©© ©

Library Copyright Issues

Nancy Sims, Copyright Program LibrarianUniversity 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/maveric2003

©© ©

hard at work c by Eric Chan/maveric2003

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

©© ©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

• 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

this is how I spend my summer c by-nc-nd Graham Blackall

©© ©

Guidelines

©© ©

spontaneous use

first time use

password-protected

30 seconds or less

350 words or less

just one chapter

a single cartoon

with full and correct citation

just one movement

©© ©Fair Use Guidelines

• Several different sets out there– CONTU, CONFU (1978ish, 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 and 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”?