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06.12.17 Copyright Workflows for Work with Visual Resources

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Presentation to CaVraCon (Visual Resources Association Conference) re: copyright workflows for work with visual resources, such as photographs, paintings, images, and associated metadata.

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06.12.17 Copyright Workflows for Work with Visual Resources

  1. 1. COPYRIGHT WORKFLOWS Rachael G. Samberg, J.D., M.L.I.S. @rach_scholcomm For work with visual resources
  2. 2. Today ▪ Why are we talking about this? ▪ Copyright overview ▪ Workflow for visual resources ▪ Testing the workflow with use cases
  3. 3. Why are we talking about this? Van Gogh, Irises, 1889. Getty Museum Stile Arte, 2011. http://www.stilearte.it/dipingere-come- van-gogh-tanti-tutorial/
  4. 4. But, can’t I just cite the source? Dan4thNicholas, CC-BY, h2ps://flic.kr/p/8PEZiG Sakaki0214, CC-BY-NC-ND, h2ps://flic.kr/p/9jykF1 Attribution Permission
  5. 5. What is copyright? Exclusive rights to make certain uses for limited period of time
  6. 6. Reward of Exclusive Rights ▪ Reproduction ▪ Derivative works ▪ Distribution ▪ Public performance ▪ Public display
  7. 7. …for limited periods of time Varies, but at least author’s life + 70 years Within “protected” period, author’s permission needed to reproduce, display, perform, etc.
  8. 8. A Few Other © Prerequisites By Rachael G. Samberg Protects expressions, not ideas or facts Must be original, authored, and fixed 74.3 × 94.3 cm “I’d like to paint irises with oil paint.” http://www.getty.edu/art/collection/objects/ 826/vincent-van-gogh-irises-dutch-1889/
  9. 9. Copyright & Underlying Work By Rachael G. Samberg
  10. 10. Works in Public Domain §  Works by U.S. Federal gov’t §  Works whose © has expired https://commons.wikimedia.org/wiki/ File:Britannica_Shakespeare_Droeshout_Engraving.jpg
  11. 11. Other Limitations Statutory exemptions •  Undertake exclusive rights without obtaining permission and without payment of license fee
  12. 12. Statutory Exemption: Fair Use 1. Purpose & character of use (commercial purposes less likely fair than nonprofit educational; whether use is “transformative” often dominates) 2. Nature of copyrighted work (more likely fair if you’re using factual/ scholarly work) 3. Amount and substantiality (size & importance of portion used in relation to whole) 4. Effect on potential market (less likely fair if use is substitute for purchasing original)By Rachael G. Samberg
  13. 13. Is use fair? ▪ All four factors ▪ No 10% rule ▪ Always fair to link to lawful
  14. 14. Still in © and use exceeds fair? ▪ You need permission ▫ Permission = license applied by copyright holder ▫ Can be pre-applied
  15. 15. Working through it By Rachael G. Samberg
  16. 16. Workflow 1: Do you need permission? Has a license already been granted? Is the work in the public domain? Would publishing the content be fair use? If yes to any, go to Step 3. 2: Seek permission if needed Research who holds copyright & send request. Keep records for your files Ensure permission covers all intended uses 3: Address non © policy concerns Contractual or terms of service restrictions from archives, databases, or websites? Concerns about rights of privacy or publicity? Should you register your copyright? Do you want to & can you license the use of your work? 4: How do you want to share?
  17. 17. 1: Do you need permission? Has a license already been granted? Is the work in the public domain? Would publishing the content be fair use? If yes to any, go to Step 3.
  18. 18. Applying Step 1: Dig into Purpose Analysis of web design The photo itself George Georgiou, http://www.georgegeorgiou.net/projects.php
  19. 19. Applying Step 1 By Aphelpsmd - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=47336939 https://commons.wikimedia.org/wiki/File:Acide_sulfurique_semi_dev.png
  20. 20. Observation You have a right to make fair uses. Asserting the right involves judgment and some risk analysis.
  21. 21. 2: Seek permission if needed Research who holds copyright & send request. Keep records for your files Ensure permission covers all intended uses
  22. 22. •  Archives might have info •  Could also try searching registrations Finding Rights Holders
  23. 23. 3: Address non © policy concerns Contractual or terms of service restrictions from archives, databases, or websites? Concerns about rights of privacy or publicity?
  24. 24. Contractual Limitations
  25. 25. Rights of Privacy ▪ © protects copyright holders' property rights ▪ But privacy protects people who are subjects of works  ▪ Vary by state ▪ Expire at death ▪ Newsworthiness and permission are defenses
  26. 26. http://www.oac.cdlib.org/findaid/ark:/13030/kt087022kf Tom (William S.) Photographs ONE National Gay & Lesbian Archives
  27. 27. Rights of Publicity ▪ Right to control commercial use of identity ▪ Survive death ▪ Usually applicable only if commercial use
  28. 28. Should you register your copyright? Do you want to & can you license the use of your work? 4: How do you want to share?
  29. 29. If they liked it then they should have put registration on it? •  Copyright attaches upon work being fixed •  Registration not required •  But it has advantages
  30. 30. Encourage scholarship, innovation, criticism, etc.? Preclude reuse beyond fair uses? TLG® materials are copyrighted and are not in the public domain. You may browse and search the TLG Canon and textual corpus and online LSJ on this site but you may not download them. http://www.tlg.uci.edu/copyright/index.php How should others use your new work?
  31. 31. Use Cases & Analysis
  32. 32. You have the right to make fair uses. Relying on it involves making judgments. Terms of use restrictions (or contracts) can affect uses that otherwise would be fair.
  33. 33. Use Case #1 ▪  Faculty member acquired slides of buildings, people, events, etc. shot in Egypt between 1969 and 1980.  ▪  Purchased at U.S. garage sale, photographer unknown.  ▪  Can they be digitized & shared? ▪  What kind of rights statement should be used?
  34. 34. Use Case #2 ▪  An historical architectural society has member’s 35mm slide collection. ▪  What can society do w/r/t digitizing & sharing if in ©? ▪  If they didn’t obtain copyright transfer in gift agreement, and photographer has since passed away, do they need permission from estate?
  35. 35. Use Case #3 ▪ Society from Use Case 2 wants to use slides in documentary it plans to screen at event for which it will charge admission. ▪ Reached out to estate, but no response. ▪ Can it use images in way that is fair if charging admission? ▪ How does a fee affect determination of “commercial vs. nonprofit educational use” for fair use factor 1?
  36. 36. Use Case #4 ▪ A British Museum digitized image should be in public domain, but website terms apply CC-BY-NC-SA license. (RightsStatement.org would be clearer) ▪ Can academic department use it on its website or in promotional materials without permission? CC-BY-NC-SA 4.0 British Museum. Print by Farrell, circa 1897-1922.
  37. 37. Get the flow http://guides.lib.berkeley.edu/ copyright_digitalprojects Thanks! @rach_scholcomm

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