Copyright management 101 15 4 2010 CIL

“Take not from others to such an extent and in such a manner that you would be resentful if they so took from you”– McDonald, “Non-infringing Uses,” 9 Bull.

Copyright Society 466 (1962)

Copyright Management 101

15 April 2010

Computers in Libraries

Washington, DC

Lesley Ellen Harris

Lesley@copyrightlaws.com

copyrightlaws.com

Agenda

1. What is copyright?

2. What does copyright management mean?

3. Who is responsible for managing copyright?

4. How do you ensure copyright compliance?

5. What are essential licensing clauses?

6. Can you manage fair use?

7. How can you avoid a copyright infringement suit?

8. What makes an effective Copyright Policy?

1. What is copyright?

2. What does copyright management mean?

• Dealing with day to day copyright issues• Understanding copyright issues• Mechanisms in place

– copyright resources– copyright policy

• Organized approach• Being proactive

3. Who is responsible for copyright management?

Exercise: Librarian or lawyer?

• Negotiating a license for a digital periodical

• Preparing a draft copyright policy

• Teaching copyright basics

• Interpreting fair use

4. How do you ensure copyright compliance?

• Look at the benefits of compliance:– avoid interruption of work by being ordered to stop

using a work– avoid paying large sums of money to the copyright

owner– avoid paying the copyright owners’ attorney fees

and costs (in a court case)– avoid public appearance as an unethical

organization

Facets to copyright compliance

• Copyright law has many facets -– financial– ethical– legal– managerial– confidence level

Enterprise-wide

• Librarians need support of senior management and employees at all levels

• Copyright compliance is an enterprise-wide project

5. What are essential licensing clauses?

Exercise: True or false

• A license means permanent ownership.

• Lawyers always negotiate licenses.

• Licenses must be negotiated each year.

• Not all licenses are negotiable.

• Licenses must be written by content owners.

Elements in the Licensing Process

• What content do you need?

• What is your budget?

• Who negotiates/signs?

• How do you keep track of licenses?

• Do you have consistent practises?

Learning a new language

License AssignmentLicense Agreement

Licensor Licensee Content

Privity of Contract Fair Use End-user

“Must-haves”

• Remote access• Public as users• Warranty re legal

content• 1 year license

duration

Tips for negotiating

• Be prepared• Know your goals• Ask questions• Never threaten• Select your

surroundings• Know the other side

• Listen carefully• Communicate

clearly• Take notes• Stay focused• Watch body

language• Know when to break

or walk away

Managing Licenses

• Selecting, acquiring and managing digital content

• Coordinating license negotiations and renewals

• Coordinating efforts with consortia

• Managing multiple licenses– Database

More…

• Liaison with vendors

• Creating licensing and copyright policies

• Developing training and ensuring license compliance

• Answering licensing questions

• Following news, trends and advocacy

Standard practices• Learn as much as you can about licensing• Know your needs• Read licenses• Ask questions• Understand obligations• Use written licenses• Use plain English language• Cover all issues• Educate about your licenses• Be creative, flexible and patient• Know when to walk away

6. Can you manage fair use?

• “Fair use is both an extraordinary opportunity and a source of constant confusion”

• Professor Kenneth Crews

Fair Use

• Must be for: criticism, comment, news reporting, teaching (multiple copies), scholarship or research

• Purpose of use

• Nature of work

• Amount copied

• Effect upon potential market

7. How can you avoid a copyright infringement suit?

8. What makes an effective Copyright Policy?

Education

• Seize every opportunity

• Resources

• Formal presentations/seminars

• Speakers, one on ones

Questions?

Lesley Ellen Harris

Lesley@copyrightlaws.com

http://copyrightlaws.com