Best Practices for Copyright Compliance

CCM 600Lesley Ellen Harris, Copyrightlaws.com

SLA Click University Certificate in Copyright Management

Confusion = Many Undefined Phrases

• Original• Substantial• Reasonable• Commercial• Fair dealing/use

• Copy• Reproduce• Permission• Infringement• Copyright

Agenda

• What copyright management means• How to avoid law suits• Copyright risk management• Obtaining copyright permissions• Role of copyright collectives• Working with license agreements• Monitoring uses of content• Dealing with an Infringement accusation

Defining Management

• What does copyright management mean to you?

Determining Your POV

• Each situation is unique

Perspectives

• Library

• Aggregator

• Corporation

• Publisher

• Understanding fair use

• Working with license agreements

• Avoiding law suits

• Organizing multiple permissionsb

16 Point Checklist

1. Appoint a Copyright Officer

2. Create a Copyright Team

Exercise: Librarian or lawyer?

• Negotiating a license for a digital periodical• Preparing a draft copyright policy• Teaching copyright basics• Interpreting fair use

3. Know your Copyright Uses

4. Examine and Update Current Copyright Procedures

5. Learn Copyright Principles

6. Understand Misinformation

7. Study Domestic Copyright Law

8. Understand International Copyright Issues

9. Study Copyright Law & Digital Content

10. Gain Internal Support

11. Determine Copyright Risk Tolerance

12. Decrease Risk of Infringement

13. Understand Licenses and Permissions

Exercise: True or false

• A license means permanent ownership.• Lawyers always negotiate licenses.• Licenses must be negotiated each year.• Not all licenses are negotiable.• Licenses must be written by content

owners.

14. Learn the Basics of Negotiation

15. Undertake Internal Copyright Compliance Spot

Checks

16. Develop Management Tools

Your Management Journey

• Copyright management is a personal journey• Everyone has different circumstances and

different situations – how you manage depends on your particular circumstances

• Know your circumstances, content, people, culture, risk management, law and have a plan!