Pope technology and copyright


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Pope technology and copyright

  1. 1. Copyright, Technology, and the Library by Jon C. Pope jon.pope@eagles.usm.edu
  2. 2. What is copyright?  Copyright is legal protection, granted to authors and artists. It provides them sole ownership of their works for a specified amount of time. The Copyright Clause, U.S. Constitution Article 1, Section 8, Clause 8 The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. LIS 557: Computer Applications in Libraries 2 1/9/2011
  3. 3. Copyright and Libraries Libraries are in a unique position when it comes to copyright. They are basically in the business of giving away, hand over fist, the intellectual content of works without providing any further remuneration to the works’ creators! Pictured Above: Intellectual thievery in progress LIS 557: Computer Applications in Libraries 3 1/9/2011
  4. 4. Copyright and Libraries  Libraries are allowed to loan out books freely to unlimited patrons through something called the first-sale doctrine, the same doctrine that allows you to sell your complete Hardy Boys collection for a tidy sum at your garage sale without violating copyright.  On the other hand, libraries are not allowed to create new copies of the copyrighted Mint condition first editions, you say? I’ll give you . . . a dollar. As works they own. long as that Franklin Dixon feller ain’t getting a cent of it! LIS 557: Computer Applications in Libraries 4 1/9/2011
  5. 5. Where does technology fit in? Though codified in legal statutes since 1709, copyright had little impact on the day-to-day work of librarians until the 1960s. Whoa, man. Think less psychedelic, more technological: Photocopiers began to appear in That’s right. In another couple libraries, making the reproduction of copyrighted of years I’ll have my own copy works suddenly much faster, easier, and more of the Twilight books . . . without spending a dime! Mwah-hah! accurate than ever before. LIS 557: Computer Applications in Libraries 5 1/9/2011
  6. 6. Welcome to the Future Photocopiers proved to be just the beginning of a technological snowball. Consider how these technologies and formats have made it increasingly more difficult to protect the contents of copyrighted work:  Cassette tapes  Printers  Videocassettes  CD/DVD burners  Scanners  Online content  Software  Research databases LIS 557: Computer Applications in Libraries 6 1/9/2011
  7. 7. Where do libraries fit in here?  Libraries are where the public and the proprietary meet.  Libraries are large-scale purchasers and preservers of books.  Libraries are the disseminators of public knowledge via the first-sale doctrine. LIS 557: Computer Applications in Libraries 7 1/9/2011
  8. 8. Are librarians the copyright police? No, not exactly. But librarians should understand the basics of copyright and how it affects the library. For instance, libraries are not liable for patron copying as long as the library posts the following notice, in at least 18- point font size, by the copier: NOTICE: THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17 U.S. CODE) GOVERNS THEMAKING OF PHOTOCOPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. THE PERSON USING THIS You! By the copy EQUIPMENT IS LIABLE FOR ANY machine! FREEZE!! INFRINGEMENT. LIS 557: Computer Applications in Libraries 8 1/9/2011
  9. 9. Clearing Up Copyright Misconceptions  Copyright Notice. Works do not have to display a copyright notice to be protected!  Fair Use vs. Free Use. Just because no profit is being made does not mean that copyright is not being violated. Fair use applies to a very circumscribed set of circumstances. Most other uses are violations.  The Internet. Despite the easy accessibility of materials on the Internet, all works posted online are protected by copyright just as are printed materials. Copy and pasting doesn’t change the law; it just makes it easier to break! LIS 557: Computer Applications in Libraries 9 1/9/2011
  10. 10. Test yourself. Infringement or not?  Your youth services librarian has a cherished audiotape anthology of storytime music. Fearing that the tape will wear out before long, she makes a copy of the tape on CD and begins using that during storytime. Infringement? Tricky, but probably not. Exceptions are made for libraries to make copies of works they own that are on obsolete and deteriorating media. LIS 557: Computer Applications in Libraries 10 1/9/2011
  11. 11. Test yourself. Infringement or not?  In celebration of your town’s centennial, you make copies of a 1917 pamphlet about your then-fledgling community. In fact, you make enough copies to distribute to every patron. Infringement? No. At 94 years old, the pamphlet has passed from copyright protection into the public domain. Anyone may use it and may even profit from it. LIS 557: Computer Applications in Libraries 11 1/9/2011
  12. 12. Test yourself. Infringement or not?  Happy with the patron response to a particular software package that your library has purchased, your IT team installs the software on several more computers. Infringement? Depends. When your library purchased the software, it also purchased a license detailing how many copies it could use. Installing more copies than this is a definite violation. LIS 557: Computer Applications in Libraries 12 1/9/2011
  13. 13. Test yourself. Infringement or not?  Your library does not subscribe to Studies in Fiction, but you have had several requests from patrons for articles from this journal. In response, you have requested photocopies of eight or nine articles over the past ten months. Infringement? Most likely. Generally, libraries can request no more than five articles a year from a journal to which they do not subscribe. Beyond that, they must pay royalties. LIS 557: Computer Applications in Libraries 13 1/9/2011
  14. 14. Confused Yet? As complex as copyright is, it is only going to get more complicated as technology continues to change the relationships among producers, distributors, and consumers of artistic and literary works. Librarians must keep up with these changes for the sake of their libraries and their patrons. If your library does not already provide ongoing training in copyright issues, Why didn’t I just go to med petition your management to begin doing so. school like Mama wanted? Memorizing 208 bones has got to be easier than this! In the meantime, visit: ALA General Copyright Page
  15. 15. Thanks so much for your time and attention. Are there any questions or comments? Yes! When are the refreshments being served?!?