Download to read offline
![Tropenmuseum
It was an easy way to…engage new audiences…[and] spread the stories from the
collection…In the end I think more people will visit the museum and look online.
– Susanne Ton, Manager of Multimedia Production, Tropenmuseum
http://www.youtube.com/user/wikimedianl#play/all/uploads-all/0/4aPatvL5kvo
http://en.wikipedia.org/wiki/Tropenmuseum
http://en.wikipedia.org/wiki/Battle_of_karbala http://en.wikipedia.org/wiki/File:Ira
n_Battle_of_Karbala_19th_centur
y.jpg
museum of the tropics, Amsterdam
“crowdsourced” open access - invited public to photograph collections and
upload to Wikicommons (under CC BY-SA)
350+ photographs now on Wikicommons for use by museum and on
Wikipedia – with link back](https://image.slidesharecdn.com/darwin-150928050627-lva1-app6891/85/Darwin-67-320.jpg)
![Each Party shall endeavor to
achieve an appropriate
balance in its copyright and
related rights system, inter
alia by means of limitations or
exceptions that are consistent
with Article QQ.G.X, including
those for the digital
environment, giving due
consideration to legitimate
purposes such as, but not
limited to, criticism, comment,
news reporting, teaching,
scholarship, research [CL/MY
propose181
: ,education, ] [CL
propose: and persons with
disabilities]
[US/MY/SG/CA/PE/BN/MX/VN
propose: , as well as
facilitating access to published
works for persons who are
blind, visually impaired, or
otherwise print disabled]182 183
.
With respect to Section G, each Party
shall confine limitations or exceptions
to exclusive rights to certain special
cases that do not conflict with a
normal exploitation of the work,
performance, or phonogram, and do
not unreasonably prejudice the
legitimate interests of the right
holder.
Article QQ.G.X.1 neither reduces nor
extends the scope of applicability of
the limitations and exceptions
permitted by the TRIPS Agreement,
Berne Convention [VN propose:
Rome Convention,] the WIPO
Copyright Treaty, and the WIPO
Performances and Phonograms
Treaty. 180](https://image.slidesharecdn.com/darwin-150928050627-lva1-app6891/85/Darwin-86-320.jpg)
More Related Content
Darwin
- 1. Australian Libraries CopyrightCommittee Training Darwin 2015 @TrishHepworth Except where otherwise noted, this presentation is licensed under a Creative Commons Attribution 4.0 Licence, Australian Libraries Copyright Committee
- 2. Copyright – aproperty right that protects expression Separate from moral rights
- 3.
- 5.
- 6. Requirements for copyrightprotection: Can only be form of expression of information Expression must be in material form The work must have an author The work must be original originality of expression not underlying idea /
- 7. Works Subject Matter otherthan works • Literary • Dramatic • Artistic • Musical Films Films, animations computer games Sound recordings Any recording of sound Radio & TV broadcasts Published editions Layout, typesetting
- 8. • Score • Music •Lyrics • Background music • Sound recordings • Script • Underlying work • Screenplay • Costume design • Artworks • Film recording
- 9. Who is theowner of copyright? •Generally the “author” •In sound recordings, the “maker”– can be performers and record producers •Films – generally “producer” of the film; •If made in course of employment the Employer
- 11. Copyright gives exclusiverights to: • Reproduce: copying of a work in any format, including electronic • Publication: right to make the work public for the first time • Public performance and communication: including electronic communications • Adaptation: i.e. translations, TV series
- 12. Generally, copyright isinfringed if the work, or a “substantial part” of the work, is used without permission in one of the ways exclusively reserved by the copyright owner… Copyright can also be infringed where there is: •Authorisation •Importation •Commercial dealings with pirate material •Allowing the use of a venue for infringing •performance/screening
- 13. Authorisation Section 39A, s49notices section 49 – supplying digital copies to library/archive users COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been provided to you pursuant to section 49 of the Copyright Act 1968 (the Act) for the purposes of research or study. The contents of the material may be subject to copyright protection under the Act. Further dealings by you with this material may be an infringement of copyright…
- 14. Circumvention of TechnologicalProtection Measures (TPMs) Digital ‘locks’ preventing people from using works in certain ways and/or accessing copyright works. Exceptions allowing the circumvention of TPMs: Where the copyright owner permits it Region coding (DVDs, games) Interoperability with computer programs Making of preservation copies Providing works to users and other libraries under section 49 and 50
- 15. Duration of copyright 70years after death Film and sound recordings – Depends on which rights! 1955, 1955-1968, 1968+ Television and sound broadcast – 50 years from end of year in which broadcast made Photographs – generally, 70 years after the end of the year of author’s death Orphan works? ...unpublished works? toa267
- 17. Moral rights Not a‘copyright right’ Inalienable rights which cannot be assigned Include: •Attribution •Prevention of false attribution •Ensuring integrity of authorship – right to object to mutilation, distortion, any act prejudicial to author’s honour or reputation
- 18.
