- 10/09/13 [Interlibrary loan and patron requested copies of articles and small excerpts] (d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if-- (1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and (2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights in accordance with requirements that the Register of Copyrights shall prescribe by regulation. [Interlibrary loan and patron requested copies of entire works and substantial parts] (e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if-- (1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and (2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.
- http://preview.cpsc.gov/es/Recalls/2002/CPSC-Longwell-Electronics-Announce-Recall-of-Power-Cord-Sets-Sold-with-HP-Inkjet-Printers-/
- http://preview.cpsc.gov/es/Recalls/2002/CPSC-Longwell-Electronics-Announce-Recall-of-Power-Cord-Sets-Sold-with-HP-Inkjet-Printers-/
- http://www.loc.gov/nls/newsletters/news/2010/images/bob_roberts.jpg SEC.121. Limitations on exclusive rights: reproduction for blind or other people with disabilities"(a) Notwithstanding the provisions of sections 106 and 710, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities."(b)(1) Copies or phonorecords to which this section applies shall--"(A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities;"(B) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and"(C) include a copyright notice identifying the copyright owner and the date of the original publication."(2) The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs." (c) For purposes of this section, the term--"(1) 'authorized entity' means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities;"(2) 'blind or other persons with disabilities' means individuals who are eligible or who may qualify in accordance with the Act entitled 'An Act to provide books for the adult blind', approved March 3, 1931 (2 U.S.C. 35a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and"(3) 'specialized formats' means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities. ”. 303 Definition: nondramatic literary works.A nondramatic literary work is one that explains, describes, or narrates a particular idea, theme, or subject: it does not usually employ dialog or action to represent or give directions for representing all or a substantial portion of a story as actually occurring.
- http://libraryphoto.cr.usgs.gov/htmllib/btch545/btch545j/btch545z/pap0054c.jpg A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt.
- ”
- http://www.volpe.dot.gov/safety/images/s_card2.jpg FRIDG E SEE HIRTLE CHART Today: Life plus 70 years But many older works expired under earlier law
- Creative Commons is a non-profit corporation founded on the notion that some people may not want to exercise all of the intellectual property rights the law affords them. We believe there is an unmet demand for an easy yet reliable way to tell the world "Some rights reserved" or even "No rights reserved." Many people have long since concluded that all-out copyright doesn't help them gain the exposure and widespread distribution they want. Many entrepreneurs and artists have come to prefer relying on innovative business models rather than full-fledged copyright to secure a return on their creative investment. Still others get fulfillment from contributing to and participating in an intellectual commons. For whatever reasons, it is clear that many citizens of the Internet want to share their work -- and the power to reuse, modify, and distribute their work -- with others on generous terms. Creative Commons intends to help people express this preference for sharing by offering the world a set of licenses on our Website, at no charge. Cyberlaw and intellectual property experts James Boyle, Michael Carroll, and Lawrence Lessig, MIT computer science professor Hal Abelson, lawyer-turned-documentary filmmaker-turned-cyberlaw expert Eric Saltzman, and public domain Web publisher Eric Eldred founded Creative Commons in 2001. Fellows and students at the Berkman Center for Internet & Society at Harvard Law School helped get the project off the ground. Creative Commons is now based at and receives generous support from Stanford Law School, where we share space, staff, and inspiration with the Stanford Law School Center for Internet and Society.
- Where should we go to check on copyright status of a work? I ’ve gathered together the best tools and charts and put them on the Stanford fair use and copyright web page There you ’ll find peter’s chart, along with a new digital images rights computator, the stanford renewal database and more
- http://www.sprixi.com/i/2915423471?link=direct&size=5
- http://computing.fnal.gov/cdtracks/2011/april/images/hands_raised.jpg