basic copyright for children’s librarians rebekah haithcock slis 5505- dr. mayo assignment #10

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Basic copyright Basic copyright for children’s for children’s librarians librarians Rebekah Haithcock Rebekah Haithcock SLIS 5505- Dr. Mayo SLIS 5505- Dr. Mayo Assignment #10 Assignment #10

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Page 1: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Basic copyright Basic copyright for children’s for children’s

librarianslibrariansRebekah HaithcockRebekah Haithcock

SLIS 5505- Dr. MayoSLIS 5505- Dr. Mayo

Assignment #10Assignment #10

Page 2: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

DisclaimerDisclaimer

If all copyright owners’ rights were If all copyright owners’ rights were always enforced, we would all be in jail.always enforced, we would all be in jail.

Copyrights aren’t absolute. A lot of it Copyrights aren’t absolute. A lot of it is in interpretation, and there are is in interpretation, and there are exceptions.exceptions.

I and my colleagues have broken I and my colleagues have broken copyright on numerous occasions, and copyright on numerous occasions, and none of it was intentional. (We just none of it was intentional. (We just didn’t know any better!)didn’t know any better!)

Page 3: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

RationaleRationale

The fundamental reason why librarians should The fundamental reason why librarians should know and care about copyright: As a profession, know and care about copyright: As a profession, we value equal access to information, the we value equal access to information, the privacy rights of users, the free flow of privacy rights of users, the free flow of information, and preservation of the cultural information, and preservation of the cultural record- grand ideas that are affected by record- grand ideas that are affected by copyright law and other information policiescopyright law and other information policies

It’s basically about monitoring the balance of It’s basically about monitoring the balance of user rights (equal access to information) and user rights (equal access to information) and creator’s rights (we want people to continue to creator’s rights (we want people to continue to create and be rewarded for that).create and be rewarded for that).

Page 4: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Intellectual Property (IP)Intellectual Property (IP) Definition: intangible creations of the mind Definition: intangible creations of the mind

that can be legally protected. IP has no that can be legally protected. IP has no physical form- it’s not the machine itself, but physical form- it’s not the machine itself, but the invention/process/ aesthetic expression the invention/process/ aesthetic expression embodied in itembodied in it

4 intangible IP assets and their protections:4 intangible IP assets and their protections:

inventions (patents)inventions (patents)

formula and process (trade secrets)formula and process (trade secrets)

brand name (trademark)brand name (trademark)

expression of an artist’s talents expression of an artist’s talents (copyright)(copyright)

Page 5: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

BackgroundBackground

George Washington signed the first George Washington signed the first copyright lawcopyright law

Copyright is regulated by federal Copyright is regulated by federal law. State courts have no law. State courts have no jurisdiction over copyright issues.jurisdiction over copyright issues.

The U.S. later signed the Berne The U.S. later signed the Berne convention, a worldwide treaty by convention, a worldwide treaty by which nations agreed to abide by which nations agreed to abide by each others’ copyright laws.each others’ copyright laws.

Page 6: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

BackgroundBackground U.S. Constitution, article 1, Section 8: “The Congress shall have the U.S. Constitution, article 1, Section 8: “The Congress shall have the

power… to promote the Progress of Science and useful Arts, by securing power… to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries.”respective Writings and Discoveries.”

If we deconstruct the clause, we can identify its key points: It is If we deconstruct the clause, we can identify its key points: It is important that science and the arts be encouraged, that the creation and important that science and the arts be encouraged, that the creation and dissemination of knowledge is the purpose of copyright, Congress is dissemination of knowledge is the purpose of copyright, Congress is granted the power to encourage creation of new works (but only via a granted the power to encourage creation of new works (but only via a very specific method, by granting authors and inventor exclusive rights), very specific method, by granting authors and inventor exclusive rights), Rights granted should be for a limited time, that authors and inventors Rights granted should be for a limited time, that authors and inventors benefit from copyright is a side effect of encouraging the dissemination of benefit from copyright is a side effect of encouraging the dissemination of knowledge (and not a direct intent of copyright), the rights of authors knowledge (and not a direct intent of copyright), the rights of authors and inventors are granted by Congress and are not intrinsic or naturaland inventors are granted by Congress and are not intrinsic or natural

