Copyright Basics:
What Library Folks
Really Oughta Know
Massachusetts Library System
Wednesday Jan 16, 2013 at 12:00 PM
Presented by
Mary Minow, J.D., A.M.L.S.
LibraryLaw.com
Legal Disclaimer
• Legal information
• Not legal advice!
Agenda
Introduction
Penalties, Flow Chart
Library Copyright
Preservation, Interlibrary loan
Storytimes, films … a public performance?
Content you can use
Protect yourself from users
Next time: Hot issues – ebooks, first sale, orphan works
Introduction: Penalties
Registered © owners can sue for $750-$30,000 per infringement
willful up to $150,000; innocent as low as $200
17 U.S.C. §504
Introduction: Penalties
Registered © owners can sue for $750-$30,000 per infringement
willful up to $150,000; innocent as low as $200
Staff, volunteers
at libraries, nonprofit educational institution
that show reasonable FAIR USE analysis
$0
17 U.S.C. §504
Sample Cease and Desist Letters
Chillingeffects.org
Joint project of the Electronic Frontier Foundation and Harvard, Stanford,
Berkeley, University of San Francisco, and University of Maine law school
clinics. Sample cease and desist letters, explanations
Flow Chart – May I Use Work?
Public
Domain
If no
Specific
Exception
If no
Fair Use
If no
Get Permission
Library Copyright
17 U.S.C. Sect. 108
Good bedtime reading
Three pages
Permits
Interlibrary Loan,
Preservation and
Replacements
Patron Photocopiers
(with signage)
Photo by purplemattfish CC BY-NC-ND 2.0
http://www.flickr.com/photos/purplemattfish/3725589228/
Print Disabled
http://www.law.cornell.edu/uscode/text/17/108
LIBRARY
COPYRIGHT
Who is a
Section 108
“Library”?
Open to public
OR
Specialized nonaffiliated researchers
17 U.S.C. Sect. 108 (a)(2)
Know Library Rights
Before Negotiating Licenses
Interlibrary Loan
One article or small selection
*becomes property of user
*no notice other than for
private study, scholarship, research
Entire work or substantial part
same as above and
*reasonable investigation shows
library cannot buy copy at fair
price
17 U.S.C. Sec. 108 (d) and (e)
May NOT Copy for ILL
Sheet Music
Graphic
Audiovisual Works
17 U.S.C. Sect. 108(i)
Preservation and Replacements
Unpublished:
Original in your library
May make 3 Copies
Published:
Replace Damaged, Lost,
Obsolete Format
Unavailable at fair price
May make 3 copies
Can’t put on Web
Interlibrary Loan
and User Requests
(1) copy must become property of user
library must not have notice that it will
be used other than private study,
scholarship, or research
and
(2) library must prominently display at
place orders are accepted and on
order forms warning of copyrightSee 37 CFR § 201.14
37 CFR 201.14 - Warnings of copyright for use by certain libraries and archives
Is Library Responsible When Users
Use Our Equipment to Make Copies?
17 U.S.C. Sec. 108 (f)(1)
No, Not if NOTICE Displayed
Not responsible for unsupervised
“reproducing equipment”
Sample wording
copiers, printers,
scanners, usb ports
The copyright law of the
United States (Title 17, U.S.
Code) governs the making of
photocopies or other
reproductions of copyrighted
material. The person using
this equipment is responsible
for any infringement.
17 U.S.C. Sec. 108 (f)(1)
Patrons with Print Disabilities
Copyright specific exception (Section 121)
”Chafee amendment”
Authorized entity
may copy and distribute
published works
(except plays)
Specialized format
no notice of
further distribution
Library of Congress Fact Sheet http://www.loc.gov/nls/reference/factsheets/copyright.html
17 U.S.C. Sect. 121
2 million DAISY
format books
Openlibrary.org
National Library Service
for the Blind and
Physically Handicapped
(NLS) users qualify.
plus
150,000
modern
ebooks
http://openlibrary.org/subjects/accessible_book
17 U.S.C. Sec. 121
Storytime, Films, Music
Fair Use
Likely Yes Likely No
Purpose
Nonprofit
New purpose
Nature
Reference,
nonfiction
Amount
Published
Small amt
(relative to
whole
Market
.
Commercial
No new purpose
+
Fiction, Art
Music
+
Unpublished
Complete work
Heart of work
original)
+
Doesn’t hurt
Hurts market or
market of
potential market
original
+ of original
See also
FAIR USE CHECKLIST
http://copyright.columbia.edu/
copyright/fair-use/fair-use-checklist/
Content You Can Use
REPUTABLE SOURCES
http://www.nolo.com/products/the-public-domain-PUBL.html
www.openclipart.org
Dedicated to
public domain
CC0 Public
Domain Dedication
EXPIRED
For OLD works,
check to see if
public domain
Peter Hirtle
Chart
Life + 70 years
www.copyright.cornell.edu/public_domain/
http://farm7.staticflickr.com/6022/5929814872_158e1bb716_o.jpg
http://www.infopeople.org/training/finding-legally-safe-music-and-videos
creativecommons.org
Abide by License Terms
CC Creative Commons License
BY Attribution
NC NonCommercial
SA Share Alike
ND No Derivatives
(no translations etc.)
http://creativecommons.org/licenses/by-sa/2.0/deed.en
“police officer”
Photo by FaceMePLS CC BY 2.0
http://www.flickr.com/photos/facem
e/393896393/
http://www.flickr.com/photos/faceme/393896393/
http://www.google.com/advanced_image_search
Library as Copyright Owner
Register copyright online $35
•
•
•
Protection upon creation in fixed format….
But to get $$$ need to register, must timely register
(within 3 months of publication or before infringement begins)
http://www.copyright.gov
Get Permission
www.nolo.com/products/getting-permission-RIPER.html
Charts and Tools at Stanford Fair Use
fairuse.stanford.edu/
Protect yourself from users
Copyright Agent
Designate agent to receive complaints
File simple form with Copyright Office
Put agent contact info on website
… Protects library from lawsuits
$105 one time fee
Photo by FaceMePLS CC BY 2.0
http://www.flickr.com/photos/facem
e/393896393/
Example: St. Paul Public Library
$105
One page form
www.copyright.gov/onlinesp
Has your institution filed? Check directory
http://www.copyright.gov/onlinesp/list/a_agents.html
Example Website Language:
Hershey Community Archives
http://www.hersheyarchives.org/legal/terms-of-use.aspx
If You Get a Takedown Request
Go back to ChillingEffects.org
Review
Introduction
Penalties, Flow Chart
Library Copyright
Preservation, Interlibrary loan
Storytimes, films … a public performance?
Content you can use
Protect yourself from users
Next time: Hot issues – ebooks, first sale, orphan works
Come Back!
Questions?
Thanks for making
it to the end!