your library copyright in
TRANSCRIPT
This is not legal advice
Please consult a Copyright Lawyer
Copyright Overview
• Digital Content is easy to redistribute without thinking
• License Agreements always take precedence over Copyright Law
• Internet content is covered by Copyright Law
• Accessibility provision for disabled individuals
(МихаилБанчев, 2016)
OverviewOverview
Does NOT Protect● Ideas
● Facts
● History
● News
Protect the expression of an idea
Automatic Protection* Originality
* Fixed Format
* Minimally Creative
Legislation
● 1976 US Copyright Law● 1988 Berne Convention● 1998 DMCA &
Sonny Bono Act● 2002 Teach Act
(Hombal, & Prasad, 2012)
Copyright BasicsBasics
DRM - Digital Rights Management● Protects digital content from
redistribution or other copyright violations
Digital Content
● Copy for Archival purposes only
● Cannot backup any downloaded
digital content or other
copyrighted works
(PeteLinforth, 2015)
You cannot circumvent technical security measures.
Bits & Bytes
● Managing own digital content
● Managing the rights of the content and keeping it connected to the content
● Publishers & vendors are trying to protect themselves from piracy and infringement
● Vendors retain control over access to materials
● DRM restricts access to content to protect the owner’s rights
● Fair Use may apply
(Hombal, & Prasad, 2012)
Library IssuesLibrary Issues
1. Can you caption a video you don’t own the rights to?
2. Can a library scan an article from a print journal in its
collection?
3. I’ve authored an OER textbook & want to allow
people to use it for free, but ask permission. Can I
require that?
4. Am I covered as long as I give credit to the content
I’m using?
https://forms.gle/EtzuCm7T9H3Qf1LD6
QuestionsPonderings
Working Within the Law
Licenses or Contracts
ALWAYS
take Precedence
in
Copyright Cases
(Bykst, 2016.)Libraries can only use the material according to
license specifications.
Licensed Content
Creative Commons
(Suny Empire State College, 2018)
Chafee Amendment
(Association of Research Libraries, 2012)
● Passed in 1996
● Limited to published, non-dramatic, literary works
● “it is not an infringement of copyright for an
authorized entity to reproduce or distribute in
specialized formats exclusively for use by blind or
other persons with disabilities”
Fair Use
(Hain, 2015)
● “Purpose and character of
the use”
(U.S. Copyright Office, 2015)
● “Nature of the copyrighted work”
● “Amount and substantiality of the portion used”
● “Effect of the use upon the potential market”
DMCA
(Franklin, 2015)
Digital Millennium Copyright Act
● 1998
● “Sets limitations on copyright infringement liability for online service providers (OSPs).”
● Instituted the rules for the preventing the “circumvention of technological protection measures used by copyright owners to protect their works”
● There is ongoing debate on whether or not Copyright Law is keeping up with technology, or if technology is trying to sidestep the Law
(Schmundt, 2014)
eBooks● There is no special eBook Copyright Law or Amendment
● Often governed by License Agreements
“We have thousands of e-books that we could make available to our users,..But we often aren’t allowed to because licenses are so restrictive”
-- Harald Muller, qtd in ”How Copyright”, 2014
● DRM, Digital Watermarks, etc.
(Griffin, 2018)
Video
● No current lawsuits for adding captioning to a video
● National Association of the Deaf sued Harvard & MIT “for failure to caption all educational videos”
● Ideally get permission, or purchase a copy already captioned
● “Strongest defense for video captioning is fair use.”
Images1. Assume it’s Copyrighted
2. Link if possible
3. Take the photo yourself, or create the image
4. Use Creative Commons Licensed Images
5. Pay for Stock Photos
6. Research who the Copyright Owner is
https://www.copyrightlaws.com/copyright-tips-legally-using-google-images/
ImagesImage Sites (always double check the license or terms)
● Creative Commons Image search: http://search.creativecommons.org/
● Reverse Image search - http://tineye.com/ ● Pixabay Free Images & Videos: https://pixabay.com/● Plexels: https://www.pexels.com/● Burst: https://burst.shopify.com/● Gratisography: https://gratisography.com/● Pictography: https://picography.co/
ImagesOnline Articles
● Tips for Legally Using Images: https://www.copyrightlaws.com/6-essential-tips-for-legally-using-images/
● Judge rules that an illustration style can’t be a trademark: https://www.comicmix.com/2017/12/08/judge-rules-that-an-illustration-style-cant-be-a-trademark/
● Art sentenced to death at Guantanamo Bay: http://copyrightalliance.org/ca_post/art-guantanamo-bay/
● Brooklyn Jury Finds 5Pointz Developer Illegally Destroyed Graffiti: https://www.nytimes.com/2017/11/07/nyregion/5pointz-graffiti-jury.html
● $1 Billion Getty Images Lawsuit Ends Not with a Bang, but a Whimper: https://petapixel.com/2016/11/22/1-billion-getty-images-lawsuit-ends-not-bang-whimper/
● Bruno Mars Sued by Photographer for Sharing Childhood Photo: https://petapixel.com/2017/11/27/bruno-mars-sued-photographer-sharing-childhood-photo/
● Who owns the copyrights in the now famous Oscar selfie?: https://alj.orangenius.com/owns-copyright-now-famous-oscar-selfie/
Example 1
Still Images, Audio Recordings, Video, and Related Computer Files for Non-Commercial Use
NASA content - images, audio, video, and computer files used in the rendition of 3-dimensional models, such as texture maps and polygon data in any format - generally are not copyrighted. You may use this material for educational or informational purposes, including photo collections, textbooks, public exhibits, computer graphical simulations and Internet Web pages. This general permission extends to personal Web pages.
