The document discusses copyright issues in digital libraries. It begins with an outline of topics to be covered, including how digital environments present new challenges for controlling copyright and limitations to copying works. Several landmark copyright cases are summarized, such as Salinger vs. Random House regarding unpublished letters. The document also discusses what can legally be digitized by libraries, such as works in the public domain, and exceptions like fair use. Overall, the document examines copyright issues that libraries face with digitization projects in light of an increasingly digital environment.
lecture presented by Fe Angela M. Verzosa at PAARL's National Summer on the theme: Planning, Developing and Managing Digitization & Research Projects for Libraries and Information Centers, held on April 18-20, 2012, at the Function Hall of Tourism Center, Coron, Palawan.
So you want to hear more information about this thing they call “cloud computing,” huh? Well many companies are moving business information and computing into a cloud environment, should law firms be there too? This ABA TechShow presentation covers some basic cloud computing concepts and certain risks and concerns that lawyers should consider before moving their law practice into the cloud.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
Library generally means a place where several types of resources are stored in an organised way and made accessible to the community for reference or borrowing. A library can store resources in various formats like the earliest form which used clay tablets in the Sumerian civilisation at 2600 B.C. or as written books in the classical Greece period in the 5th century. After Gutenberg it changed to printed form like books, periodicals, newspapers, maps, prints, documents, manuscripts etc. to modern formats which includes microforms, cassettes, videotapes, films, CDs, DVDs, Blu-ray discs, e-books, audiobooks, databases and much more. Nowadays all library resources are available totally in the electronic mechanism
called digital content. Here we are going to discuss the creation, store, handle, and use the digital contents/objects.
lecture presented by Fe Angela M. Verzosa at PAARL's National Summer on the theme: Planning, Developing and Managing Digitization & Research Projects for Libraries and Information Centers, held on April 18-20, 2012, at the Function Hall of Tourism Center, Coron, Palawan.
So you want to hear more information about this thing they call “cloud computing,” huh? Well many companies are moving business information and computing into a cloud environment, should law firms be there too? This ABA TechShow presentation covers some basic cloud computing concepts and certain risks and concerns that lawyers should consider before moving their law practice into the cloud.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
Library generally means a place where several types of resources are stored in an organised way and made accessible to the community for reference or borrowing. A library can store resources in various formats like the earliest form which used clay tablets in the Sumerian civilisation at 2600 B.C. or as written books in the classical Greece period in the 5th century. After Gutenberg it changed to printed form like books, periodicals, newspapers, maps, prints, documents, manuscripts etc. to modern formats which includes microforms, cassettes, videotapes, films, CDs, DVDs, Blu-ray discs, e-books, audiobooks, databases and much more. Nowadays all library resources are available totally in the electronic mechanism
called digital content. Here we are going to discuss the creation, store, handle, and use the digital contents/objects.
'Introduction to the concept of Open Access and Digital Preservation'dri_ireland
A presentation given by Dr Deborah Thorpe, DRI Education and Outreach Manager, in a session entitled 'Introducing the Arts and Culture in Education Research Repository' (15 May 2020). This session was part of the NUI Galway Open Scholarship Week (11-15 May 2020).
For libraries and museums, the best option to digitize is to seek the support of a reliable document scanning company that can ensure excellent output.
Professional Forum:
Eleanor Fink, American Art Collaborative, USA, Shane Richey, Crystal Bridges Museum of American Art, USA, Jeremy Tubbs, Indianapolis Museum of Art, USA, Rebecca Menendez, Autry Museum of the American West, USA, Cathryn Goodwin, Princeton University, USA
Last year the Andrew W. Mellon Foundation awarded a planning grant to the American Art Collaborative (AAC), a consortium of thirteen U.S. museums who have come together to learn about and implement LOD within their respective museums. Under the grant AAC developed a road map for the Initiative that will test LOD reconciliation issues, develop production and reconciliation tools, and result in the publication of American art holdings as LOD for researchers, educators, general public, aggregators such as DPLA, ResearchSpace, and digital application developers. The road map also includes publication of best practices and guidelines to share with the broader museum community.
