3 things i wish more library people knew about copyright

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3 things I wish more library people knew about copyright Katie Fortney Copyright Policy & Education Officer, California Digital Library ortney deshare.net/katiefortney/

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Presented at ALA Annual Conference 2014 June 29, 2014

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Page 1: 3 Things I wish more Library People Knew About Copyright

3 thingsI wish more library people knew about

copyrightKatie Fortney

Copyright Policy & Education Officer,California Digital Library

@kfortneyslideshare.net/katiefortney/

Page 2: 3 Things I wish more Library People Knew About Copyright

This site has 27K digital objects.

Page 3: 3 Things I wish more Library People Knew About Copyright

Most of it wouldn’t be there without fair use.

Fair UsePermission: Band's Deed of GiftPermission: Sep-arate LicensesPublic Domain

Page 4: 3 Things I wish more Library People Knew About Copyright

For example: fan envelopes

Page 5: 3 Things I wish more Library People Knew About Copyright

When you’re planning a project and someone says “copyright”

Page 6: 3 Things I wish more Library People Knew About Copyright

You probably aren’t the attractive lawsuit magnet you think you are.

Page 7: 3 Things I wish more Library People Knew About Copyright

Law school minute

Actual damagesvs.

Statutory damages

Page 8: 3 Things I wish more Library People Knew About Copyright

Section 412

No registration=

No statutory damages

Page 9: 3 Things I wish more Library People Knew About Copyright

Section 504(c)(2)

Good faith fair use defense for nonprofit

educational institutions, libraries, and archives

Page 10: 3 Things I wish more Library People Knew About Copyright

Section 412

Section 504(c)(2)

SovereignImmunity

Takedown

requests

WW©HD?

Page 11: 3 Things I wish more Library People Knew About Copyright

Lots of stuff isn’t even

protected by copyright.

Page 12: 3 Things I wish more Library People Knew About Copyright

?

Page 13: 3 Things I wish more Library People Knew About Copyright

http://copyright.cornell.edu/resources/publicdomain.cfm

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pre-1978No copyright notice

Page 15: 3 Things I wish more Library People Knew About Copyright

1978-1988If no notice, had to

register within 5 years

Page 16: 3 Things I wish more Library People Knew About Copyright

Unpublished works: Life +70

Page 17: 3 Things I wish more Library People Knew About Copyright

Only works of authorship are protected.

http://commons.wikimedia.org/wiki/Commons:Threshold_of_originality#United_States

Page 18: 3 Things I wish more Library People Knew About Copyright
Page 19: 3 Things I wish more Library People Knew About Copyright

A thing I wish more library people

knew about copyright

copyright

libraries

Page 20: 3 Things I wish more Library People Knew About Copyright

Some people seem to think

we’re running wild.

Page 21: 3 Things I wish more Library People Knew About Copyright

We’re not crazy.We’re not copyright abolitionists.

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Photo by Marion Siegel, fro m http://www.americanlibrariesmagazine.org/article/library-occupies-heart-occupy-movement

We’re LIBRARIANS.

Page 23: 3 Things I wish more Library People Knew About Copyright

Study up. Join the conversation.

• Adler, Prudence S., Patricia Aufderheide, Brandon Butler, and Peter Jaszi. 2012. Code of best practices in fair use for academic and research libraries. [Washington, D.C.]: Association of Research Libraries. http://www.arl.org/bm~doc/code-of-best-practices-fair-use.pdf.

• Crews, Kenneth D. 2012. Copyright law for librarians and educators: creative strategies and practical solutions. Chicago: American Library Association. http://www.worldcat.org/oclc/742234309.

• Hirtle, Peter B., Emily Hudson, and Andrew T. Kenyon. 2009. Copyright and cultural institutions: guidelines for digitization for U.S. libraries, archives, and museums. Ithaca, N.Y.: Cornell University Library. http://ecommons.cornell.edu/handle/1813/14142.

• Russell, Carrie. 2012. Complete copyright for K-12 librarians and educators. Chicago: American Library Association. http://www.worldcat.org/oclc/666224034.

• Wikipedia. Seriously. See, e.g., http://en.wikipedia.org/wiki/Fair_use#Common_misunderstandings

Page 24: 3 Things I wish more Library People Knew About Copyright

https://www.coursera.org/course/cfel