News outlets, schools, and text-book authors may use NASA content without needing explicit permission. NASA content used in a factual manner that does not imply endorsement may be used without needing explicit permission. NASA should be acknowledged as the source of the material. NASA occasionally uses copyrighted material by permission on its website. Those images will be marked copyright with the name of the copyright holder. NASA's use does not convey any rights to others to use the same material. Those wishing to use copyrighted material must contact the copyright holder directly.
Example 1
Restrictions
As a government entity, NASA does not license the use of NASA materials or sign licensing agreements. The agency generally has no objection to the reproduction and use of these materials (audio transmissions and recordings; video transmissions and recording; or still and motion picture photography), subject to the following conditions:
NASA material may not be used to state or imply the endorsement by NASA or by any NASA employee of a commercial product, service, or activity, or used in any manner that might mislead. Please see NASA Advertising Guidelines and Merchandising Guidelines for more information.
It is unlawful to falsely claim copyright or other rights in NASA material.
NASA material is not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, NASA material may be reproduced and distributed without further permission from NASA.
Example 1
Example 2
Example 2
Example 2
Example 2
Is this Public Domain???
Court Case #1
Vernor v. Autodesk 2010
● ebooks viewed as computer software, not regular books● Gave publishers the right to impose restrictions on the
use of their ebooks○ # of users○ $ charge more for single copy of ebook○ max # of circulations
(American Library Association, 2014)
Court Case #2Elsevier Inc. v. Sci-Hub, ACS v. Sci-Hub
● “Sci-Hub’s unauthorized reproduction and distribution of Elsiever’s copyrighted works.”
● Elsevier was awarded $15 million ● ACS went a step further and sued for “additional boon
of the ability to see orders against search engines like Google to cut links to Sci-Hub”
(Kupferschmid, 2018)
Resources
❖ Fair Use Evaluator
❖ Creative Commons
❖ Google Images search by usage rights
❖ CC Best Practices for Attribution
❖ Wikimedia Commons
❖ Pixabay
❖ “Best Practice: U.S. Copyrights” - Blackboard
❖ Copyright Law of the United States
❖ Copyright Crash Course- Univ. of Texas Libraries
❖ NCSU’s Online Teaching FAQ
What are Your Questions
American Library Association. (9 April 2014). Ebooks and copyright issues. Retrieved from
http://www.ala.org/news/state-americas-libraries-report-2014/e-books
Association of Research Libraries. (2012). Briefing: Accessibility, the Chafee amendment, and fair use.
Retrieved from
http://www.arl.org/focus-areas/copyright-ip/fair-use/code-of-best-practices/2445-briefing-accessibility-th
e-chafee-amendment-and-fair-use#.W2jj87gnY2w
Bykst. (2016) Contract [Digital image]. Retrieved from
https://pixabay.com/en/contract-consultation-pen-signature-1427233/
Cornell University. (2016). Accessibility and copyright materials. Retrieved from
http://acadtech.cit.cornell.edu/accessibility-and-copyright-of-materials/
Franklin, T. (28 September 2015). Copyright and fair use in the digital age. EContent. Retrieved from
http://www.econtentmag.com/Articles/News/News-Feature/Copyright-and-Fair-Use-in-the-Digital-Age-10
5888.htm
Griffin, E. (21 February 2018). Copyright law vs. accessibility law: Is it fair use to caption videos you don’t
own? Retrieved from
https://www.3playmedia.com/2015/04/09/copyright-law-vs-accessibility-law-is-it-fair-use-to-caption-vide
os-you-dont-own/
References
Hain, J. (2015). Justice scales [Digital image]. Retrieved from
https://pixabay.com/en/justice-scales-fairness-impartial-683942/
Hombal, S., & Prasad, K. (2012). Digital copyright protection: Issues in the digital library environment.
DESIDOC Journal Of Library & Information Technology, 32(3).
doi:http://dx.doi.org/10.14429/djlit.32.3.2380
Kupferschmid, K. (10 January 2018). Copyright law in 2017: 12 big court cases to know about. Retrieved from
http://www.copyright.com/blog/copyright-law-2017-12-big-court-cases-know/
МихаилБанчев. (2016). Human with question marks [Digital image]. Retrieved from
https://commons.wikimedia.org/wiki/File:Human_with_question_ marks.jpg
PeteLinforth. (2015). Copyright symbol [Digital image]. Retrieved from
https://pixabay.com/en/copyright-symbol-sign-business-law-850371/
Schmundt, H. (28 March 2014). How copyright laws keep e-books locked up. Spiegel Online. Retrieved from
http://www.spiegel.de/international/zeitgeist/how-copyright-laws-prevent-easy-sharing-of-e-books-a-961
333.html
Suny Empire State College. (19 January 2018). Get up to speed with OER. Retrieved from
https://subjectguides.esc.edu/c.php?g=754755&p=5408909
U.S. Copyright Office. (2015). Copyright.gov (U.S.A., Library of Congress, U.S. Copyright Office). Retrieved
from http://copyright.gov/fair-use/more-info.html
References