Copyright Issues Relating to Web 2 0 and

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 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 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 + 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 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 - DMCA • 1998 - Sonny Bono Act • 2002 - The TEACH Act

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 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 to end user • Implied consent? Fair use/dealing?

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 that page • Implied consent? Fair use/dealing?

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 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 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 holder

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 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 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 you need permission to retweet? Or otherwise copy the tweet?

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 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 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 -- 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 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 fair use defense • With permission of the copyright holder

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 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 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 went beyond those obligations) • Canada has no equivalent

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 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, 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 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 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 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

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 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 – encryption – password protection – watermarks

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 copyright need revision? • Does digital copyright present different copyright management issues?

Questions?