If you want more insight into the point of view of the original authors of If you want more insight into the point of view of the original authors of this law, you should know that early English copyright laws were based this law, you should know that early English copyright laws were based almost entirely on monopoly control and censorship. The crown feared almost entirely on monopoly control and censorship. The crown feared that anyone who had access to a printing press could publish materials that anyone who had access to a printing press could publish materials that might be critical to the crown, so it decreed that a special license that might be critical to the crown, so it decreed that a special license was necessary to publish a work, and this was only available through the was necessary to publish a work, and this was only available through the Stationers’ Company, who censored undesirable publications in return Stationers’ Company, who censored undesirable publications in return for their monopoly over publishing. In 1710, the Statute of Anne brought for their monopoly over publishing. In 1710, the Statute of Anne brought about the idea of public domain.about the idea of public domain.

Page 7: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Defining copyrightDefining copyright

A copyright is a temporary right giving a A copyright is a temporary right giving a creative person exhaustive control over the creative person exhaustive control over the use of an original work of authorship (OWA)- use of an original work of authorship (OWA)- a textual, graphic, plastic, musical, dramatic, a textual, graphic, plastic, musical, dramatic, audio, or visual creationaudio, or visual creation

Examples: Any writing (including computer Examples: Any writing (including computer programs), a drawing, painting, or computer-programs), a drawing, painting, or computer-generated image, a sculpture, an generated image, a sculpture, an architectural design, a song, symphony, or architectural design, a song, symphony, or opera, a play, a photo, a video/audio opera, a play, a photo, a video/audio productionproduction

Page 8: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

4 basic parts of OWA4 basic parts of OWA

1. Fixed creation of the mind- must be the 1. Fixed creation of the mind- must be the result of creativity, originating in the result of creativity, originating in the author’s mind and not merely a discovery of author’s mind and not merely a discovery of something that already exists.something that already exists.

2. Substantial and nontrivial mental 2. Substantial and nontrivial mental activity- must have significant complexity, activity- must have significant complexity, scope, length, or duration (which is why scope, length, or duration (which is why slogans, titles, and 2-verse poems don’t slogans, titles, and 2-verse poems don’t make it). Sounds are measured with a make it). Sounds are measured with a shorter yardstick, so a measure will suffice. shorter yardstick, so a measure will suffice. (Think Beethoven’s 5(Think Beethoven’s 5thth symphony) symphony)

Page 9: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

4 basic parts of OWA4 basic parts of OWA

3. A nonfunctional creation- meaning not 3. A nonfunctional creation- meaning not primarily functional, like an architect’s primarily functional, like an architect’s drawing guides the construction of a building, drawing guides the construction of a building, which has a function, but the function is when which has a function, but the function is when the drawing is used to build it, not the the drawing is used to build it, not the drawing itself. The ornamental design, like of drawing itself. The ornamental design, like of a belt buckle can be copyrighted because it is a belt buckle can be copyrighted because it is not a primarily functional element.not a primarily functional element.

4. Original work- does not have to be new or 4. Original work- does not have to be new or innovative, just that it was independently innovative, just that it was independently created and wasn’t copied.created and wasn’t copied.

Page 10: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

8 categories of OWAs (a 8 categories of OWAs (a work may fit into work may fit into

categories): categories): 1. Literary works-any written or recorded sequence 1. Literary works-any written or recorded sequence

of words, numbers, or symbols, including the of words, numbers, or symbols, including the instructions that constitute a computer program.instructions that constitute a computer program.

2. Musical works-all musical compositions and their 2. Musical works-all musical compositions and their accompanying lyricsaccompanying lyrics

3. Dramatic works- Any work of spoken word, 3. Dramatic works- Any work of spoken word, including music, to be performed by one or more including music, to be performed by one or more characterscharacters

4. Pictorial, graphic, and sculptural works- 2/3 4. Pictorial, graphic, and sculptural works- 2/3 dimensional works of fine, graphic, and applied art, dimensional works of fine, graphic, and applied art, including photographs, prints, art reproductions, including photographs, prints, art reproductions, maps, globes, charts, diagrams, models, technical maps, globes, charts, diagrams, models, technical drawings, and architectural plans.drawings, and architectural plans.

