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Fair Use and Digitization of At-Risk Items

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Fair Use and Digitization of At-Risk Items

  1. 1. Copyright, Fair Use, andDigitizationof At-Risk FormatsKatie FortneyJune 14, 2012
  2. 2. In just 20 minutes…• Copyright• Fair Use• Codes of Best Practices – The ARL Code • “Digitizing to Preserve At- Risk Items” – Fair Use and Video Country Mile, by Nicholas_T
  3. 3. Q: What does copyright cover?• “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” – 17 U.S.C. § 102 (Copyright Act of 1976)
  4. 4. A: Most things in the library.• With some exceptions – Really old stuff – Federal Government works – Other things I can tell you about later if you’re really curious The best days are not planned, by Marcus Hansson
  5. 5. For things covered by copyright• You need to get permission from the copyright holder – Derivative works – Distribution – Public performance Locking nothing, by Darwin Bell
  6. 6. So what’s Fair Use?• When you , based on a carefully weighed analysis of four factors: – Purpose of the Use – Nature of the work being copied – Amount of the copyrighted work being used – Effect on the market Rock balancing, by pie4dan
  7. 7. Making Fair Use Easier
  8. 8. Code of Best Practices in Fair Use for Academic and Research Libraries• arl.org/fairuse• Endorsed by library associations• 8 “Principles”
  9. 9. Principle 3: Digitizing to Preserve At- Risk Items• “It is fair use to make digital copies of collection items that are likely to deteriorate, or that exist only in difficult-to-access formats, for purposes of preservation, and to make those copies available as surrogates for fragile or otherwise inaccessible materials.” – But…
  10. 10. Limitations• Not if a fully equivalent digital copy is commercially available at a reasonable cost.• Don’t circulate both the original and the new one.• Only loan to “authenticated members of a library’s patron community.”• Provide full attribution.
  11. 11. Enhancements (Optional)• Take steps to limit downstream copying.• Provide a way for copyright owners to object, like an e-mail address. Macro Mondays – Easter, by melloveschallah
  12. 12. Community Practices in the Fair Use of Video in Libraries • “a recommended body of practice in the fair use of video for educational purposes” • 5 “Illustrative Cases”
  13. 13. Case 1: Replacing Damaged or Lost Videos• Including “proactive preservation”• First, check the marketplace to purchase the title in the newer format if available at a reasonable price.• Use the copy the way the original was used.• Make copies as necessary/on request – no “wholesale copying” of a collection.
  14. 14. So what else have we got?• Sovereign immunity• 504(c)(2): “reasonable grounds”; “employee or agent of a nonprofit educational institution, library, or archives” Knight, by Walt Stoneburner
  15. 15. Questions? Question mark sign, by Colin_KSlide background: Ammonite, by wwarby

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