- 21. Exceptions/Licences (1) Private copying (2)Fair dealing (3) Crown Copying s 183 (NOT FREE) (4) Educational Licenses (NOT FREE) (5) Library and archive exceptions (6) Flexible dealing
- 22. Exceptions – privatecopying Not available to organisations or institutions – ‘private and domestic use’ Time shifting - recording TV programs or radio to watch or listen to at another time Format shifting - i.e. scanning photographs to put on a CD; converting CD to digital files*** Shifting music between devices (‘the iPod exception’) – ‘space shifting’
- 23. Exceptions – FairDealing •Criticism or review (s41) – must involve analysis or critique of the work – cannot be merely illustrative. •Parody or satire s41A) – must offer comment on the work •Reporting of news (s42) •Research or study (s40) – with limits on amount of the work that can be reproduced As well as professional legal privilege and judicial proceedings
- 24. Fair Dealing forresearch or study (s40) Certain quantities are ‘deemed’ fair: Hardcopy = 10% of pages or 1 chapter Electronic = 10 % of words or 1 chapter Periodicals = 1 article (more than 1 if it relates to the same research or course of study) If you wish to copy more, or are copying an artistic work - need to consider a number of factors to decide if it’s fair.
- 25. Fair Dealing forresearch or study (s40) Factors to consider include: •the purpose and character of the work •the nature of the work or adaptation •the possibility of obtaining the work within a reasonable time at an ordinary commercial price •the effect of the dealing upon the potential market for, or value of, the work or adaptation; and •in a case where part only of the work or adaptation is reproduced; the amount and substantiality of the part copied /taken in relation to the whole work or adaptation. NOTE : THIS DOES NOT APPLY TO AUDIO VISUAL MATERIAL AND THERE’S NO GUIDANCE FOR COPYRIGHT IMAGES (ARTISTIC WORKS) – NEED TO CONSIDER ALL THE FACTORS BEFORE COPYING
- 26. Part VA: Broadcasts(TV, radio, cable, satellite). License managed by Screenrights Part VB: Works (hard copy & electronic) License managed by the Copyright Agency Limited
- 27. Educational licences •Allows educationalinstitutions to use copyright material for educational purposes only. •Not exceptions but rather a system for remuneration for use of copyrighted material. •If an exception applies, or if you have permission from the copyright holder you do not need to rely on these licenses.
- 28. Part VB –literary, dramatic, musical works •Allows educational institutions to make as many copies as needed BUT the amount is limited: • 10% of books and published works •10% (or 1 chapter) of electronic literary, dramatic or musical works Insubstantial Portions: Educational institutions can communicate an ‘insubstantial portion’ for free, i.e. 1%, without having to use the statutory licenses. Does not apply to musical or artistic works, and can’t copy another insubstantial portion from the same work within 14 days. Must be done within institutional premises, for educational
- 29. Part VA –broadcast material •Allows educational institutions to copy audio-visual off-air broadcast material which has been made available online by the broadcaster (eg TV programs, podcasts). • No limitations on amounts that can be copied • Labelling requirements for copied items • If communicated (eg by email), a copyright warning notice required
- 30.
- 31. Crown copying exception- section 183 Certain Commonwealth, State and Territory government bodies can use any copyright materials provided the purpose is for the service of the Commonwealth, State or Territory. Who? Commonwealth, state and territory departments – it does not apply to local governments Some government agencies and statutory bodies (may need legal advice) Educational purposes within educational institutions specifically excluded. For the services of government
- 32. Library/archive copying exceptions Usercopying (document supply) (s49) Inter library/archive loan (s50) Unpublished works (s51 and 110A) Preservation copying (s51A for works, s110B for films, sound recordings) ‘Key cultural institutions’ and special preservation copying exceptions – only available to libraries with a mandate to develop and maintain a collection (i.e. NAA, NFSA, state libraries). Commercial/corporate libraries?