Page 11: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

8 categories of OWAs (a 8 categories of OWAs (a work may fit into work may fit into

categories):categories): 5. Pantomimes and choreographic works- any 5. Pantomimes and choreographic works- any

non-vocal performancenon-vocal performance 6. Motion pictures and other audiovisual works- 6. Motion pictures and other audiovisual works-

works that consist of a series of images together works that consist of a series of images together with sound to be shown with a machinewith sound to be shown with a machine

7. Sound recording works- works that result 7. Sound recording works- works that result from the fixation of a series of musical, spoken, from the fixation of a series of musical, spoken, or other soundsor other sounds

8. Architectural works- building designs that are 8. Architectural works- building designs that are embodied in any tangible medium of expressionembodied in any tangible medium of expression

Page 12: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

MoreMore Transitory works aren’t protected by copyright Transitory works aren’t protected by copyright

(unrecorded improvised speeches, radio/TV (unrecorded improvised speeches, radio/TV broadcasts, dramatic and choreographic broadcasts, dramatic and choreographic performances)performances)

As soon as the work is shown in a perceptible As soon as the work is shown in a perceptible and reproducible form, it is copyrighted. If, and reproducible form, it is copyrighted. If, however, you want to sue someone for however, you want to sue someone for infringement, or someone sues you, you need infringement, or someone sues you, you need to prove that it is actually your original work. to prove that it is actually your original work. So make it official- apply for a registration of So make it official- apply for a registration of your copyright with the copyright office and your copyright with the copyright office and submit a copy of your creation as proof of your submit a copy of your creation as proof of your authorship.authorship.

Page 13: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

What can you copyright?What can you copyright?

You can’t copyright ideas, concepts, You can’t copyright ideas, concepts, systems, procedures, principles, methods, systems, procedures, principles, methods, or discoveries. It protects the original or discoveries. It protects the original expressionexpression of the idea, not the idea itself. of the idea, not the idea itself.

Names, titles, slogans, and short phrases Names, titles, slogans, and short phrases are not considered substantial enough to are not considered substantial enough to deserve copyright protection. A limerick of deserve copyright protection. A limerick of other short poem will pass the threshold. In other short poem will pass the threshold. In music, a single original measure may have music, a single original measure may have enough substance. A simple line drawing enough substance. A simple line drawing does, too.does, too.

Page 14: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

ExampleExample

Pinocchio, the original tale, is in the Pinocchio, the original tale, is in the public domain (by Carlo Collodi). public domain (by Carlo Collodi). Yet Disney sued animation studio for Yet Disney sued animation studio for copyright infringement because they copyright infringement because they used storyboards and models similar used storyboards and models similar to Disney’s version. The court ruled to Disney’s version. The court ruled in their favor.in their favor.

Page 15: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

What can prevent me from What can prevent me from obtaining a copyright?obtaining a copyright?

When a company hires employees or When a company hires employees or commission independent contractors for commission independent contractors for work, the employee will need written work, the employee will need written and signed agreements stating that any and signed agreements stating that any technological advancement or original technological advancement or original work of authorship that results form work of authorship that results form their employment or commission their employment or commission belongs to the employee. Otherwise, the belongs to the employee. Otherwise, the company owns all employee creations. company owns all employee creations. (Starbucks example)(Starbucks example)

Page 16: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

6 Rights of the creator 6 Rights of the creator (what a work is protected (what a work is protected

from)from) Reproduction (copies)Reproduction (copies) Adaptation/derivative worksAdaptation/derivative works Distribution of copies by sale, gift, Distribution of copies by sale, gift,

rental, lease, or lendingrental, lease, or lending Public performance of the workPublic performance of the work Public display (literary, dance, Public display (literary, dance,

sculpture, image)sculpture, image) Digital audio transmission of sound Digital audio transmission of sound

recordingsrecordings

Page 17: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Am I violating someone’s Am I violating someone’s copyright?copyright?

