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DPLA Exhibitions:
Questions about copyright
Katie Fortney
@kfortney
October 1, 2014
Copyright? Isn’t everything in
DPLA in the public domain?
Well why is it on the
internet then?
I should be able to
use it ...
I. What’s protected by
copyright?
What isn’t?
Copyright expires.
• Based on publication date
• Based on when the author died
https://copyright.cornell.edu/resources/publicdomain.cfm
Public domain= forever. Mostly.
But see
• http://en.wikipedia.org
/wiki/Golan_v._Holder
• https://www.eff.org/de
eplinks/2...
What qualifies in the first place?
“…original works of authorship fixed
in any tangible medium of
expression…”*
Photos and...
Some things aren’t eligible for
protection in the first place.
• US federal government works
• Ideas
• Facts
• Insufficien...
• http://commons.wikimedia.org/wiki/Commons:Threshold_of_originality#United_States
• http://en.wikipedia.org/wiki/Threshol...
Case study:
Exact copies of public domain
works aren’t protected.
• Bridgeman Art Library case
– http://en.wikipedia.org/w...
Exact copies of
public domain works
Different approaches from different
archives
• The Getty Open Content Program
• The Co...
II. Protected by copyright,
part of DPLA:
How does that work?
http://www.deanfarr.com/viz/rights.php
Copyright law gives copyright
holders exclusive rights.
(See section 106)
But:
• They can grant permission.
• Their rights...
Creative Commons licenses
are a way to give
broad, general permission
• Require giving credit
• Author keeps copyright own...
CC BY: Attribution
Bare bones by Caroline CC BY http://www.flickr.com/photos/hills_alive/8511444405/
The NonCommercial (NC)
Restriction
• E.g.
http://creativecommons.org/licen
ses/by-nc/4.0/legalcode
• Some debate about
wha...
The No Derivative Works (ND)
Restriction
• E.g.
http://creativecommons.org/
licenses/by-nd/4.0/legalcode
• No “translation...
The ShareAlike (SA) Restriction
• E.g.
http://creativecommons.o
rg/licenses/by-
sa/4.0/legalcode
• Applies to
Adaptations,...
Different
combinations

6 licenses
Stone balancing! by Giles Turnbull CC BY-NC http://www.flickr.com/photos/gilest/132093...
Not everything in DPLA is going to
be that clear and friendly.
Fair use is flexible.
Fair use is the law.
Fair use, including for purposes such as criticism,
comment, news reporting, te...
Courts will always walk
through the 4 factors.
But there are other approaches
to help you think through it.
1. Did the use...
Copyright comes from the
Constitution.
“To promote the Progress of Science
and useful Arts, by securing for limited
Times ...
Learn more about fair use. It’s fun.
• ARL Code:
http://www.arl.org/fairuse
• List of common misunderstandings
about fair ...
III. But can *I* use it?
Clear answers are easier
for everybody.
Today streamline.
Tomorrow, balance risk and reward.
• Copyright Risk
Management in RLI 279
http://publications.arl.org/r
...
Questions?
DPLA Exhibitions:Questions about copyright
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DPLA Exhibitions: Questions about copyright

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October 2014 presentation for students in the DPLA Digital Curation Program

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DPLA Exhibitions: Questions about copyright