- 33. Document supply andinterlibrary loan I. Libraries & archives can reproduce & communicate articles and works to users for ‘research & study’ (s49) II. Libraries & archives can reproduce & communicate articles and works to another library for inclusion in their collection; or to supply a user under s 49. (s50)
- 34. What is areasonable portion? Same as the “deemed fair” quantities under the fair dealing provision - Hardcopy = 10% of pages or 1 chapter Electronic = 10 % of words or 1 chapter Periodicals = 1 article (more than 1 if it relates to the same course of research or study Unless the work is not available in a reasonable time and at an ordinary commercial price
- 35. If work issupplied electronically, the library must attach a copyright warning notice AND must destroy any electronic copies made during the process of providing the copy as soon as practicable
- 36. Copying works forother libraries and archives (s50) Libraries & archives can reproduce & communicate articles and works to another library : • to supply a user under s 49; • for inclusion in the other library’s collection; or • to assist a member of parliament.
- 37. Points to note Ifcopying to assist a parliamentarian in their duty, don’t have to worry about reasonable portion or check if commercially available. If supplying a document that is originally in electronic form – you must always ask if it’s commercially available (ie there is no automatic reasonable portion)
- 38. Copying unpublished works 50years after the year the creator died: If library or archives has an unpublished literary, dramatic or musical work, photograph or engraving, or recording or film The library can reproduce or communicate the work to a user for the purpose of research or study Can be published in limited circumstances - when you don’t know who the owner is, you must put a notice in the Government Gazette. (s51, s52 & s110A)
- 39. Preservation Copying To preservemanuscripts or original artistic works against loss, damage, or deterioration or to provide a copy for research at another library or archives* To replace a published work that has been damaged or deteriorated, lost or stolen* For ‘administrative purposes’: purposes directly related to the care or control of the collection *Subject to the ‘commercial availability’ test
- 40. Preservation copying forkey cultural institutions Allows ‘key cultural institutions’ to make up to 3 copies from the work for the purpose of preserving against loss or deterioration.
- 41. Exceptions – FlexibleDealing (s200AB) A. Is the use allowed under another section of the Copyright Act? Fair dealing, library and archival copying, statutory licence, consumer exceptions, section 183 B. For the purposes of “maintaining or operating” the library or archives? Or for “educational instruction”? C. Does the use meet the requirements of s200AB? The use must: • Not conflict with normal exploitation of the work; • Not unreasonably prejudice the copyright holder; and • Be a special case.
- 42. Exceptions – FlexibleDealing (s200AB) www.libcopyright.org.au
- 48. Institutions are alreadysharing – we know the benefits of being online
- 49. it’s still difficultor illegal to use most of this material without going through cumbersome processes Institutions are already sharing – we know the benefits of being online
- 50. it’s still difficultand illegal to use most of this material without going through cumbersome processes open materials are materials which you can use without asking permission – permission has already been given Institutions are already sharing – we know the benefits of being online
- 51. • open licensed materialcan be used without worrying about copyright laws or exceptions – by anyone, anywhere, with assurance Lock by AMagill available at http://www.flickr.com/photos/amagill/235453953/ under a Creative Commons Attribution Licence
- 53. • Standardisation isgood – • usability, compatibility • Licences are good – • international, applied • Easy to use • Metadata is key why CC?
- 54. Licence Elements Attribution –credit the author Noncommercial – no commercial use No Derivative Works – no remixing ShareAlike – remix only if you let others remix
- 55. Attribution-ShareAlike• Attribution Attribution-Noncommercial Attribution-NoDerivatives Attribution-Noncommercial-ShareAlike Attribution-Noncommercial-NoDerivatives 4.0 –international, easier, clearer (and database rights)
- 56.
- 61. Creative Commons provides resources that you andyour users can legally copy, modify and reuse myCCstickershavearrived!!!bylaihiuavailableat http://www.flickr.com/photos/laihiu/290630500/ underaCreativeCommonsAttribution2.0licence
- 62.