It is copyright infringement to: copy a picture bought It is copyright infringement to: copy a picture bought by a photographer (unless they transfer the by a photographer (unless they transfer the copyright to you), download pirated software, install copyright to you), download pirated software, install a legitimate copy of software without a license, and a legitimate copy of software without a license, and use copyrighted popular music as background for use copyrighted popular music as background for you home/school video production you home/school video production

Permission must be granted by the owner of Permission must be granted by the owner of copyright to: do a video derivative of a novel, take a copyright to: do a video derivative of a novel, take a photograph of a statue (but other architectural work photograph of a statue (but other architectural work is permitted), modify a computer program to make it is permitted), modify a computer program to make it compatible with different hardware/software, or compatible with different hardware/software, or make a puppet from a cartoon character.make a puppet from a cartoon character.

It is illegal to distribute photocopies of a newspaper It is illegal to distribute photocopies of a newspaper articlearticle

Page 18: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

How do I investigate How do I investigate copyright status?copyright status?

Works from 1978 until present can be Works from 1978 until present can be searched online. However, if the searched online. However, if the copyright is older than that, the cards copyright is older than that, the cards will have to be searched manually in will have to be searched manually in the Library of Congress building. the Library of Congress building. They will do this for a fee of $65 an They will do this for a fee of $65 an hour, which can take months, or you hour, which can take months, or you can hire someone from a searching can hire someone from a searching firm for a better response time.firm for a better response time.

Page 19: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Aren’t older works in the public Aren’t older works in the public domain?domain?

Chart from Chart from Complete copyright Complete copyright by Carrie Russell, p.10 by Carrie Russell, p.10Type of publication in Type of publication in U.S.U.S.

ConditionsConditions Public domain statusPublic domain status

Before 1923Before 1923 nonenone In public domainIn public domain

Between 1923-1978Between 1923-1978 Published without a Published without a copyright noticecopyright notice

In public domainIn public domain

Between 1978-March 1 Between 1978-March 1 19891989

Published without a Published without a notice, and without notice, and without subsequent registrationsubsequent registration

In public domainIn public domain

Between 1978-March 1 Between 1978-March 1 19891989

Published without Published without notice, but with notice, but with subsequent registrationsubsequent registration

70 years after death of 70 years after death of author. If corporate author. If corporate author, shorter of 95 author, shorter of 95 years from publication years from publication or 120 years from or 120 years from creationcreation

Between 1923-1963Between 1923-1963 Published with notice Published with notice but copyright was not but copyright was not renewedrenewed

In public domainIn public domain

Between 1923-1963Between 1923-1963 Published with notice Published with notice and copyright was and copyright was renewedrenewed

95 years from 95 years from publication datepublication date

Between 1964-1978Between 1964-1978 Published with noticePublished with notice 70 years after death of 70 years after death of author, If corporate author, If corporate author, shorter of 95 author, shorter of 95 years from publication years from publication or 120 years from or 120 years from creationcreation

Between 1978- March 1 Between 1978- March 1 19891989

Published with noticePublished with notice ““

After March 1 1989After March 1 1989 nonenone ““

Page 20: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

What if it went What if it went unpublished?unpublished?

chart from chart from Complete copyrightComplete copyright by Carrie Russell, p. 14 by Carrie Russell, p. 14

Type of workType of work Copyright Copyright termterm

What became What became public on public on Y2K+3Y2K+3

Authored workAuthored work Author’s life+70 Author’s life+70 yearsyears

Works from authors Works from authors who died before who died before 19331933

Works for hire, Works for hire, corporate corporate authorship, authorship, anonymous and anonymous and pseudonympseudonym

120 years from 120 years from date of creationdate of creation

Works created Works created before 1883before 1883

Created before Created before 1978 but published 1978 but published before Y2K+3before Y2K+3

Author’s life+ 70 Author’s life+ 70 years or Dec. 31 years or Dec. 31 2047, whichever is 2047, whichever is greatergreater

On January 1, 2048, On January 1, 2048, these will enter these will enter public domainpublic domain

Created before Created before 1978 but published 1978 but published after Y2K+3after Y2K+3