In September 2015, AAC member Crystal Bridges Museum of American Art received on behalf of AAC, an IMLS National leadership grant and plans for additional grants are underway. These grants are allowing AAC to convert data to LOD using the CIDOC CRM, link to the Getty Vocabularies as well as contribute missing names to enhance the vocabularies, and implement an API and reader compliant with the International Image Interoperability Framework (IIIF) that will allow researchers to compare and contrast AAC LOD. Several open source tools including a link curation tool and IIIF/CRM translator will be developed and made available for other museums. AAC is developing its LOD under a federated model whereby each AAC member assumes responsibility for updating and maintaining its own data.
The session will bring together representatives from large as well as small AAC partners to discuss the benefits of LOD, some of the lessons learned and challenging documentation issues AAC is facing.
Bibliography:
American Alliance of Museums (Museum July/August 2016 Beyond the Hyperlink: Linked Open Data creates new opportunities;
http://www.club-innovation-culture.fr/emmanuelle-delmas-glass-yale-center-for-british-art-si-les-musees-ne-choisissent-pas-lopen-content-ils-deviendront-invisibles-et-inutiles/
Caroline McGee - Atlantic Archives Project, DRI Members Forum June 2018dri_ireland
Presentation given by Dr Caroline McGee, project lead on Atlantic Philanthropies Archives Project, at DRI Members Forum June 2018. The Atlantic Archives project will create a series of digital collections that will showcase the work of Atlantic's Irish grantees in the fields of human rights, education, and community social change projects across the island of Ireland since 1982.
Lecture to the Ocean Teacher Global Academy course on Research Data Management in November 2015. Topics covered include the history of data formats in marine data management; introduction to the Semantic Web and Linked Data; current state of the art in Linked Ocean Data; and future research directions in Linked Data and Big Data combinations.
Making the Black Hole Gray: Implementing the Web Archiving of Specialist Art ...The Frick Collection
Report on the New York Art Resources Consortium's investigation into web archiving born-digital art research materials.
Presented at the Archive-It Partner Meeting, Salt Lake CIty, Utah, November 12, 2013
Hindi Essays For Students. 100 Best Motivational Quotes In Hindi For Students...Monique Bae
Hindi essays in hindi language for students in 2021 Essay examples .... मेर स्कूल पर नबंध - My School Essay in Hindi Language for School Students. Online Education Essay In Hindi. Shiksha Ka Adhikar शक्ष क अधकर Hindi Essay 500 Words, Best Essay .... Hindi Essay. education-essay-in-hindi - HindiKiDuniyacom. Descriptive essay: Hindi essay website. Hindi Essay on quot;Vyayam ke Labh quot;, quot;व्ययम के लभ quot; for Students .... 100 Best Motivational Quotes In Hindi For Students 2020. छत्रपयग हन्द नबन्ध - Student Useful Hindi Essay. Essay Writing in Hindi Descriptive Paper आप से अच्छ Essay खुद नबंधकर भ नहं लख सकत. Hindi Essay Writing - Các ứng dụng dành cho Android trên Google Play. Language Hindi Essay Writing-Anuched Lekhan-06 Creative writing .... List Of Topics For Essay Writing In Hindi Telegraph. College Essay Examples: Essay in hindi language. Expository essay: Hindi language essays. Pin by S KT on sample essay letters Sample essay, Hindi language .... Essay in hindi - YouTube. Essay in hindi. पर्यवरण पर नबंध. 2019-03-03. Hindi essay topics for class 10. My School. 2019-02-07. Unique Essay On Discipline In Student Life Hindi Thatsnotus. How To Write Essay On My School In Hindi Sitedoct.org. 9 Hindi essays ideas in 2021 thoughts quotes, essay, knowledge quotes. Essay On My School In Hindi मेर वद्यलय हंद नबंध Essay on my school for all students.. भरत इंडय पर नबंध - India Essay in Hindi Language - Bharat par Nibandh. ️ Hindi essay topics for class 10. Free Essays on Hindi Nibandh For .... School Essay: School essay hindi. Hindi essays for class 7. CBSE Sample Papers for Class 7 Hindi. 2019 .... Free online essay in hindi language. write on essay in my school in Hindi !! मेर स्कूल नबंध 10 लइन essay .... Hindi language-Essay writing-class 3-16/07/2020 - Yo
Hello islandora building a digital repository nov 30, 2016 v6eohallor
Hosted at The New York Academy of Medicine on November 30, 2016.