- 64. • More than500 million CC objects on the internet • Almost 300 million photos on Flickr alone
- 65. • It alsoprovides a tool for managing your own copyright Tooled Flatty by flattop341 available at http://www.flickr.com/photos/flattop341/1085739925/ under a Creative Commons Attribution 2.5 licence CRICOS No. 00213J
- 66. • to allowcollaboration and sharing with other students, teachers, the world Girls Sharing a mp3 Player by terren in Virginia availabl http://www.flickr.com/photos/8136496@N05/227547565 under a Creative Commons Attribution 2.0 licence
- 67. Tropenmuseum It was aneasy way to…engage new audiences…[and] spread the stories from the collection…In the end I think more people will visit the museum and look online. – Susanne Ton, Manager of Multimedia Production, Tropenmuseum http://www.youtube.com/user/wikimedianl#play/all/uploads-all/0/4aPatvL5kvo http://en.wikipedia.org/wiki/Tropenmuseum http://en.wikipedia.org/wiki/Battle_of_karbala http://en.wikipedia.org/wiki/File:Ira n_Battle_of_Karbala_19th_centur y.jpg museum of the tropics, Amsterdam “crowdsourced” open access - invited public to photograph collections and upload to Wikicommons (under CC BY-SA) 350+ photographs now on Wikicommons for use by museum and on Wikipedia – with link back
- 69. Is the usefair?
- 70. (a) research orstudy; (b) criticism or review; (c) parody or satire; (d) reporting news; (e) professional advice; (f) quotation; (g) non-commercial private use; (h) incidental or technical use; (i) library or archive use; (j) education; and (k) access for people with disability.
- 71. (a) the purposeand character of the use; (b) the nature of the copyright material used; (c) in a case where part only of the copyright material is used—the amount and substantiality of the part used, considered in relation to the whole of the copyright material; and (d) the effect of the use upon the potential market for, or value of, the copyright material.
- 72. Public domain image,author unknown
- 73. • What areyou doing? • What are you using? • How much are you using? • What about the copyright holder?
- 75. lost or stolen--forthe purpose of replacing the work if the officer is satisfied that a copy (not being a second-hand copy) of another edition of the work "photograph" includes photo-lithograph and a work produced by a process similar to photography. 3 photographic reproductions of the work Preservation copying
- 76.
- 77. Document Supply andInter-library loan
- 78. The Copyright Actshould be amended to clarify that the statutory licences in pts VA, VB and VII div 2 do not apply to a use of copyright material which, because of another provision of the Act, would not infringe copyright. This means that governments, educational institutions and institutions assisting people with disability, will be able to rely on unremunerated exceptions, including fair use or the new fair dealing exception, to the extent that they apply.
- 82. Balfour Smith, Canuckguy,Badseed. - Original image by Balfour Smith at Duke University http://www.publicdomainday.org/node/39 CC BY 3.0
- 83. Heald, Paul JHow Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs) LBSS14-07, Illinois Public Law Research Paper No. 13-54 http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=227781
- 85. •Additional or pre-established damages •Aidingand abetting
- 86. Each Party shallendeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.X, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to, criticism, comment, news reporting, teaching, scholarship, research [CL/MY propose181 : ,education, ] [CL propose: and persons with disabilities] [US/MY/SG/CA/PE/BN/MX/VN propose: , as well as facilitating access to published works for persons who are blind, visually impaired, or otherwise print disabled]182 183 . With respect to Section G, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder. Article QQ.G.X.1 neither reduces nor extends the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, Berne Convention [VN propose: Rome Convention,] the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. 180
- 89.
- 93.