Author’s life +70 Author’s life +70 yearsyears

Works of authors Works of authors who died before who died before 19331933

Death date of Death date of author unknownauthor unknown

120 years from 120 years from date of creationdate of creation

Works created Works created before 1883before 1883

Page 21: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Copyright exemptions (to Copyright exemptions (to limit rights of the limit rights of the

copyholder)copyholder) First sale doctrine- After you sell or otherwise First sale doctrine- After you sell or otherwise

transfer a copy or recording of your transfer a copy or recording of your copyrighted work, you cannot prevent the copyrighted work, you cannot prevent the resale or transfer of that copy and you cannot resale or transfer of that copy and you cannot continue to collect a fee/royalty every time it continue to collect a fee/royalty every time it changes hands.changes hands.

Fair use allows others to use your copyrighted Fair use allows others to use your copyrighted work (published or unpublished) without your work (published or unpublished) without your permission for the following purposes: permission for the following purposes: reviews or criticisms of the work, news reviews or criticisms of the work, news reporting, teaching, scholarship, and researchreporting, teaching, scholarship, and research

Page 22: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

4 factors for deciding 4 factors for deciding fair usefair use

1. Character/ Purpose of use: Is it 1. Character/ Purpose of use: Is it educational?educational?

2. Nature/ Value of work- Is it a dime store 2. Nature/ Value of work- Is it a dime store novel?novel?

3. Percentage/Portion used in relation to 3. Percentage/Portion used in relation to entire work (one page of novel ≠ a one-entire work (one page of novel ≠ a one-page poem)page poem)

4. Effect upon the market4. Effect upon the market Libraries may determine that if the first 3 Libraries may determine that if the first 3

factors show that a use is clearly fair, the factors show that a use is clearly fair, the fourth factor does not weigh as heavily.fourth factor does not weigh as heavily.

Page 23: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

More exemptionsMore exemptions

Teachers can perform/display a copyright Teachers can perform/display a copyright work for their students in a face-to-face (not work for their students in a face-to-face (not distance) learning activity in the classroom of distance) learning activity in the classroom of a nonprofit educational institution.a nonprofit educational institution.

Public librarians and archivists may Public librarians and archivists may reproduce and distribute one copy of a reproduce and distribute one copy of a copyrighted work for a non-commercial copyrighted work for a non-commercial purpose, providing that a notice of copyright purpose, providing that a notice of copyright appears on the reproduced copy. They also appears on the reproduced copy. They also may make up to 3 copies for preservation or may make up to 3 copies for preservation or security deposit.security deposit.

Page 24: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Making copies…Making copies… If the original work includes a formal notice, write or If the original work includes a formal notice, write or

stamp the following statement: “The work from stamp the following statement: “The work from which this copy was made included the following which this copy was made included the following copyright notice:”copyright notice:”

If not, a legend such as: “The work from which this If not, a legend such as: “The work from which this copy was made did not include a formal copyright copy was made did not include a formal copyright notice. This work may be protected under U.S. notice. This work may be protected under U.S. copyright law (Title 17, U.S. Code), which governs copyright law (Title 17, U.S. Code), which governs reproduction, distribution, public display, and certain reproduction, distribution, public display, and certain other uses of protected works. Uses may be allowed other uses of protected works. Uses may be allowed with permission from the rights holder, or if the with permission from the rights holder, or if the copyright on the work has expired, or if the use is copyright on the work has expired, or if the use is “fair use” or within another exemption. The user of “fair use” or within another exemption. The user of this work is responsible for determining lawful uses.this work is responsible for determining lawful uses.

Page 25: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Making copies…Making copies… Making copies of a newspaper article to Making copies of a newspaper article to

pass onto your colleagues is unlawful use, pass onto your colleagues is unlawful use, because they are not your studentsbecause they are not your students

Libraries may make copies of documents for Libraries may make copies of documents for preservation purposespreservation purposes

Libraries also can make a copy when Libraries also can make a copy when replacing a work that is damaged, lost, or replacing a work that is damaged, lost, or stolen, or if the format has been obsolete, stolen, or if the format has been obsolete, and the library conducts a reasonable and the library conducts a reasonable investigation to conclude that an unused investigation to conclude that an unused replacement cannot be obtained at a fair replacement cannot be obtained at a fair price.price.

