1) The document provides guidance for digital project authors on copyright, fair use, and permissions issues they should consider before publishing or distributing their work. 2) It outlines exclusive rights granted by copyright, such as reproduction and distribution, and exceptions like fair use which allow limited use of copyrighted works for purposes such as education without permission. 3) The document advises authors to determine what content they need from other sources, whether their purpose falls under fair use or requires a license, and to consider privacy and ethics issues regarding people or cultural works included. It directs them to contact the library for help navigating these legal and policy questions.

1. You’re a digital project author!
What to know
before you “publish”
Rachael G. Samberg
Scholarly Communication Officer
UC Berkeley Library
July 17, 2019

2. YOU HAVE A VISION FOR YOUR PROJECT

3. YOU’VE FOUND & MADE COOL CONTENT

4. Multiple types
of content
Text
Visual / 3D
Bibliographic

5. https://skfb.ly/6IDnP

6. But first, think about the
rights of the authors or entities
who created or made that content available,
and your own rights as an author

7. https://skfb.ly/6HFrw

8. https://skfb.ly/6IDnP

9. 2. FAIR USE PERMITTED. Some
materials are made available for
limited non-commercial, educational,
and personal use only, or for fair use
as defined in the United States
copyright laws. Users may download
these files for personal use...
9

10. We need to sort out
copyright, fair use, and other law
& policy issues!

11. There’s a difference
between citing
your sources and
having permission
to include content from
those sources
Dan4thNicholas,CC-BY,
h2ps://flic.kr/p/8PEZiG
Sakaki0214,CC-BY-NC-ND,
h2ps://flic.kr/p/9jykF1
ATTRIBUTION
PERMISSION

12. 12
Whether you need permission can depend on
● Copyright (and exceptions!)
● Contracts
● Privacy
● Ethics

13. COPYRIGHT
Exclusive rights to make
certain uses
of original expression
for limited period
of time
Photo by Luis Alfonso Orellana on Unsplash
Egypt, Lee Friedlander (1983)

14. Exclusive Rights
● Reproduction
● Derivative works
● Distribution
● Public performance
● Public display
Egypt, Lee Friedlander (1983)

15. Limited Period
● Varies, but at least
author’s life + 70 years
● Within the “protected”
period, you need
author’s permission to
reproduce, display,
perform, etc. Egypt, Lee Friedlander (1983)

16. What does
copyright protect?
Expression,
not ideas or facts

17. Other limits: The Public Domain
FEDERAL GOVERNMENT WORKS EXPIRED COPYRIGHT
Headfromananthropoidsarcophagus,
200B.C.
https://collections.mfa.org/download/140439
https://www.loc.gov/exhibits/thousand-years-of
-the-persian-book/

18. If copyright gives authors exclusive
rights for so long, how can we ever
use anything?
18

19. Rely on an
exception
like fair use
https://skfb.ly/6HFrw

20. “The fair use of a copyrighted
work…for purposes such as
criticism, comment, news
reporting, teaching…,
scholarship, or research, is
not an infringement of
copyright.”
https://skfb.ly/6HFrw

21. Four-factor balancing test
https://skfb.ly/6HFrw
1. Purpose & character of use
Nonprofit educational more likely fair than
commercial; “transformativeness” often
dominates.
2. Nature of copyrighted work
More likely fair if you’re using
factual/scholarly work.
3. Amount and substantiality
Size & importance of portion used
in relation to whole.
4. Effect on potential market
Less likely fair if use supplants market for
purchasing/licensing original.

22. Or, get a
license
(permission)

23. Understanding & Choosing Licenses
● When using other people’s content, what rights do you
need to accomplish your purpose?
● When creating your own content, what do you want to
allow other people to do? What impact do you want
your work to have?

24. Try to get/use standard licenses or marks
(e.g. Creative Commons)
I waive copyright in my work
There is no known
copyright in this work

25. Contracts
Already digitized in a
library database?
Using digital collections
on the Web?
There may be a contract
at play...
Photo by Cytonn Photography on Unsplash

26. Website terms of use, database
licenses agreements,
donor agreements...

30. The contract might be one
that the library signed.
Permitted Uses
1. Research and Analysis.
...Authorized Users are permitted
to display and use reasonable
portions of information...for
educational or research purposes...
2. Fair Use/Fair Dealing. Customer
and its Authorized Users may use
the materials contained within the
Service consistent with the
doctrines of "fair use"...

31. Privacy & Ethics
Privacy rights govern the people
who are subjects of the work.
Ethics shape uses of content or
knowledge acceptable within a
discipline or community.
Photo by Danurwendho Adyakusuma
on Unsplash

32. Privacy
● Exception for consent / public
spaces
● Exception for “newsworthiness” or
public interest
● Expire at death
Photo by Danurwendho Adyakusuma
on Unsplash

33. Ethics
● International protections for
indigenous knowledge, but not
much in terms of actual law in U.S.
(except NAGPRA)
● Consider community dialogue and
relationships
● Look to professional/disciplinary
norms and standards
● Consult with faculty advisors Photo by Danurwendho Adyakusuma
on Unsplash

34. Making sense

35. Making sense
What do you plan to do?
Do you need permission to do it? (copyright, contract)
Are there privacy considerations?
Ethical considerations?

36. Making sense
http://ucblib.link/vm
What do you plan to do?
Do you need permission to do it? (copyright, contract)
Are there privacy considerations? Exceptions?
Ethical considerations?

37. Contact us!
We can help!
Office of Scholarly
Communication
Services
Website:
www.lib.berkeley.edu/scholcomm
E-mail:
schol-comm@berkeley.edu