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Grateful Dead Archive Online - CIP June 2012

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Presented at Center for Intellectual Property Biennial Symposium, June 7, 2012.

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Grateful Dead Archive Online - CIP June 2012

  1. 1. Getting The Grateful Dead Archive Online: Copyright Issues and Tools for a Modern Archive Center for Intellectual Property Biennial Symposium Baltimore, MD, June 7, 2012 Katie Fortney and Sarah Lindsey, University of California Santa Cruz
  2. 2. Who are we? • Katie Fortney – recovering lawyer • Instruction Collection Development Librarian/Scholarly Communication Officer/Grateful Dead Archive IP Advisor (Copyright Ninja) • Sarah Lindsey – Rights Management Coordinator, Grateful Dead IMLS Grant Project • Had never heard the Dead jam until 6 months into the project.
  3. 3. The Physical Archive: •Photos •Posters •Fan Envelopes •Audio and Video •T-shirts •Concert Tickets •Stage Props •Backstage Passes •News Clippings •Fanzines •And more!
  4. 4. GDAO: The Grateful Dead Archive Online • Launching 6/29/12 • Over 40,000 digital objects • Virtual Exhibits • Geotagging • Timelines • User submissions
  5. 5. The Tools for the Job • LEGAL TOOLS • COPYRIGHT ANALYSIS TOOLS • USER TOOLS FOR SUBMISSIONS AND PERMISSION
  6. 6. What’s Going Online? Content types, by number of items Fan Envelopes Tickets T-Shirts Fan Art Passes Album Covers Programs Fanzines Audio files Photos Posters
  7. 7. Not That Billy Graham • Concert promoters! – Bill Graham – Chet Helms
  8. 8. The fraught background of the GDA art community Accusations, lawsuits, profits and lack thereof
  9. 9. Our License http://bit.ly/gdaocip2012
  10. 10. Deed of Gift http://bit.ly/gdaocip2012
  11. 11. Fair Use “Checklists” • “The Checklist as Roadmap: As you use the checklist and apply it to your situations, you are likely to check more than one box in each column and even check boxes across columns. Some checked boxes will favor fair use and others may oppose fair use. A key issue is whether you are acting reasonably in checking any given box, with the ultimate question being whether the cumulative weight of the factors favors or turns you away from fair use. This is not an exercise in simply checking and counting boxes. Instead, you need to consider the relative persuasive strength of the circumstances and if the overall conditions lean most convincingly for or against fair use. Because you are most familiar with your project, you are probably best positioned to evaluate the facts and make the decision.”
  12. 12. Fair Use “Checklists” Focus on the exceptions. Don’t get caught up in the repetitive details. http://bit.ly/gdaocip2012
  13. 13. Copyright Analysis Tools – Photo Collection • Testing our tools on the photograph series: • Most straight- forward overall copyright status • (Hopefully) Most receptive rights holder community.
  14. 14. Finding Photographers Where Contact Information Was Found Not Found Internet Known from GD Records Known to Publisher Archivist's Contacts American Society of Media Photographers Professional Photographers of America
  15. 15. Poster Collection • More complicated, sensitive, and more difficult to definitively identify copyright holder/status • Required item by item evaluation.
  16. 16. Burned by Copyright
  17. 17. Finding Poster Artists Where Contact Information Was Found Not Found Internet Archivist's Contacts
  18. 18. Vaults and Sundry Bill Graham 164 posters Family Dog 16 posters Grateful Dead Productions ___ posters
  19. 19. Searching Results Rate of Return Over All Not Found No Response Signed License Refused
  20. 20. Tracking tools • Spreadsheets used to track search efforts for contact information for each collection • FileMaker Pro database created with fields for address, correspondence tracking, and fields for preferred Omeka contact information
  21. 21. Copyright Status of Items Thomas E. Watson Papers In-copyright Public Domain Watson Family Undetermined Status Works-for-hire Illegible Grateful Dead Posters In-copyright Public Domain Permission: Grateful Dead Permission: Licensed Undetermined Dickson, M. (2010). Due Diligence, Futile Effort: Copyright and the Digitization of the Thomas E. Watson Papers. American Archivist, 73(2), 626-636.
  22. 22. Tools for Users http://omeka.org/
  23. 23. User submissions
  24. 24. Curation Photo: Women on Assembly Line Stamping Hams, Wisconsin Historical Images
  25. 25. Sending traffic to licensors Photo: Signs by Jimmy Hilario
  26. 26. Advice • Talk to other offices or departments • Carefully evaluate your need for a Sarah • Do things in the right order… when you can
  27. 27. Links • GDAO: http://www.gdao.org (launching 6/29) • Forms: http://bit.ly/gdaocip2012

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