Page 26: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

VideosVideos

Tied to curriculum in schools (no Tied to curriculum in schools (no reward movies)reward movies)

Taping TV- 10 days to watch, 45 to Taping TV- 10 days to watch, 45 to destroy destroy

Page 27: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Powerpoint/ music clipsPowerpoint/ music clips

Even though something is shared on the Even though something is shared on the Internet for all to see, it is still copyrighted. Internet for all to see, it is still copyrighted. Using someone else’s powerpoint Using someone else’s powerpoint presentation without permission is a presentation without permission is a violation of their rights. Credit should be violation of their rights. Credit should be given to the creators of any pictures or song given to the creators of any pictures or song clips used in a powerpoint.clips used in a powerpoint.

To find out if a song is in the public domain, To find out if a song is in the public domain, http://www.pdinfo.com/list.phphttp://www.pdinfo.com/list.php can help. can help.

Page 28: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

WebsitesWebsites The lack of copyright notice on a website The lack of copyright notice on a website

does not put it in the public domaindoes not put it in the public domain However, the four factors could tip using However, the four factors could tip using

certain materials from websites, such as the certain materials from websites, such as the fact that the owner is not seeking to secure fact that the owner is not seeking to secure any potential revenue from the user directlyany potential revenue from the user directly

When placing materials/excerpts on your When placing materials/excerpts on your own website, restricting use to students by own website, restricting use to students by requiring a password to enter or some sort requiring a password to enter or some sort of verification will tip the 4 factors in your of verification will tip the 4 factors in your favorfavor

Page 29: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

WebsitesWebsites The shorter the excerpt, the betterThe shorter the excerpt, the better Limiting access to one semester makes the Limiting access to one semester makes the

case for a limited effect on the marketcase for a limited effect on the market Place a notice on your site just in case: Place a notice on your site just in case:

“These materials are made available at “These materials are made available at this site for the education purposes of this site for the education purposes of students enrolled in my class at students enrolled in my class at _______________. The materials are subject _______________. The materials are subject to U.S. Copyright law and are not for to U.S. Copyright law and are not for further reproduction or transmission.further reproduction or transmission.

Page 30: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Where to find “safe” stuffWhere to find “safe” stuff

http://creativecommons.org/http://creativecommons.org/ is a search is a search engine that incorporates google web, engine that incorporates google web, google image, flickr, blip(video), google image, flickr, blip(video), jamendo(music), and Spinxpress(media) jamendo(music), and Spinxpress(media) which gives the option to search only which gives the option to search only pages that are free to use, share, or pages that are free to use, share, or modify, even commercially.modify, even commercially.

http://www2.cpdl.org/wiki/http://www2.cpdl.org/wiki/ for choral for choral sheet musicsheet music

Page 31: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Public performancePublic performance Dramatic literary and musical works (stage Dramatic literary and musical works (stage

plays, opera, and musical theatre) require plays, opera, and musical theatre) require certain licenses to perform. Admission can certain licenses to perform. Admission can only be charged if all proceeds, after deducting only be charged if all proceeds, after deducting reasonable costs of production, are used reasonable costs of production, are used exclusively for educational, religious, or exclusively for educational, religious, or charitable purposes.charitable purposes.

Non-dramatic literary and musical works Non-dramatic literary and musical works (reading from prose and poetry, folk music, (reading from prose and poetry, folk music, symphonies) are allowed. This means that a symphonies) are allowed. This means that a storytime or a talent show put on at the public storytime or a talent show put on at the public library would be fine, as long as there is no library would be fine, as long as there is no dramatic material.dramatic material.

Page 32: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Interlibrary loanInterlibrary loan

A digital copy of preserved material may not A digital copy of preserved material may not be sent to another library via interlibrary be sent to another library via interlibrary loanloan

When sending another library a paper copy, When sending another library a paper copy, be sure to put a copyright notice on it.be sure to put a copyright notice on it.