Morning Session: Developing Islandora Digital Collections (Panel)
This panel discussion will explore multiple uses and implementations of Islandora, an open source digital repository framework. Panelists will describe their digital projects, how Islandora was utilized and their overall experience.
Afternoon Session: Islandora Demonstration (Hands-on)
Islandora is an OAIS adherent and open source digital repository framework. It combines the Drupal CMS and Fedora Commons repository software, together with additional open source applications, the framework delivers a wide range of functionality out of the box.
This Islandora demonstration will provide users with an overview of how to ingest content, configure the discovery layer and restrict access to content.
presented at the International Conference on Challenges in Preserving and Managing Cultural Heritage Resources, held on 2005 October 19-21 at the Institute of Social Order, Ateneo de Manila University, Quezon City, Philippines
An Introduction to digital preservation at the Library of Congresslljohnston
Introduction to digital preservation initiatives at the Library of Congress and the National Digital Information Infrastructure and Preservation Program
Shaping our Future: Digitization Partnerships Across Libraries, Archives and ...UBC Library
Presentation by Ingrid Parent at the National Diet Library in Tokyo, Japan, Dec. 2, 2010.
Shaping our Future: Digitization Partnerships Across Libraries, Archives and Museums
Digitised collections offer a wealth of resources for improving a wide variety of literacies that promote critical thinking skills, instruction and curriculum enhancements.
'Introduction to the concept of Open Access and Digital Preservation'dri_ireland
A presentation given by Dr Deborah Thorpe, DRI Education and Outreach Manager, in a session entitled 'Introducing the Arts and Culture in Education Research Repository' (15 May 2020). This session was part of the NUI Galway Open Scholarship Week (11-15 May 2020).
For libraries and museums, the best option to digitize is to seek the support of a reliable document scanning company that can ensure excellent output.
Professional Forum:
Eleanor Fink, American Art Collaborative, USA, Shane Richey, Crystal Bridges Museum of American Art, USA, Jeremy Tubbs, Indianapolis Museum of Art, USA, Rebecca Menendez, Autry Museum of the American West, USA, Cathryn Goodwin, Princeton University, USA
Last year the Andrew W. Mellon Foundation awarded a planning grant to the American Art Collaborative (AAC), a consortium of thirteen U.S. museums who have come together to learn about and implement LOD within their respective museums. Under the grant AAC developed a road map for the Initiative that will test LOD reconciliation issues, develop production and reconciliation tools, and result in the publication of American art holdings as LOD for researchers, educators, general public, aggregators such as DPLA, ResearchSpace, and digital application developers. The road map also includes publication of best practices and guidelines to share with the broader museum community.
In September 2015, AAC member Crystal Bridges Museum of American Art received on behalf of AAC, an IMLS National leadership grant and plans for additional grants are underway. These grants are allowing AAC to convert data to LOD using the CIDOC CRM, link to the Getty Vocabularies as well as contribute missing names to enhance the vocabularies, and implement an API and reader compliant with the International Image Interoperability Framework (IIIF) that will allow researchers to compare and contrast AAC LOD. Several open source tools including a link curation tool and IIIF/CRM translator will be developed and made available for other museums. AAC is developing its LOD under a federated model whereby each AAC member assumes responsibility for updating and maintaining its own data.
