© © Library Copyright Issues Nancy Sims, Copyright Program Librarian University of Minnesota Libraries
© © Do you own any copyrights? YES
© © If you create a work today, and die in 2035, when will the copyright in that work expire? 2105
© © How many copyrights have you infringed in the last 24 hours? At least a few
© © EASY(ISH) QUESTIONS (SUBMITTED BY YOU – THANKS!)
© • • © Internal communications In-house produced works Digitize Reformat/circulate Make new hard copies Stream online
© © hard at work c by Eric Chan/maveric 2003
© © Caveats • Works used in in-house communications that were not created in the course of employment – Personal photos (vacation, hobby, etc. ) • Works created by independent contractors • Works created by federal employees hard at work c by Eric Chan/maveric 2003
© © Statute of Limitations on Copyright?
© © “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; ” US Constitution, Art I, § 8, cl. 8 Copyrights END Some things aren’t copyrightable in the first place
© © The PUBLIC DOMAIN • Works to which copyright does NOT apply (i. e. , anyone can use them, for any purpose) – Technicalities – Dedicated by author to public domain – Copyright term expired (1923 rule of thumb, but check http: //www. librarycopyright. net/digitalslider) – Never copyrightable in the first place • U. S. Government works
© © Vulnerability to lawsuit for use of a work of uncertain provenance: As long as that work remains protected by copyright. Orphan works
© © Orphan works • Fear reduction: – Statutory damages only available for works registered before infringement detected – Most really ARE orphans • Risk reduction: – Check copyright records: http: //www. copyright. gov/records/
© © Liability for our users’ activities this is how I spend my summer c by-nc-nd Graham Blackall • 17 USC § 108 – “unsupervised use of reproducing equipment located on its premises” • Vicarious liability – Direct infringement required – Right and ability to control – Direct financial benefit
© © Guidelines
© 30 seconds or less a single cartoon spontaneous use © just one chapter 350 words or less just one movement password-protected with full and correct citation first time use
© © Fair Use Guidelines • Several different sets out there – CONTU, CONFU (1978 ish, 1997) – Cornell/AAP Guidelines (2006) • “Consensus”/Industry practice • Settlement agreements from lawsuits
© © Fair Use is breathing space in the law • Some uses are allowed, without permission, even during the term of copyright protection. This is not the droid we’re looking for c by-nc-sa Stéfan
© ©
© © To fully understand exercise your fair use rights, you have to embrace the uncertainty with the flexibility American Flag c by-nc-nd Brandi Korte
© © Alternatives to Fair Use Guidelines • Best Practices – Focused on communities/industries – Context-sensitive • http: //www. centerforsocialmedia. org/fair-use
© © No more than 5 copies per title per year “Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work. “
© © No more than 5 copies per title per year “Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work. “
© © No more than 5 copies per title per year “Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work. “
© © No more than 5 copies per title per year Is this still a good measure of "such aggregate quantities”?
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