The CONTU (National Commission on New The CONTU (National Commission on New Technological uses of copyrighted works) Technological uses of copyrighted works) allows a library to receive up to 5 copies of allows a library to receive up to 5 copies of articles from the recent 5 years of a journal articles from the recent 5 years of a journal title during one calendar year. Journal title during one calendar year. Journal articles older than 5 years are not limited.articles older than 5 years are not limited.

Page 33: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Student workStudent work

Students own copyright on the Students own copyright on the works they create for class. works they create for class. However, as most public school However, as most public school students are minors, their students are minors, their parent/legal guardian must grant parent/legal guardian must grant permission in writing for schools to permission in writing for schools to use this work in publications, use this work in publications, exhibits, and other public avenuesexhibits, and other public avenues

Page 34: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

Asking for permissionAsking for permission

Compose a letter which includes: 1. Compose a letter which includes: 1. a thorough description of the a thorough description of the material to be used, 2. a detailed material to be used, 2. a detailed explanation of how it will be used, explanation of how it will be used, and 3. a place for the recipient to and 3. a place for the recipient to sign that permission is granted. sign that permission is granted.

Silence is not permissionSilence is not permission Some copyright owners will request Some copyright owners will request

a feea fee

Page 35: Basic copyright for children’s librarians Rebekah Haithcock SLIS 5505- Dr. Mayo Assignment #10

What are the penalties of What are the penalties of copyright infringement?copyright infringement?

A copyright owner can seek statutory A copyright owner can seek statutory damages of up to $30,000 per work infringed damages of up to $30,000 per work infringed ($150,000 for willful infringment). A violator ($150,000 for willful infringment). A violator can also receive criminal liability (felony).can also receive criminal liability (felony).

To date, no library has been taken to court, To date, no library has been taken to court, but they might have been fined, settled out of but they might have been fined, settled out of court or received “cease and desist” letters. court or received “cease and desist” letters. Since there are no public records for out-of-Since there are no public records for out-of-court settlements, we don’t know. There are court settlements, we don’t know. There are no letters involving libraries on no letters involving libraries on chillingeffects.org, a copyright clearinghouse.chillingeffects.org, a copyright clearinghouse.

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How do I register my own How do I register my own work?work?

Go to Go to http://www.copyright.gov/http://www.copyright.gov/ and and register with the online system. A register with the online system. A basic registration costs $35.basic registration costs $35.

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ConclusionConclusion

Again, copyrights are not absoluteAgain, copyrights are not absolute Inconsistencies: cookbooks vs. Inconsistencies: cookbooks vs.

worksheetsworksheets Takeaway: place a notice by your Takeaway: place a notice by your

copy machine, stamp copies with copy machine, stamp copies with notices, attempt to use “safe” notices, attempt to use “safe” images and clips, videos and article images and clips, videos and article copying are the ones that stand out copying are the ones that stand out as being strictas being strict

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References consultedReferences consulted

Crews, K.D. (2000). Copyright essentials for Crews, K.D. (2000). Copyright essentials for librarians and educators. Chicago: ALA.librarians and educators. Chicago: ALA.

Jensen, M.B. (1996). Does your project have Jensen, M.B. (1996). Does your project have a copyright problem? A decision- making a copyright problem? A decision- making guide for librarians. Jefferson, NC: guide for librarians. Jefferson, NC: McFarland.McFarland.

Lipinski, T.A. (2006). The complete Lipinski, T.A. (2006). The complete copyright liability handbook for librarians copyright liability handbook for librarians and educators. New York: Neal-Schuman.and educators. New York: Neal-Schuman.

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References consultedReferences consulted

Russell, C. (2004). Complete copyright: Russell, C. (2004). Complete copyright: an everyday guide for librarian. ALA.an everyday guide for librarian. ALA.

Simpson, C. (2001). Copyright for Simpson, C. (2001). Copyright for schools: a practical guide, 3schools: a practical guide, 3rdrd ed. ed. Worthington, OH: Linworth.Worthington, OH: Linworth.

Talab, R.S. (1999). Commonsense Talab, R.S. (1999). Commonsense copyright: a guide for educators and copyright: a guide for educators and librarians, 2librarians, 2ndnd ed. Jefferson, NC: ed. Jefferson, NC: McFarland.McFarland.