The session will bring together representatives from large as well as small AAC partners to discuss the benefits of LOD, some of the lessons learned and challenging documentation issues AAC is facing.
Bibliography:
American Alliance of Museums (Museum July/August 2016 Beyond the Hyperlink: Linked Open Data creates new opportunities;
http://www.club-innovation-culture.fr/emmanuelle-delmas-glass-yale-center-for-british-art-si-les-musees-ne-choisissent-pas-lopen-content-ils-deviendront-invisibles-et-inutiles/
Caroline McGee - Atlantic Archives Project, DRI Members Forum June 2018dri_ireland
Presentation given by Dr Caroline McGee, project lead on Atlantic Philanthropies Archives Project, at DRI Members Forum June 2018. The Atlantic Archives project will create a series of digital collections that will showcase the work of Atlantic's Irish grantees in the fields of human rights, education, and community social change projects across the island of Ireland since 1982.
Lecture to the Ocean Teacher Global Academy course on Research Data Management in November 2015. Topics covered include the history of data formats in marine data management; introduction to the Semantic Web and Linked Data; current state of the art in Linked Ocean Data; and future research directions in Linked Data and Big Data combinations.
Making the Black Hole Gray: Implementing the Web Archiving of Specialist Art ...The Frick Collection
Report on the New York Art Resources Consortium's investigation into web archiving born-digital art research materials.
Presented at the Archive-It Partner Meeting, Salt Lake CIty, Utah, November 12, 2013
Hindi Essays For Students. 100 Best Motivational Quotes In Hindi For Students...Monique Bae
Hindi essays in hindi language for students in 2021 Essay examples .... मेर स्कूल पर नबंध - My School Essay in Hindi Language for School Students. Online Education Essay In Hindi. Shiksha Ka Adhikar शक्ष क अधकर Hindi Essay 500 Words, Best Essay .... Hindi Essay. education-essay-in-hindi - HindiKiDuniyacom. Descriptive essay: Hindi essay website. Hindi Essay on quot;Vyayam ke Labh quot;, quot;व्ययम के लभ quot; for Students .... 100 Best Motivational Quotes In Hindi For Students 2020. छत्रपयग हन्द नबन्ध - Student Useful Hindi Essay. Essay Writing in Hindi Descriptive Paper आप से अच्छ Essay खुद नबंधकर भ नहं लख सकत. Hindi Essay Writing - Các ứng dụng dành cho Android trên Google Play. Language Hindi Essay Writing-Anuched Lekhan-06 Creative writing .... List Of Topics For Essay Writing In Hindi Telegraph. College Essay Examples: Essay in hindi language. Expository essay: Hindi language essays. Pin by S KT on sample essay letters Sample essay, Hindi language .... Essay in hindi - YouTube. Essay in hindi. पर्यवरण पर नबंध. 2019-03-03. Hindi essay topics for class 10. My School. 2019-02-07. Unique Essay On Discipline In Student Life Hindi Thatsnotus. How To Write Essay On My School In Hindi Sitedoct.org. 9 Hindi essays ideas in 2021 thoughts quotes, essay, knowledge quotes. Essay On My School In Hindi मेर वद्यलय हंद नबंध Essay on my school for all students.. भरत इंडय पर नबंध - India Essay in Hindi Language - Bharat par Nibandh. ️ Hindi essay topics for class 10. Free Essays on Hindi Nibandh For .... School Essay: School essay hindi. Hindi essays for class 7. CBSE Sample Papers for Class 7 Hindi. 2019 .... Free online essay in hindi language. write on essay in my school in Hindi !! मेर स्कूल नबंध 10 लइन essay .... Hindi language-Essay writing-class 3-16/07/2020 - Yo
Hello islandora building a digital repository nov 30, 2016 v6eohallor
Hosted at The New York Academy of Medicine on November 30, 2016.