- 94. Slide 1:"Darwin sunset“;Slide 2 "Mount Stromlo“; Slides 3 &6: "Child's writing“; Side 7 “National Library of Australia”; Slides 8 &11 “Film on Mt Vodno”; slide 9 “lamp”; slide 12 “Photos on Mt Vodno”; slide14; “Belgrade locks”; slide 16 “Man waiting for bus – Budapest”; slide 17 “Sunset in Skopje”; slide 18 “Stairs to Gardos, Zemun”; slide 21 “Finnish island”; slide 23 “more Finnish Island”; slides 24 & 25 “Shakespeare Room, State Library of NSW”; Slide 26 “blegrade subway station”; slide 27 “collection photocopies from State Library WA”; slides28-30 “pages”; slide 31 “Canberra sky”; slides 32-33 “Alhambra Garden”; slides 34-37 “Guerilla Bay”; slide 38 “Belgrade door”; slides 39-40 “Preservation computer at National Library of Australia”; slide 41 “stairs at Lake Ohrid”; slide 47 “fountain at Canberra Airport”; slide 69 “Trg Republik, Beograd”; slide 70 “Lock”; slides 71&73 “Usce Shopping Centre Belgrade”; slide 75 “Tito books”; slide 76 “Belgrade cat”; slide 77 “Kalemegdan in snow”; slide 78 “Sava River”; slide 90 “Work in progress sign Lyon”; all by Trish Hepworth are licensed under a Creative Commons Attribution 4.0 Slide 5: William Shakespeare; copper engraving of Shakespeare by Martin Droeshout - Beinecke Rare Book & Manuscript Library, Yale University PD altered by Trish Hepworth Creative Commons Attribution 4.0 Slide 10: Kangaroo: FR Morris Collection Public Domain altered by Trish Hepworth CCBY 4.0, using ‘moustache’ from Pixabay CC0 and Monitor Trish Hepworth CCBY 4.0 Slide 15: “Cooking for Copyright” FAIR is licenced under a Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) Slide 19: “Cats” by Alyson Dalby is licensed under a Creative Commons Attribution 4.0 Slide 20: Slides 42-46: Taken from Section 200AB Flexible Dealing handbook licenced Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC- SA 3.0) Slides 48-67: Taken from Jessica Coates “Open Access GLAM: CC and the Public Domain for Galleries, Libraries, Archives and Museums” originally licensed under a Creative Commons Attribution 4.0 modified by Trish Hepworth and also licensed under a Creative Commons Attribution 4.0 Slide 68: Dorotella black tabby spotted and white female kitten CCBY2.0 Pieter & Renée Lanser adapted with addition of pirate hat (public domain via pixabay) by Trish Hepworth CCBY4.0 Slide 74: “Cooking for Copyright” Screenshot: CC BY-NC-SA 4.0 FAIR (run by the Australian Library and Information Association (ALIA)) Slide 81: Secret TPP negotiations © Open Media Canada, used with permission Slide 82: Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke University CC BY 3.0 Slide 83: Copyright Heald, Paul J How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs) LBSS14-07, Illinois Public Law Research Paper No. 13-54: used with permission Slide 84: "Locks" by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License. Slide 85: Forex Money for Exchange in Currency Bank epSos.de CCBY2.0 Slide 86: Laneway Public domain Slide 87: Paris Tuileries Garden Facepalm statue photo CC BY 2.0 Alex E. Proimos Slide 88: braille children’s book at Visibility, photo Trish Hepworth CCBY4.0 Slide 91: Screen shot “Copyright Hunter” Australian War Memorial, text Creative Commons Attribution-NonCommercial 3.0 Australia (CC BY- NC 3.0 AU) license. Image Bean, Charles Edwin Woodrow (C E W) Copyright expired - public domain Slide 92: Open Access logo CC0
Editor's Notes
- #4 Originality does not require that the idea or concept underpinning the form of expression is original or inventive, or need an assessment of the artistic merit or quality of the work. Merely that expression ‘originate’ with the author and not be derived or copied from someone else. Copyright does not protect facts! Shopping list capable of copyright protection? Well, information (i.e. List of ingredients and quantities used in recipe) is not protected. Doesn’t need to be novel, merely skill or labour on the part of the copyright owner. Here, copyright owner would have exclusive right to photocopy, reproduce, etc the list – not copyright protection in information in the list.
- #7 Originality does not require that the idea or concept underpinning the form of expression is original or inventive, or need an assessment of the artistic merit or quality of the work. Merely that expression ‘originate’ with the author and not be derived or copied from someone else. Copyright does not protect facts! Shopping list capable of copyright protection? Well, information (i.e. List of ingredients and quantities used in recipe) is not protected. Doesn’t need to be novel, merely skill or labour on the part of the copyright owner. Here, copyright owner would have exclusive right to photocopy, reproduce, etc the list – not copyright protection in information in the list.
- #8 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #12 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #13 Depends whether the copy has appropriated the expression of the original work – and there must be degree of similarity between the two. Can be any part that is important, distinctive, essential. Qualitative question Ask – is there infringement in an article extract? Newspaper headline? Examples of names, titles or slogans which courts have held were not protected by copyright include: • Exxon, a word invented as the name of a corporation; • Opportunity Knocks, the title of a television program; • The Man who Broke the Bank at Monte Carlo, the title of a song; and • “The resort that offers precious little”, an advertising slogan.
