Most of our books, serials, videos, music, manuscripts… So we care about copyright.
Some exceptions: e.g.,110(1) for classroom performance; 108 for library copying within very narrow circumstances, and…
-Fair Use - the most flexible and broadly used exception to exclusive rights of copyright holders. --”for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” (among other things)Balance the four factors in light of --purpose of copyright law: “to promote the progress of science and the useful arts”-can be hard to feel comfortable with if you’re not practiced at it; content owners encourage fear. But fair use is actually pretty reliable and predictable:-Barton Beebe article, 2008, analyzed 306 total cases: “in 214 (or 72.1%) of the opinions, factors one and four either both favored or both disfavored fair use. In all but one of these opinions the outcome of the fair use test followed the outcome of these two factors."
And now we have some tools to make it easier: codes of best practicesCreated by communitiesof practice, vetted by lawyers-goal: inform judges -> less likely to get sued -> increase comfort exercising rights
And now we have our own, for libraries.Opens with explanation and discussion of fair use and the code, then talks about things like e-reserves, copies for disabled students, and…
-specifically calls out VHS tapes. Can potentially apply to many things in the library.
Descriptive, rather than forward looking. Similar in main points to what we just saw.
Point of codes: persuade judges -> fewer lawsuits. But what if we DO get sued?Sovereign Immunity and 504(c)(2) make us unattractive targets for a lawsuit.If these documents, reviewed by lawyers, don’t count as “reasonable grounds” for believing these uses are fair, I don’t know what is.We have the good fortune to be at a campus and in a system where campus counsel is comfortable with exercise of fair use rights – not as common as it should be!
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
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)
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
For things covered by copyright• You need to get permission from the copyright holder – Derivative works – Distribution – Public performance Locking nothing, by Darwin Bell
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
Code of Best Practices in Fair Use for Academic and Research Libraries• arl.org/fairuse• Endorsed by library associations• 8 “Principles”
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…
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.
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
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”
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.
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
Questions? Question mark sign, by Colin_KSlide background: Ammonite, by wwarby