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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.,

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Presentation on theme: "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.,"— Presentation transcript:

1 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

2 Legal information Not legal advice! Legal Disclaimer

3 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

4 Introduction: Penalties R egistered © owners can sue for $750-$30,000 per infringement willful up to $150,000; innocent as low as $ U.S.C. §504

5 Introduction: Penalties R egistered © owners can sue for $750-$30,000 per infringement willful up to $150,000; innocent as low as $200 $0 Staff, volunteers at libraries, nonprofit educational institution that show reasonable FAIR USE analysis 17 U.S.C. §504

6 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 Chillingeffects.org Sample Cease and Desist Letters

7 Public Domain Fair Use Get Permission If no Specific Exception If no Flow Chart – May I Use Work?

8 Library Copyright 17 U.S.C. Sect. 108 Good bedtime reading Three pages Permits Interlibrary Loan, Preservation and Replacements Patron Photocopiers (with signage) Print Disabled Photo by purplemattfish CC BY-NC-ND

9 Who is a Section 108 Library? Open to public 17 U.S.C. Sect. 108 (a)(2) LIBRARY COPYRIGHT OR Specialized nonaffiliated researchers

10 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)

11 Sheet Music Graphic Audiovisual Works May NOT Copy for ILL 17 U.S.C. Sect. 108(i)

12 Preservation and Replacements Cant put on Web Unpublished: Original in your library May make 3 Copies Published: Replace Damaged, Lost, Obsolete Format Unavailable at fair price May make 3 copies

13 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 copyright- See 37 CFR § CFR Warnings of copyright for use by certain libraries and archives

14 Is Library Responsible When Users Use Our Equipment to Make Copies? 17 U.S.C. Sec. 108 (f)(1)

15 No, Not if NOTICE Displayed Sample wording Not responsible for unsupervised reproducing equipment 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) copiers, printers, scanners, usb ports

16 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 17 U.S.C. Sect. 121http://www.loc.gov/nls/reference/factsheets/copyright.html

17 2 million DAISY format books Openlibrary.org National Library Service for the Blind and Physically Handicapped (NLS) users qualify. plus 150,000 modern ebooks plus 150,000 modern ebooks 17 U.S.C. Sec. 121

18 Storytime, Films, Music Showing films, playing music allowed for face-to-face instruction 17 U.S.C. Sect. 110(1) Or make FAIR USE analysis Music: ASCAP / BMI/ SESAC licenses Video: Movie Licensing USA

19 Fair Use EVALUATE Each item and use See also FAIR USE CHECKLIST copyright/fair-use/fair-use-checklist/

20 Content You Can Use REPUTABLE SOURCES

21 Dedicated to public domain CC0 Public Domain Dedication

22 For OLD works, check to see if public domain EXPIRED Peter Hirtle Chart Life + 70 years

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25 creativecommons.org licensed for your use

26 Abide by License Terms CC Creative Commons License BY Attribution NC NonCommercial SA Share Alike ND No Derivatives (no translations etc.)

27 police officer Photo by FaceMePLS CC BY 2.0 e/ /

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29 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)

30 Get Permission

31 Charts and Tools at Stanford Fair Use fairuse.stanford.edu/

32 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 e/ /

33 Example: St. Paul Public Library Has your institution filed? Check directory $105 One page form

34 Example Website Language: Hershey Community Archives

35 If You Get a Takedown Request Go back to ChillingEffects.org

36 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

37 Come Back! Wednesday Jan. 30 noon

38 Questions? Thanks for making it to the end!


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