Institutional Repositories, Copyright, and Incorporated Images


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Institutional Repositories, Copyright, and Incorporated Images

  1. 1. Copyright, Fair Use, and Institutional Repositories Katie Fortney Copyright Policy & Education Officer, CDL July 29, 2013 UCSB Library
  2. 2. Today: 1. Copyright: some basic framework 2. Institutional Repositories & Fair Use 3. Articles covered by an OA policy as a particular example Road by Moyan Brenn CC BY
  3. 3. 1. Copyright Copyright covers “original works of authorship fixed in any tangible medium of expression…” – 17 U.S.C. § 102 desk by Nina Hale CC BY
  4. 4. A copyright owner has an exclusive right to control: • Reproduction • Distribution • Public performance and display • The creation of derivative works – 17 U.S.C. § 106 All That Love All Those Mistakes, Thomas Hawk CC BY-NC
  5. 5. (unless an exception applies) Like: • §108 – some things libraries can do • §109 – first sale; things you can do with stuff you own • §110 – classroom performance • §107 – fair use! (more on that one later) Week 12 ~ Patterns ~ by Nina Matthews CC BY
  6. 6. Q: Who’s the copyright owner? A: The author(s).* (Unless and until ownership is transferred to someone else.**) *With works made for hire, the employer is deemed the author. **Like a publisher. Or an heir. Or a purchaser. Or a parent/successor company. Or… house for sale by owner by Images Money CC BY
  7. 7. 2. Institutional Repositories IRs “house and provide access to a variety of different kinds of material directly related to their institutions’ activities, including scholarship of faculty and graduate students as well as documentation of institutional histories.” - Code of Best Practices in Fair Use for Academic and Research Libraries
  8. 8. Most works in an IR will be protected by copyright. The IR is reproducing and distributing them. How is this okay? 1. Permission 2. Fair use Tiny & Huge by Annie Kavanagh CC BY
  9. 9. Most works in IRs are there with the permission of the copyright owner… • Faculty • Students • Staff • University • Publishers Crowd by James Cridland CC BY
  10. 10. …but some things rely on fair use. i.e., when permission for a use isn’t needed, 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**** - 17 U.S.C. § 107 Stone balancing! by Giles Turnbull CC BY-NC
  11. 11. You can also collapse those four factors as… 1. Was the use “transformative”? 2. Did it use an amount of the original appropriate to its transformative purpose? The Art of Repurposing Workshop by Artfully Unforgotten CC BY-NC
  12. 12. But that’s still not helpful for a lot of us. Enter: Codes of Best Practices in Fair Use • Common situations when communities of practice believe a use is fair Roslyn_cat by Joshin Yamada CC BY
  13. 13. The Code of Best Practices for Academic & Research Libraries was developed by librarians. • E-reserves • Preservation • Digital special collections • Web archiving • Institutional repositories • …and more -
  14. 14. Principle 6 “It is fair use for a library to receive material for its institutional repository, and make deposited works publicly available in unredacted form, including items that contain copyrighted material that is included on the basis of fair use.” organized food bank by InteliusInc CC BY-NC
  15. 15. But only if you comply with the Limitations • Make it easy for copyright owners to object, and respond promptly to their objections. • Educate authors about fair use so they can make informed choices. • Provide attribution. Path through the Dunes by William Warby CC BY
  16. 16. Optionally, you can also use the Enhancements • Have a clear policy about appropriate use of quotations, illustra tions, etc., in scholarship. • Provide advice about particular uses on request. L’s cake by fras1977 CC BY-NC
  17. 17. How much IR content will this help with? Bits of stuff included as fair use in larger works that authors are depositing, when they own the copyright in the larger work, or have permission to deposit it. Stone Wall by Randen Peterson CC BY
  18. 18. When do you need something else? • Works created for a much smaller audience (sometimes) • Whole big works (think about other fair use arguments) • Included bits where the author signed a permission agreement (probably) Collapsed railroad train bridge by US Army Corps of Engineers CC BY
  19. 19. 3. Open Access Policies Institutional OA Policies create a license in faculty articles Faculty  institution  faculty  repository (& users) Cascade by oatsy40 CC BY
  20. 20. You can only give permission for things you control. Sharing is Caring <3 by FromSandToGlass CC BY
  21. 21. Images in faculty articles affected by the OA policy might come from: • Museums • Image archives • Web searches • Others’ scholarly articles … anywhere. Some will be used with permission. Others without. The Industrial Gallery by Birmingham Museum and Art Gallery CC BY-NC
  22. 22. Images included as fair use will generally be fair use. Fair use in article as published Fair use in repository (Principle #6) Waterslide on Carnival Conquest by Calgary Reviews CC BY
  23. 23. For images used with permission… it depends. Read the image agreement OA archiving does not violate the agreement Treat like any other article – post it! OA archiving would violate the agreement Waive the policy for that article* Deposit only for dark archiving (e.g. in Merritt) MCS Book Depository by Jonathan Haeber
  24. 24. *What if the author wants to put an article in eScholarship but is worried about the included material? • Instead of getting a waiver, she or he could – Ask for new/more permission for the incorporated image – Find a different image or a version from a different source – Deposit a version of the article without the image • In any case, the policy’s license is only going to apply to what the author has written, not the images. Fresh produce at the Byward Market by Jamie McCaffrey CC BY
  25. 25. We should only rely on fair use in good faith, but we don’t have to be 100% sure. a) Sovereign immunity b) 504(c)(2): “reasonable grounds”; “employee or agent of a nonprofit educational institution, library, or archives” Suits of Armor by Chris Waits CC BY
  26. 26. Questions? Question Mark Cookies 1 by Scott McLeod CC BY