- #14 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #15 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #16 REFER EVERYONE TO RMIT LIST As a result of the Australia-US Free Trade Agreement, on 1 January 2005 the period of protection for copyright material was extended to 70 years. However, no revival of copyright that expired pre 1 January 2005 (cf. Golan in the US). Prior to AUSFTA, 50 years from end of year in which creator died. I.e. If an author died before 1956, works will be out of copyright. Published editions – 25 years from end of year of first publication ACC has good tables for duration of copyright – cannot show them to you though without infringing copyright. Note – sound recordings pre 1969 Mark Twain, died in 1910, unpublished letters offered for sale on microfilm in 2001, extending copyright duration to 2048 – almost 140 years after his death! Copyright duration in film works with script, music, etc Unpublished works with unknown authors and ‘publication’ occurring with deposit - CAL and the State of NSW, the Full Federal Court found that artistic works were published after being deposited in the archives of the Registrar-General of Land Titles to be made available to the public. The Court took a broad construction of what constitutes an act of publication by interpreting it to include the public being able to access the works by visiting the Registrar-General, their local council, and other methods.
- #18 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #22 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #23 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #24 Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
- #25 Research or study – broadest of fair dealing exceptions – s40 – rigorous statutory guidelines on amounts that can be reproduced (for an approved course of study by enrolled external student of an educational institution). “reasonable portion” – work of at least 10 pages in a published edition – 10% of the number of pages in the edition; or (if divided into chapters) – a single chapter. In electronic form – 10% of the number of words or a single chapter. Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
- #26 Research or study – broadest of fair dealing exceptions – s40 – rigorous statutory guidelines on amounts that can be reproduced (for an approved course of study by enrolled external student of an educational institution). “reasonable portion” – work of at least 10 pages in a published edition – 10% of the number of pages in the edition; or (if divided into chapters) – a single chapter. In electronic form – 10% of the number of words or a single chapter. Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
- #27 Educational institutions are permitted to copy a ‘reasonable portion’ of a works and TV or radio broadcasts for educational purposes – which is typically 10%. These licences are administered by CAL and Screenrights. Notably, uses of a reasonable portion of works for educational purposes are covered by the fair use exception in the United States and are free.
- #32 For purposes that are “governmental” in nature. Government can authorise anyone (including non government libraries) to deal with copyright material on its behalf. Authorisation in writing, before or after material used Can take advantage of other exceptions, and not limited to ordinary deeming provisions (10% or 1 chapter) Traditionally activities of libraries/galleries etc not considered Governmental Little case law: House of Lords decision in Pfizer v Ministry of Health “supply of medicine to the national health service hospitals for use in the treatment of patients is ‘for the services of the Crown’ (Re Patent law application). Bowen CJ thought it possible this extends to services provided by the Crown or its servants to members of the public
- #33 Library and archival copying provisions only available to libraries whose collections are available to the public (inc. by interlibrary loan). Under section 52, libraries may also publish an unpublished work where the creator simply is not known, the use will form part of a new work and meets the requirements of section 51. There is no equivalent exception for sound recordings or films. This is not an orphan works exception because it does not apply where the creator or current copyright holder is not locatable and only allows very limited uses. Preservation copying - Under the preservation copying exceptions in sections 51A for works and 110B for other subject matter, a library may make copies for the following purposes: First, to preserve manuscripts or original artistic works against loss, damage, deterioration or to provide a copy for research at another library. Second, to replace a published work that has been damaged, deteriorated, lost or stolen. Third, for ‘administrative purposes’ directly related to the care or control of the collection. This includes educating and training staff and volunteers on the management of the collection, but does not include a reproduction to add to the collection so as to make more copies available for lending. To make a perseveration copy, the library must not be able to obtain a copying within a reasonable time at an ordinary commercial price, or must have a good reason to make the copy. This does not include second hand copies of the work, or later editions of the work. A museum may only make very limited uses of preservation copies – it may not make the work otherwise available to the public. Key cultural institutions may use special preservation copying exceptions under sections 51B for works and 110BA and 112AA for other subject matter. Key cultural institutions have a legislative function of developing or maintaining a collection. Unlike the normal preservation exception, key cultural institutions may make up to 3 pre-emptive copies of material for the purpose of preserving against loss or deterioration for manuscripts, original artistic works, published works, first or unpublished copies of sound recordings, and first or unpublished copies of films. An authorised officer must make a declaration that they are satisfied that the work is of historical or cultural significance to Australia.