  1. 1. DPLA Exhibitions: Questions about copyright Katie Fortney @kfortney October 1, 2014
  2. 2. Copyright? Isn’t everything in DPLA in the public domain? Well why is it on the internet then? I should be able to use it too, right?
  3. 3. I. What’s protected by copyright? What isn’t?
  4. 4. Copyright expires. • Based on publication date • Based on when the author died
  5. 5. https://copyright.cornell.edu/resources/publicdomain.cfm
  6. 6. Public domain= forever. Mostly. But see • http://en.wikipedia.org /wiki/Golan_v._Holder • https://www.eff.org/de eplinks/2012/01/supre me-court-gets-it- wrong-golan-v-holder- public-domain-mourns
  7. 7. What qualifies in the first place? “…original works of authorship fixed in any tangible medium of expression…”* Photos and art produced by humans will almost always qualify. *You can read U.S. copyright law at www.copyright.gov/title17. That quote is from Section 102.
  8. 8. Some things aren’t eligible for protection in the first place. • US federal government works • Ideas • Facts • Insufficient authorship See sections 102 & 105
  9. 9. • http://commons.wikimedia.org/wiki/Commons:Threshold_of_originality#United_States • http://en.wikipedia.org/wiki/Threshold_of_originality Thinking about authorship and the threshold of originality
  10. 10. Case study: Exact copies of public domain works aren’t protected. • Bridgeman Art Library case – http://en.wikipedia.org/wiki/Bridgeman_A rt_Library_v._Corel_Corp. • Articles for further reading: – http://copyright.columbia.edu/copyright/2011/06/27/cop yright-museums-and-licensing-of-art-images/
  11. 11. Exact copies of public domain works Different approaches from different archives • The Getty Open Content Program • The Commons on Flickr – Smithsonian, Internet Archive, NASA, etc. • Folger Shakespeare Library (CC BY-NC-SA) • The Met’s Open Access for Scholarly Content
  12. 12. II. Protected by copyright, part of DPLA: How does that work?
  13. 13. http://www.deanfarr.com/viz/rights.php
  14. 14. Copyright law gives copyright holders exclusive rights. (See section 106) But: • They can grant permission. • Their rights have limitations.
  15. 15. Creative Commons licenses are a way to give broad, general permission • Require giving credit • Author keeps copyright ownership • Widely used (for all kinds of content) • Machine readable • Six different licenses to choose from Keys, USS Bowfin by Joseph Novak CC BY http://www.flickr.com/photos/josephleenovak/5559755789/
  16. 16. CC BY: Attribution Bare bones by Caroline CC BY http://www.flickr.com/photos/hills_alive/8511444405/
  17. 17. The NonCommercial (NC) Restriction • E.g. http://creativecommons.org/licen ses/by-nc/4.0/legalcode • Some debate about what counts as “commercial” • “not primarily intended for or directed towards commercial advantage or monetary compensation” x Money for Exchange in Currency Bank by epSos.de CC BY http://www.flickr.com/photos/epsos/8463683689/
  18. 18. The No Derivative Works (ND) Restriction • E.g. http://creativecommons.org/ licenses/by-nd/4.0/legalcode • No “translation, adaptation, derivative work,” etc. • Inclusions in collections and anthologies still allowed. Building Blocks by tiffany terry CC BY http://www.flickr.com/photos/35168673@N03/6086229920/
  19. 19. The ShareAlike (SA) Restriction • E.g. http://creativecommons.o rg/licenses/by- sa/4.0/legalcode • Applies to Adaptations, but not Collections Photo by Katie Fortney
  20. 20. Different combinations  6 licenses Stone balancing! by Giles Turnbull CC BY-NC http://www.flickr.com/photos/gilest/132093750/
  21. 21. Not everything in DPLA is going to be that clear and friendly.
  22. 22. Fair use is flexible. Fair use is the law. Fair use, including for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement. Factors to be considered include: (1) the purpose and character of your use; (2) the nature of the work you’re using (not your new work); (3) the amount/substantiality used; (4) the effect of your use on the market for the work you’re using. - see 17 U.S. Code § 107
  23. 23. Courts will always walk through the 4 factors. But there are other approaches to help you think through it. 1. Did the use “transform” the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original? 2. Was the material taken appropriate in kind and amount?
  24. 24. Copyright comes from the Constitution. “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” -Article I, Section 8, Clause 8
  25. 25. Learn more about fair use. It’s fun. • ARL Code: http://www.arl.org/fairuse • List of common misunderstandings about fair use: http://en.wikipedia.org/wiki/Fair_us e#Common_misunderstandings • ALA OITP “Fair Use Evaluator:” http://librarycopyright.net/resourc es/fairuse/ • University of Minnesota “Thinking Through Fair Use:” https://www.lib.umn.edu/copyrigh t/fairthoughts
  26. 26. III. But can *I* use it?
  27. 27. Clear answers are easier for everybody.
  28. 28. Today streamline. Tomorrow, balance risk and reward. • Copyright Risk Management in RLI 279 http://publications.arl.org/r li279/17 • OCLC “Well Intentioned Practice” documenthttp://oclc.org/r esearch/activities/rights/su pport.html • Orphan works best practices (forthcoming)
  29. 29. Questions?

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