Morning Session: Developing Islandora Digital Collections (Panel)
This panel discussion will explore multiple uses and implementations of Islandora, an open source digital repository framework. Panelists will describe their digital projects, how Islandora was utilized and their overall experience.
Afternoon Session: Islandora Demonstration (Hands-on)
Islandora is an OAIS adherent and open source digital repository framework. It combines the Drupal CMS and Fedora Commons repository software, together with additional open source applications, the framework delivers a wide range of functionality out of the box.
This Islandora demonstration will provide users with an overview of how to ingest content, configure the discovery layer and restrict access to content.
presented at the International Conference on Challenges in Preserving and Managing Cultural Heritage Resources, held on 2005 October 19-21 at the Institute of Social Order, Ateneo de Manila University, Quezon City, Philippines
An Introduction to digital preservation at the Library of Congresslljohnston
Introduction to digital preservation initiatives at the Library of Congress and the National Digital Information Infrastructure and Preservation Program
Shaping our Future: Digitization Partnerships Across Libraries, Archives and ...UBC Library
Presentation by Ingrid Parent at the National Diet Library in Tokyo, Japan, Dec. 2, 2010.
Shaping our Future: Digitization Partnerships Across Libraries, Archives and Museums
Digitised collections offer a wealth of resources for improving a wide variety of literacies that promote critical thinking skills, instruction and curriculum enhancements.
Similar to Copyright issues in a digital library environment (20)
1. Copyright issues in a
digital library environment
By
Fe Angela M. Verzosa
Conference on “Planning, Developing, and Managing Digitization & Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
What do we talk about today?
1. Digital is not different from traditional
2. Digital is more difficult to control
3. The digital environment - challenges
4. Limitations to Copyright, or what can be copied
5. IFLA position on Copyright in a digital
environment
6. SAA position on Copyright in a digital
environment
Conference on “Planning, Developing, and Managing Digitization & Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
2. What we will not talk about?
1. What is copyright?
2. What is covered by copyright?
3. Who owns the copyright?
4. What are the rights of copyright?
5. What are the related rights of
Copyright?
(Please refer to Atty. Cruz’s lecture…)
Conference on “Planning, Developing, and Managing Digitization & Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
http://www.slideshare.net/PAARLOnline/the-information-
professional-and-copyright-issues-and-challenges-
in-the-digital-age
“The information professional and
copyright issues and challenges in the
Digital Age” by Atty. Christopher Cruz,
PAARL Forum, 20 September 2010
Conference on “Planning, Developing, and Managing Digitization & Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
3. Conference on “Planning, Developing, and Managing Digitization & Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Let’s look at celebrated cases
of Copyright infringement
Conference on “Planning, Developing, and Managing Digitization & Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
4. Salinger vs. Random House (1987)
Although people could read J.D. Salinger's
unpublished letters at a university library, he had
never authorized their reproduction.
The Second Circuit Court of Appeals ruled that
quoting or paraphrasing from unpublished
materials (Salinger's letters) in an unauthorized
biography was not fair use.
The book of Salinger's unauthorized biographer,
Ian Hamilton, was never published by Random
House.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Playboy Enterprises vs. Frena(1993)
Frena, an electronic bulletin board operator, had
violated Playboy's copyright when one of their
photographs was digitized and placed on the bulletin
board system by one subscriber and downloaded by
another subscriber.
According to the decision of Florida Northern District
Court, it does not matter that Defendant Frena may
have been unaware of the copyright infringement.
Intent to infringe is not needed to find copyright
infringement. Intent or knowledge is not an element
of infringement, and thus even an innocent infringer
is liable for infringement.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
5. Princeton University Press v. Michigan
Document Services (1996)
A professor supplied the course material and
Michigan Document services, a photocopying
organization, took photocopies of the material
and converted it into coursepacks for sale to
students at the University.