- #34 Does not apply to AV material (s49) – literary, artistic, musical works which have been published
- #37 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #39 Under section 52, libraries may also publish an unpublished work where the creator simply is not known, the use will form part of a new work and meets the requirements of section 51. There is no equivalent exception for sound recordings or films. This is not an orphan works exception because it does not apply where the creator or current copyright holder is not locatable and only allows very limited uses. – 50 years after the creator’s death, archives can make copies of unpublished works, sound recordings and films for the purposes of research or study or with a view to publication. s52 – unpublished work where the creator is not known not an orphan works exception
- #40 Preservation copying - Under the preservation copying exceptions in sections 51A for works and 110B for other subject matter, a library may make copies for the following purposes: First, to preserve manuscripts or original artistic works against loss, damage, deterioration or to provide a copy for research at another library. Second, to replace a published work that has been damaged, deteriorated, lost or stolen. Third, for ‘administrative purposes’ directly related to the care or control of the collection. This includes educating and training staff and volunteers on the management of the collection, but does not include a reproduction to add to the collection so as to make more copies available for lending. To make a perseveration copy, the library must not be able to obtain a copying within a reasonable time at an ordinary commercial price, or must have a good reason to make the copy. This does not include second hand copies of the work, or later editions of the work. A museum may only make very limited uses of preservation copies – it may not make the work otherwise available to the public. Since 2006, an institution may now make a reproduction of a published work even if a later edition of the work is commercially available (new s 51A(4)) Authorised officer must make a declaration stating: No new copy of the work can be obtained within a reasonable time at an ordinary commercial price Providing the reason for reproduction of that particular edition
- #41 In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
- #42 Nine metre high sculpture, French-American artist Louise Bourgeois – also at Mori Tower, Tokyo
- #43 Introduced 2006 – intended to cover uses of material that are for ‘socially useful purposes’ benefiting the broader Australian community
- #49 The open access movement is in a better place than its ever been before, as far as gaining ‘mainstream’ acceptance and being adopted by large players There have, of late, been lots of official statements endorsing open access – from the OECD, from Venturous Australia etc
- #50 The open access movement is in a better place than its ever been before, as far as gaining ‘mainstream’ acceptance and being adopted by large players There have, of late, been lots of official statements endorsing open access – from the OECD, from Venturous Australia etc
- #51 The open access movement is in a better place than its ever been before, as far as gaining ‘mainstream’ acceptance and being adopted by large players There have, of late, been lots of official statements endorsing open access – from the OECD, from Venturous Australia etc
- #53 Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
- #55 The first CC licences were released in 2002 The central to each of the CC licences are the four licence elements – Attribution, noncommercial, no derivative and sharealike These represent restrictions that copyright owners may want to put on how people can use their material. As you can see, each of the elements has a symbol that can be used to ‘represent’ each of these elements this makes the licences easier understand – in theory, once a person is familiar with the CC licences, they should be able to recognise what uses are allowed simply by looking at the symbols
- #56 Users can mix and match these elements to set the conditions of use for their material So, for example, an author may be happy to allow private uses of their work, but may want to limit how it can be used commercially. They may also want people to remix their work, but only so long as that person attributes them and makes the new work available for others to remix So they can choose the Attribution-noncommercial-sharealike licence
- #59 although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
- #60 although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
- #65 So – looking at how the CC licences are being used According to the latest statistics from the CC website, there are currently about 140million webpages that use a CC licence As you can see, almost all of them contain the BY element – that’s because it was made compulsory for all the licences except the public domain licences after the first year, because pretty much everybody was using it anyway The majority also, unsurprisingly, choose the non-commercial element Interestingly, next most popular is ShareAlike, not noderivatives – this shows that there is still a strong focus on fostering creativity among CC community, and that, rather than trying to lock their material up, people are happy for it to be remixed, as long as the new work is also sharedEven more interesting is how these statistics are changing over time Even more interestingly – if you look at how the licences is being used over time, people are gradually moving towards more liberal licences with less restrictions on them This movement seems to indicate that as people become more familiar with the licences, they are more comfortable allowing greater use This is supported by anecdotal evidence from CC users who, after initially publishing their material under restrictive licences that don’t allow derivatives, often ‘re-release’ their material to allow new works
- #68 Click and flick has turned out to be highly successful, with over 9,000 photos uploaded since January This may not seem like much on internet scale, but it’s a huge number for a library collection It’s also significantly raised the profile of the PictureAustralia collection, with the NLA reporting much higher usage, even during traditionally slow periods The NLA doesn’t have any statistics on how many people are using CC licences, but they say anecdotally that they think it is a large portion, or even the majority.