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Copyright Issues Relating to Web 2. 0 and Digital Content CCM 400 Instructor: Lesley Copyright Issues Relating to Web 2. 0 and Digital Content CCM 400 Instructor: Lesley Ellen Harris, Copyrightlaws. com SLA Click University Certificate in Copyright Management: Principles & Issues

Differences • Print materials – physical ownership tho no right to reproduce – no Differences • Print materials – physical ownership tho no right to reproduce – no restrictions on use (unless it is a copyright use) – CCC covers much photocopying • E-materials – no physical ownership – license to use – use subject to conditions (in license) – may need to contact individual rights holders – may not have perpetual access to licensed content

Bottom Line • Copyright protection for digital and nondigital content – e-book and print Bottom Line • Copyright protection for digital and nondigital content – e-book and print book protected • Most online content is protected by copyright – with or without a copyright notice or statement – often a misconception that requires correction • Some provisions just for digital…

Protected Digital Works • Individual works: – email – digital images - audio + Protected Digital Works • Individual works: – email – digital images - audio + video clips - online newsletter • Compilations: – website/blog/intranet content – digital archives + digital library – digital databases, wikis – You. Tube, Linked. In, Facebook

Defining E-Rights • Defined by right or media – right of reproduction – right Defining E-Rights • Defined by right or media – right of reproduction – right to upload content • May be called digital rights, database rights, online rights, multimedia rights, etc. • Define e-rights for your license agreements

Law Updates • 1996 - 2 new international digital treaties (WIPO) • 1998 - Law Updates • 1996 - 2 new international digital treaties (WIPO) • 1998 - DMCA • 1998 - Sonny Bono Act • 2002 - The TEACH Act

Global Side to Digital • Once outside own country = global issue • Two Global Side to Digital • Once outside own country = global issue • Two 1996 treaties protect digital works in same manner as Berne protects traditional works • Minimum standards for countries to follow • More in CCM 300 • Up to domestic law to apply: – jurisdiction – liability

Digital + Content - a survey of the issues - Digital + Content - a survey of the issues -

Digital Reproduction Examples • Reposting an image or article from a website • Printing Digital Reproduction Examples • Reposting an image or article from a website • Printing a work found online • Saving a copy on disk, hard drive or other storage device • Transmit a copy to another person

Browsing • “Surfing” the Internet • “Packets” of copies may be made en route Browsing • “Surfing” the Internet • “Packets” of copies may be made en route to end user • Implied consent? Fair use/dealing?

Viewing Content • Viewing per se is not a right • May involve browsing Viewing Content • Viewing per se is not a right • May involve browsing (see previous slide)

Caching • Saving a web page copy by software to facilitate faster access to Caching • Saving a web page copy by software to facilitate faster access to that page • Implied consent? Fair use/dealing?

Email • Protected by copyright • Belongs to the author (or employer) of email Email • Protected by copyright • Belongs to the author (or employer) of email • May not forward without permission

Website and Intranet Content • Protected by copyright – individual components may be protected Website and Intranet Content • Protected by copyright – individual components may be protected – website as a compilation may be protected • Need permission to use content – implied in some circumstances? • Need permission to post content of others on your site

Linking • Linking to a home page is likely OK • Linking to an Linking • Linking to a home page is likely OK • Linking to an internal page, http: //www. sla. org/internalpage may require permission (U. S. court cases settled out of court) • Judgement call • Linking agreements

Scanning • Scanning or digitizing is a reproduction • Requires permission of the copyright Scanning • Scanning or digitizing is a reproduction • Requires permission of the copyright holder

Listservs, Bulletin Boards and Newsgroups • Messages are protected by copyright • Messages belong Listservs, Bulletin Boards and Newsgroups • Messages are protected by copyright • Messages belong to authors (or employers) • Reproductions or forwarding of messages require permission • Implied consent?

Web 2. 0 • A Web 2. 0 site allows users to interact and Web 2. 0 • A Web 2. 0 site allows users to interact and collaborate (rather than passive viewing of content) • Examples: social networking sites such as Linked. In and Facebook, blogs, wikis, video sharing sites such as You. Tube, and mashups • Need to apply copyright law to each situation

Basic Web 2. 0 Issues • • • Need to own content to post Basic Web 2. 0 Issues • • • Need to own content to post Assume posted content is protected User generated comments? Collaboration? Check Terms of Use in site

Twitter • Are 140 words or less protected by copyright? • If protected, do Twitter • Are 140 words or less protected by copyright? • If protected, do you need permission to retweet? Or otherwise copy the tweet?

Blog or Twitter Ownership • Belongs to the blogger, or employer -- is blog Blog or Twitter Ownership • Belongs to the blogger, or employer -- is blog related to work or outside the blogger’s work duties? • Need for blogging policies/agreement at work?