The court considered that it was not fair use
and penalized the photocopying company.
MDS appealed the case in January 1997;
however, the U.S. Supreme Court refused to
hear the case.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Register.com vs. Verio (2000)
Verio extracted information from the publicly
available Register.com WHOIS database for
use in telemarketing.
In response, Register.com sued Verio and
New York Southern District Court ordered
Verio to stop using customer contact
information acquired through the database for
mass marketing purposes.
At issue here are limits on access to and use
of personal information on publicly available
online databases.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
6. A M Records vs. Napster (2001)
As peer to peer file sharing increased,
Napster started a website. This website
offered downloads of songs of all genre –
new and old. Napster closed the site in 2002
after paying $26M.
Several websites still thrive on offering free
music to people who can download it at no
cost.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Authors Guild et al vs. Google (2005)
In 2002 Google began digitizing books in
libraries, and in 2004, launched Google Book
Search, allowing users to search its database
of books, download full copies of public
domain books, and view snippets of
copyrighted books.
a class action lawsuit resulted in the 2008
settlement where Google agreed to pay $125
million.
The amended settlement case is scheduled
to go to court by July 2012.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
7. Case vs. Library.nu (Gigapedia.com)
Library.nu was a popular linking website
accused of copyright infringement and was
shut down last February 15, 2012.
it hosted some 400,000 ebooks and allegedly
had a revenue of over $10 million.
It was sued by coordinated legal action from
17 publishers (incl. HarperCollins, MacMillan,
and Oxford U Press) who obtained an
injunction from a Munich court.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Common Internet infringements
illegally downloading
music files, videos and
movies
pirating certain types of
software applications
posting copyrighted
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
works
file-sharing of music,
films, computer games,
etc.
8. What is legal? illegal?
Downloading copied music is legal in some countries
in the context of their copyright laws, such as
Canada, The Netherlands, Spain, and Panama,
provided that the songs are not sold.
Downloading music and films for home use is legal in
Russia.
Digital copying is allowed for internal use in
Australian libraries and archives for deteriorated
materials only
Digital Millennium Copyright Act of 1998 (US) allows
libraries and archives to copy, digitize and make
accessible online published documents in their
collections even if the work in question is in copyright.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
“Digital is not different”…
basic principles of copyright
remain the same for
”traditional” and digital works
reproduction made in a
traditional way or with the use
of digital technology is treated
the same
new provision ---computer
programs and databases are
protected by copyright
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
9. Digital is different……..
Copyright in a digital environment is much
more difficult to control because of :
Ease of creation
Ease of modification
Ease of distribution
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Challenges of the digital environment
Ease of creation
easy to create
content in cyberspace
easy to publish
works online
easy toupload
photos, videos, etc.
easy to attach files
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
10. Challenges of the digital environment
Ease of modification
•very easy to change and move information
including moving resources (changing servers) or
changing content (like the text on a web page)
•easy for information to change or be updated
(which means that things aren't always in the same place,
and that you can't always be sure that a web page will have
the same content it had when you first looked at it).
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Challenges of the digital environment
Ease of distribution
“It is easy to copy and share digital information.
Networks were created to share information, which
makes it easy to copy and paste from a web page, and
to share files. In most cases, the sharing of files
involves the creation of copies. Even common tasks
such as sending email and browsing the web involve
the creation of copies.”
Cited from:
https://cyberspace.ischool.utexas.edu/course/copyright/7.php
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
11. Copyright enforcement is a
challenging task!
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Why do libraries need exceptions
in the copyright environment?
Preservation copying of unpublished
works
Replacement copying of published
works
Digital preservation and replacement
copies
Reproductions in response to patron
requests such as interlibrary lending
Cited from: Peter B. Hirtle, Emily Hudson, and Andrew T. Kenyon, COPYRIGHT
AND CULTURAL INSTITUTIONS: GUIDELINES FOR DIGITIZATION FOR U.S.
