Presentation to Adobe Fellows. August 2019.

1. Copyright & Fair Use for Digital Projects
The Library’s
Office of Scholarly Communication Services:
Rights Literacies
for Digital Project Authors
Rachael Samberg
Tim Vollmer
22 August 2019

2. What do we
cover?
● Copyright
● Authors’ Rights
● Information Policy
● Publishing
● Open Access
● Research Impact

3. Services
● Individual support
● In-person instruction
● Presentations and
workshops
● Customized support and
training for departments
& disciplines
● Online guidance

4. Rights Literacies in Digital Projects
Contracts
Privacy
Copyright
Ethics &
Policy

5. 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

6. Copyright
E.g. California agricultural production
https://www.cdfa.ca.gov/statistics/
Grapefruit Orchard in San Diego, 1928
http://www.oac.cdlib.org/ark:/13030/k
t4x0nc478/?order=1

7. Building on earlier work
Ho attraversato tutta la città.
Poi ho salita un'erta,
popolosa in principio, in là
deserta,
chiusa da un muricciolo:
I traversed the whole city.
Then climbed a hill
crowded at first, in the end
deserted,
closed off by a little wall:
Trieste, Umberto Saba, 1910 Trieste, trans. A.S. Kline, 2012

8. Website, Archives, Database,
Other Agreements
“If you intend to
quote extensive
amounts of text, use
other original
content, or
reproduce images
from this site,
please contact us
for permission.”
https://www.hrc.utexas.edu/policies/use/

9. Permissions
Policies
“I understand that permission
to publish, or otherwise
publicly use, materials . . .
must be [granted by library]
I understand further that the
University makes no
representation that it is the
owner of the copyright... and
that permission to publish must
also be obtained from the owner
of the copyright.”

10. Database
Agreements
Challenges:
- Terms
- Visibility

11. Privacy
● © protects copyright
holders' property rights
● Exception for consent /
public spaces
● Exception for
“newsworthiness” or
public interest
● Expire at death
Photo by Roman Kraft on
Unsplash

12. Rights of Publicity
● Right to control commercial
use of identity
● Survive death
● Usually applicable only if
commercial use

13. Ethics
● International protections for
indigenous knowledge, but not
much in terms of U.S law
(except NAGPRA)
● Faculty set tone:
○ Community dialogue and
relationships
○ Professional/disciplinary
norms and standards
○ Consult with advisors Photo by Danurwendho Adyakusuma
on Unsplash

14. Students are
authors!

15. They have
decisions to make
& rights to protect.
● Joint authorship
● Licensing (e.g.
Creative Commons)
● Registration

16. Copyright & Fair Use for Digital Projects
THANK YOU!
Let’s talk more…
E-mail:
schol-comm@berkeley.edu
Twitter: @UCB_scholcomm