Copyright Law &
Fair Use Rights
Sponsored by the
Intellectual Freedom Committee
VLA Annual Conference
Friday, October 26, 2012; 3:15–4:00 p.m.
The VLA Radio Network Presents
Copyright for Librarians: Old Rules and New Technologies
Your Host –Timothy Coggins University of Richmond School of Law Library
Special Guests – Professor James (Jim) Heller College of William and Mary, Wolf Law Library
Professor Sarah (Sally) Wiant Washington & Lee University School of Law
Program Today
• Outline briefly basic issues about copyright law
• Discuss recent developments, including the Georgia State University case, the Google book settlement, licensing settlement, and more
What rights does a copyright owner
have?
5
UNITED STATES CONSTITUTION
ARTICLE I, SECTION 8
Congress may "promote the progress of science and the useful arts by securing for a limited time to authors and inventors the exclusive right to their writings."
Copyrightable Works Literary works; musical works; dramatic works;
pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other A/V works; sound recordings; architectural works
Only works that are original and fixed in a tangible medium of expression
But not ideas, procedures, processes, systems, concepts...
SECTION 102
Other Issues• Works in the Public Domain
– Never copyrighted; copyright expired
– Works of the U.S. government
– Facts
• Foreign Authors/Works
– Author from or work first published in a UCC or Berne country
– Country where published protects U.S. authors
– Work published by U.N. or O.A.S.
The Copyright Owner's Rights
Reproduction; derivative works; public distribution; public performance; public display; digital audio transmission of sound recordings
Works of visual art – 106 (a) Attribution Integrity
Term of copyright Works created in 1978 or later: life of the author + 70 years Anonymous or corporate authors or works made for
hire: 95 years after publication or 120 years after creation – whichever expires first
SECTION 106
What remedies does a copyright owner have
against an infringer, and who is liable – the staff member of the library?
Damages
Actual damages and profits, or statutory damages ($750 to $30,000 per infringement; $150,000 for willful infringement; $200 for innocent infringer
Remission of damages Employee or agent of nonprofit educational institution,
library, or archives Acting with scope of employment, and Reasonable belief the use was fair
SECTION 504
Institutional Liability
Vicarious Liability: right to supervise financial benefit
Contributory Infringement: knowledge induce, cause, or materially
contribute
Equipment
WARNING: THE MAKING OF A COPY MAY BE SUBJECT TO THE UNITED STATES COPYRIGHT LAW (TITLE 17 UNITED STATES CODE)
SECTION 108(f)(i)
We’ve all heard about the Georgia
State case. Tell me about it, including
the fair use analysis in the case?
Georgia State University• Facts
• Judge’s Ruling
– Fair use analysis
– 10% rule
– What does the ruling mean to you?
– Appeal
Fair Use Purposes Purposes:
Criticism; comment; news reporting; teaching (including multiple classroom copies); scholarship; research
Factors: Purpose and character of the use
Nature of the copyrighted work
Amount and substantiality used
Effect on potential market or value (non-publication doesn’t bar fair use)
GO
SECTION 107
17
We have a question now about recent developments involving Google Books and the HathiTrust Digital Library.
HathiTrust Litigation
• Copyright infringement suit
• 10M digital volumes; 5M titles; 3/4th – still protected by copyright
• Universities’ arrangement with Google– Works in the public domain
– Works still protected by copyright
• Case dismissed
Google Book Settlement
• Background
• Why is the settlement itself confidential, and why did the parties agree to settle now?
• What do libraries get out of this?
• How does it resolve the question of orphan works?
What is the relationship
between copyright law and
licensing?
First Sale Doctrine
Owner may sell or otherwise dispose of lawful copy, but
sound recordings or computer programs:
not lease or lend for direct or indirect commercial advantage, but
library/education exemption
SECTION 109
Licensing Agreement
Read the contract
Permanent or temporary access
No barriers to authorized users
Preserve Copyright Act rights
Respect user’s privacy and confidentiality
Hold-harmless clause
Read the contract again
How does the special exemption for libraries differ from fair use, and may a library claim both?
The Library Exemption
A library or employee acting within the scope of employment:one copyno direct or indirect commercial advantageopen collection
interlibrary loancopyright notice
from the copy reproduced, or legend
GO
SECTION 108(a)
Can I assume that a document on the web is fair game?
Can a library take photos of the artwork in its displays and
post them on the library webpage to promote an
exhibit?
Can a corporate library make random, unsystematic copies of single articles or chapters
without paying royalties when the requestors use the
information for work-related purposes?
Articles And Excerpts Single copy
Becomes user’s property
No notice of impermissible purpose
Warning of copyright
Where orders are accepted
On order form
GO
SECTION 108(d)
Library Exemption
Section 108 rights do not apply to --
1. related or concerted reproduction
multiple copies same material
2. systematic reproduction single or multiple copies same or different material
SECTION 108(g)
Can a library create a custom database of
specific articles and other items from our licensed
databases for use on our Intranet?
Other Questions
• Thanks
– To our guests – Professors Jim Heller and Sally Wiant
– To all of you for joining us this afternoon
• Have a great week-end