LIBRARIES, ARCHIVES, AND MUSEUMS, Ithaca, NY: Cornell University
Library Press,
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
12. Copyright issues in digitization
Copyright is a complex issue that strongly
impacts the selection of materials for
digitization.
Libraries and archives avoid the complexities
of copyright law by digitizing materials that
have passed into the public domain and are
no longer covered by copyright restrictions.
In many digitization projects for preservation,
access is limited to in-house use only, and
not for public access on the web.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
What can be digitized/go online?
Copyright-protected works where permission from
copyright holder has been obtained, or
the work is in the public domain (i.e. copyright on the
material has expired), or
there must be a special legal exemption allowing
digitization and making it available online without
permission of the copyright holder. (in the US, it may
apply to libraries and archives with respect to some
out-of-print copyrighted books published between
1923 and 1936. In some other countries, it might
apply to books known as orphan works.)
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
13. What is public domain?
Public domain information is “publicly accessible
information, the use of which does not infringe any legal
right, or any obligation of confidentiality. It thus refers to
the realm of all works or objects of related rights, which
can be exploited by everybody without any authorization.”
Includes any official text of a legislative, administrative or
legal nature, works of government, government-held
records, public or official records.
Cited from: Copyright in the Digital Environment by Petya TOTCHAROVA,
Legal Advisor, Cultural Enterprise and Copyright Section, Division of Arts
and Cultural Enterprise, Culture Sector, UNESCO
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Fair Use as limitation
Conditions under which
copying a work, or a
portion of it, does not
constitute infringement
of copyright, including
copying for purposes of
criticism, comment,
news reporting,
teaching, scholarship,
and research.
(Sec. 185, IP Code)
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
14. Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Purpose Favoring Fair Use
Scholarship
Research
Criticism
Commentary
News Reporting
Teaching (including
multiple copies for
classroom use)
Requiring Permission
Commercial use
Entertainment
Bad faith
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
15. Nature of the work
Favoring Fair Use
Published
Factual
Nonfiction
Requiring Permission
Unpublished
Highly creative
Fiction
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Amount of material used
Favoring Fair Use
Small amounts
Appropriate to the
purpose
Not the heart of the
work
Requiring Permission
Large amounts
Heart of work
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
16. Effect on the Market
Favoring Fair Use
Owning a legal copy
Few copies made
No ready market for
permission
Out of print
Owner unidentifiable
Requiring Permission
Takes away sales
Easy licensing
mechanism
Many copies made
Wide distribution of
copies
Repeated use
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Can anyone make a copy?
Yes, if the private reproduction of a
published work is in a single copy,
where the reproduction is made by a
natural person exclusively for research
and private study (Sec. 187.1, IP
Code)…except…
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
De La Salle University - Manila
17. Can a published work be reproduced?
NO, if the published work is:
(a) A work of architecture in the form of building or other
construction;
(b) An entire book, or a substantial part thereof, or of a
musical work in graphic form by reprographic means;
(c) A compilation of data and other materials;
(d) A computer program except as provided in Section 189;
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
and
(e) Any work in cases where reproduction would
unreasonably conflict with a normal exploitation of the
work or would otherwise unreasonably prejudice the
legitimate interests of the author. (Sec. 187.2)
De La Salle University - Manila
Can a Library copy?
Yes, if the library is non-profit and makes
only a single copy for the following reasons:
Work cannot be lent because it is fragile/rare;
Isolated articles in composite works for
expediency for research and study;
Preservation and Replacement (lost,
deteriorated, or destroyed) and not available
from the publisher and is out-of-stock. (Sec.
188)
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
De La Salle University - Manila
18. Can I copy Computer Programs?
Yes, but only 1 back-up
copy is allowed on the
condition that it is
necessary for its use or for
archival purposes, and/or
for replacement of lost,
destroyed, unusable copy
(Sec. 189, IP Code).
