Copyrightfair use & first sale

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Why Should Librarians Care About Copyright?

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Copyright is the legal framework under which Libraries operate.

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What You Need To Know(The good-parts version.)

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US ConstitutionArticle One: Section Eight

Congress Shall Have The Power 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;

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Creators get a limited monopoly on their work for a limited time.

After that limited time, ownership passes to the public domain.

With some adaptation, these are still the rules today.

tl;dr

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What Can Be Copyrighted?

“Fixed in a tangible medium of expression.”

Books, DVDs, computer files, napkin sketches...

Original works

Creative works

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What Cannot Be Copyrighted?

Ideas

Facts

Government documents

(Patents & trademarks are similar but not the same as copyright.)

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1. the right of reproduction (public & private)

2. the right to create derivative works (public & private)

3. the right to distribution (public)

4. the right to performance (public)

5. the right to display (public)

6. the digital transmission performance right.(public)

What does Copyright Protect?

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How Long Does Copyright Last? (US)

Anything published before 1923 is out of copyright.

For anything published after 1977 copyright lasts the life of the author + 70 years.

1923-1977: It’s complicated. 95 years, unless ...

... works for hire, unpublished, orphan works

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fairuse.stanford.edu

chillingeffects.org/fairuse/

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Copyright is Broken“I think the most important thing is to problematize

existing structures.” @CopyrightLibn Nancy Sims

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Copyright was created when the printing press was the dominant

information technology.

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Photocopiers Challenged Copyright

The Internet Broke Copyright.

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Broken Copyright LawsRules written to regulate press that cost six figures and require skilled labor to operate aren’t effective when every office has a Xerox or cassette recorder. But there is a quality distinction between “real” items and “copies.

Digital media breaks the economics of supply and demand. When there are an infinite number of perfect, free copies, what does one charge?

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First Sale & Fair Use

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First Sale:

If you own something, you call sell or lend it without the permission of the creator. (Think: cars and houses.)

Libraries own books and DVDs, thus we can lend them to our cardholding users.

First sale does not apply to digital files in most cases.

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Fair Use

the purpose and character of your use

the nature of the copyrighted work

the amount and substantiality of the portion taken,

the effect of the use upon the potential market.See more at: fairuse.stanford.edu/overview/fair-use/four-factors/

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copyright inacademe

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Code of Best Practices for Fair Use in Academic Libraries

www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf

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http://www.arl.org/storage/images/fair-use-infographic-

aug2013-1200x7050.png

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2. Nicholas Schiller

3. Marcus Hansson

13. Andrew Plumb

14. By Develop GmbH (Archiv der Develop GmbH, Langenhagen) [CC-BY-SA-3.0-de (http://creativecommons.org/licenses/by-sa/3.0/de/deed.en)], via Wikimedia Commons

14. By Jimbo Wales, Fredrik CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0/)], via Wikimedia Commons

15. Jorge Cham (c) http://www.phdcomics.com/comics/archive.php?comicid=1200

22. Nhenze (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)

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