Peer-to-Peer File Sharing • Allows users to share files with one another • Illegal--Napster--sharing Peer-to-Peer File Sharing • Allows users to share files with one another • Illegal--Napster--sharing music files – now much digital music is properly licensed • Has legal uses too: – potential for use for interlibrary loan or other library services? – permission is key

E-Reserves • Course materials are stored in e-form and may be accessed in the E-Reserves • Course materials are stored in e-form and may be accessed in the library or remotely • licenses may permit e-reserves • fair use argument – non-profit education -factual material – one article in periodical (rather than whole periodical) – limited access to e-reserves; time limited (delete at end of semester)

E-Archives • Permission may be needed to create an earchive or e-database of works E-Archives • Permission may be needed to create an earchive or e-database of works -- if a copy is being made of the underlying/included works • Archives or database may be protected by copyright as a separate copyright from the underlying works

Digital Libraries • Preservation or wide availability? • Public domain works - no permissions Digital Libraries • Preservation or wide availability? • Public domain works - no permissions needed • Unpublished archival material – library owns physical copy but not right to reproduce material – DMCA, Sony Bono Act (more in a moment…)

Using Works in Online Courses • Without permission under TEACH Act • Relying on Using Works in Online Courses • Without permission under TEACH Act • Relying on fair use defense • With permission of the copyright holder

TEACH • Transmission only to students • Must be an integral part of a TEACH • Transmission only to students • Must be an integral part of a class • Must be directly related to teaching content • Cannot be material specifically created for the educational market

2002 - The TEACH Act • Allows nonprofit educational institutions to use copyright works 2002 - The TEACH Act • Allows nonprofit educational institutions to use copyright works in remote learning, including online courses • Subject to a number of conditions • For “an accredited nonprofit educational institution”

TEACH • Institution must have a copyright policy; institution must disseminate copyright info to TEACH • Institution must have a copyright policy; institution must disseminate copyright info to students and faculty • Students can only retain work for the class session • No forwarding of works

DMCA • U. S. legislation • Enacted to comply with digital WIPO treaties (and DMCA • U. S. legislation • Enacted to comply with digital WIPO treaties (and went beyond those obligations) • Canada has no equivalent

DMCA • Anti-circumvention provisions - illegal to avoid technology that prevents access to a DMCA • Anti-circumvention provisions - illegal to avoid technology that prevents access to a work • password or encryption • Illegal to remove or alter copyright management info • title of work, author or copyright owner

DMCA & Libraries • May make up to 3 copies of an unpublished work DMCA & Libraries • May make up to 3 copies of an unpublished work for preservation, security or deposit for research in another library; one copy may be digital • Digital copy can only be used by the public on library’s premises

Bono Act • 1998, extension of copyright to life+70 • During last 20 years, Bono Act • 1998, extension of copyright to life+70 • During last 20 years, a library, archives or nonprofit educ’l insti. may reproduce, distribute, display or perform a work in digital form, if: – a copy cannot be obtained at a reasonable price – the work is no longer subject to commercial exploitation • Copy may be used in any manner; each library must investigate the 2 above points themselves

Digital Rights Permissions • Similar to clearing rights for traditional works (more in CCM Digital Rights Permissions • Similar to clearing rights for traditional works (more in CCM 600) • Unique features: – exclusive v. non-exclusive – obtain some non-digital rights too? – Use rights but also archive rights – payment on royalties or set fee? – protecting unauthorized uses of content

What is a License? • License (rental) v. assignment (sale) • Digital content is What is a License? • License (rental) v. assignment (sale) • Digital content is generally licensed • Licensee is subject to a set of rules/conditions under which the licensed content may be used

Key License Clauses “legal” licensor and licensee definition of content (other definitions) rights licensor Key License Clauses “legal” licensor and licensee definition of content (other definitions) rights licensor obligations (provide content/uninterrupted service) • licensee obligations (use content within terms and conditions, policing and educating users) • •

More Clauses • • payment length of license and renewal permitted uses authorized users More Clauses • • payment length of license and renewal permitted uses authorized users

Boiler Plates • • confidential information indemnity and warranties remedies dispute resolution governing law Boiler Plates • • confidential information indemnity and warranties remedies dispute resolution governing law amendments to license complete agreement

Digital License Policy • Written document • wish list v. summary of successful terms Digital License Policy • Written document • wish list v. summary of successful terms and conditions • preferred terms and conditions • license checklist (description of content, authorized uses, authorized users, jursidiction) • sample wording

DRM • Digital rights management (DRM) • Technology that controls access to content – DRM • Digital rights management (DRM) • Technology that controls access to content – encryption – password protection – watermarks

More on DRM • Example: Downloaded music -- you may be allowed to install More on DRM • Example: Downloaded music -- you may be allowed to install and play purchased songs on up to 5 computers and storage devices • Controversial – owners argue DRM is mandatory for ensuring payment for works – users argue it takes away rights available in the physical world, including fair use

Future of Digital Copyright • Is copyright dead? • Is copyright flexible? • Does Future of Digital Copyright • Is copyright dead? • Is copyright flexible? • Does copyright need revision? • Does digital copyright present different copyright management issues?

Questions? Questions?