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
De La Salle University - Manila
If it’s on the Web, can I copy?
No, by virtue of treaties entered into by
member states (Berne Convention, Rome
Convention, TRIPS, WIPO Copyright Treaty,
WIPO Performances and Phonograms
Treaty)
Some copyrighted works may have been
posted in the Internet without permission from
the copyright holder
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
De La Salle University - Manila
19. Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Challenges of the digital environment
Libraries help copyright holders to protect
digital works against copyright infringements.
Libraries also represent users of protected
materials, and have a crucial role to play in
ensuring access to them regardless of
technological innovation.
The question is whose rights should be
more protected by libraries?
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Cited from:
http://www.iatul.org/doclibrary/public/Conf_Proceedings/2004/Barbara20
Szczepanska.pdf
20. Position on Copyright in the
Digital Environment
Information is increasingly being produced in digital
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
format.
ICT brings unprecedented opportunities for improving
access to information
Technology has the potential to improve communication
and access for those disadvantaged by distance or
economic circumstances.
Technology also has the potential to divide society into
the information-haves and the information-have-nots.
If reasonable access to copyright works is not
maintained in the digital environment, access will be
denied to those who cannot afford to pay.
http://www.ifla.org/en/publications/the-ifla-position-on-copyright-in-the-digital-environment
Position on Copyright in the
Digital Environment
For works in digital format, without incurring cost or
seeking permission, all users of a library should be
able to:
browse publicly available copyright material;
read, listen to, or view publicly marketed copyright
material privately, on site or remotely;
copy, or have copied for them by library and
information staff a reasonable proportion of a digital
work in copyright for personal, educational or
research use.
http://www.ifla.org/en/publications/the-ifla-position-on-copyright-in-the-digital-environment
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
21. Position on Copyright in the
Digital Environment
“Reformatting of material to make it accessible should
not be considered an infringement of copyright and
should be considered as reasonable access.”
---to benefit those with physical disabilities
“Providing access to a digital format of a protected work
to a user for a legitimate purpose such as research or
study should be a permitted act under copyright law.”
“Information packaged in all formats has and will
become part of the lending stock.”
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Position on Copyright in the
Digital Environment
“Copyright law should not prevent libraries from
relying on new technology to improve preservation
techniques.
Legislation should give libraries and archives
permission to convert copyright protected materials
into digital format for preservation and conservation
related purposes.
Legislation should also cover the legal deposit of
electronic media.”
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
22. Position on Copyright in
the Digital Environment
protect the right to fair use for unpublished
materials under copyright law
open access to educational (learning and
teaching resources) by distance learners
allow conversion of copyright protected
materials into digital format for preservation and
conservation related purposes
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
To date, there is no international
standard for exceptions for libraries
in some countries, libraries operate without
conditions that would allow preservation and
replacement of printed materials
other countries allow libraries and archives to
reproduce and distribute copyright material,
without limits, for educational purposes
US, etc. allows libraries and archives to
digitize and make freely available on the
Internet copyrighted works (with conditions)
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
23. Digital technologies and network technologies are
continually changing, so copyright laws must also be
continually revised.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
http://paarl.wikispaces.com/Articles
For further readings
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
24. I AM NOT A LAWYER!
But I am willing to answer
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
Contact famverzosa@yahoo.com
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan
25. Please Remix/Reuse/Share!
This presentation may be used for your library or
organization without further request from the author.
Please feel free to use it in whole or in part,
incorporate it into another presentation, quote from
it, snag the images, etc. A citation to this
presentation with a nod to the original author,
Fe Angela M. Verzosa, would be greatly appreciated.
Conference on “Planning, Developing, and Managing Digitization Research Projects for Libraries”
April 18-20, 2012 at Daven’s Palace Hotel, Tapyas Road, Coron, Palawan