Copyright Basics What Library Folks Really Oughta Know

Copyright Basics: What Library Folks Really Oughta Know Massachusetts Library System Wednesday Jan 16, 2013 at 12: 00 PM Presented by Mary Minow, J. D. , A. M. L. S. Library. Law. com

Legal Disclaimer • Legal information • Not legal advice!

Agenda Introduction Penalties, Flow Chart Library Copyright Preservation, Interlibrary loan Storytimes, films … a public performance? Content you can use Protect yourself from users Next time: Hot issues – ebooks, first sale, orphan works

Introduction: Penalties Registered © owners can sue for $750 -$30, 000 per infringement willful up to $150, 000; innocent as low as $200 17 U. S. C. § 504

Introduction: Penalties Registered © owners can sue for $750 -$30, 000 per infringement willful up to $150, 000; innocent as low as $200 Staff, volunteers at libraries, nonprofit educational institution that show reasonable FAIR USE analysis $0 17 U. S. C. § 504

Sample Cease and Desist Letters Chillingeffects. org Joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics. Sample cease and desist letters, explanations

Flow Chart – May I Use Work? Public Domain If no Specific Exception If no Fair Use If no Get Permission

Library Copyright 17 U. S. C. Sect. 108 Good bedtime reading Three pages Permits Interlibrary Loan, Preservation and Replacements Patron Photocopiers (with signage) Photo by purplemattfish CC BY-NC-ND 2. 0 http: //www. flickr. com/photos/purplemattfish/3725589228/ Print Disabled http: //www. law. cornell. edu/uscode/text/17/108

LIBRARY COPYRIGHT Who is a Section 108 “Library”? Open to public OR Specialized nonaffiliated researchers 17 U. S. C. Sect. 108 (a)(2)

Know Library Rights Before Negotiating Licenses Interlibrary Loan One article or small selection *becomes property of user *no notice other than for private study, scholarship, research Entire work or substantial part same as above and *reasonable investigation shows library cannot buy copy at fair price 17 U. S. C. Sec. 108 (d) and (e)

May NOT Copy for ILL Sheet Music Graphic Audiovisual Works 17 U. S. C. Sect. 108(i)

Preservation and Replacements Unpublished: Original in your library May make 3 Copies Published: Replace Damaged, Lost, Obsolete Format Unavailable at fair price May make 3 copies Can’t put on Web

Interlibrary Loan and User Requests (1) copy must become property of user library must not have notice that it will be used other than private study, scholarship, or research and (2) library must prominently display at place orders are accepted and on order forms warning of copyright- See 37 CFR § 201. 14 37 CFR 201. 14 - Warnings of copyright for use by certain libraries and archives

Is Library Responsible When Users Use Our Equipment to Make Copies? 17 U. S. C. Sec. 108 (f)(1)

No, Not if NOTICE Displayed Not responsible for unsupervised “reproducing equipment” Sample wording copiers, printers, scanners, usb ports The copyright law of the United States (Title 17, U. S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is responsible for any infringement. 17 U. S. C. Sec. 108 (f)(1)

Patrons with Print Disabilities Copyright specific exception (Section 121) ”Chafee amendment” Authorized entity may copy and distribute published works (except plays) Specialized format no notice of further distribution Library of Congress Fact Sheet http: //www. loc. gov/nls/reference/factsheets/copyright. html 17 U. S. C. Sect. 121

2 million DAISY format books Openlibrary. org National Library Service for the Blind and Physically Handicapped (NLS) users qualify. plus 150, 000 modern ebooks http: //openlibrary. org/subjects/accessible_book 17 U. S. C. Sec. 121

Storytime, Films, Music ying music owing films, pla-face instruction Sh -to allowed for face 10(1) 17 U. S. C. Sect. 1 SE analysis Or make FAIR U Music: licenses AP / BMI/ SESAC ASC g USA o: Movie Licensin Vide

Fair Use TE LUA d use EVA an em ch it Ea See also FAIR USE CHECKLIST http: //copyright. columbia. edu/ copyright/fair-use-checklist/

Content You Can Use REPUTABLE SOURCES http: //www. nolo. com/products/the-public-domain-PUBL. html

www. openclipart. org Dedicated to public domain CC 0 Public Domain Dedication

EXPIRED For OLD works, check to see if public domain Peter Hirtle Chart Life + 70 years www. copyright. cornell. edu/public_domain/

http: //farm 7. staticflickr. com/6022/5929814872_158 e 1 bb 716_o. jpg

http: //www. infopeople. org/training/finding-legally-safe-music-and-videos

creativecommons. org sed licen r use you for

Abide by License Terms CC Creative Commons License BY Attribution NC Non. Commercial SA Share Alike ND No Derivatives (no translations etc. ) http: //creativecommons. org/licenses/by-sa/2. 0/deed. en

“police officer” Photo by Face. Me. PLS CC BY 2. 0 http: //www. flickr. com/photos/facem e/393896393/ http: //www. flickr. com/photos/faceme/393896393/

http: //www. google. com/advanced_image_search

Library as Copyright Owner Register copyright online $35 • • • Protection upon creation in fixed format…. But to get $$$ need to register, must timely register (within 3 months of publication or before infringement begins) http: //www. copyright. gov

Get Permission www. nolo. com/products/getting-permission-RIPER. html

Charts and Tools at Stanford Fair Use fairuse. stanford. edu/

Protect yourself from users Copyright Agent Designate agent to receive complaints File simple form with Copyright Office Put agent contact info on website … Protects library from lawsuits $105 one time fee Photo by Face. Me. PLS CC BY 2. 0 http: //www. flickr. com/photos/facem e/393896393/

Example: St. Paul Public Library $105 One page form www. copyright. gov/onlinesp Has your institution filed? Check directory http: //www. copyright. gov/onlinesp/list/a_agents. html

Example Website Language: Hershey Community Archives http: //www. hersheyarchives. org/legal/terms-of-use. aspx

If You Get a Takedown Request Go back to Chilling. Effects. org

Review Introduction Penalties, Flow Chart Library Copyright Preservation, Interlibrary loan Storytimes, films … a public performance? Content you can use Protect yourself from users Next time: Hot issues – ebooks, first sale, orphan works

Come Back! Wed nesd Jan. noon ay 30

Questions? Thanks for making it to the end!