1. Where Paths Meet Utah Library Association/Mountain Plains Library Association Conference 2008 Salt Lake City Complete Copyright For Childrens services Carrie Russell, Copyright Specialist and Director, Program on Public Access to Information ALA Office for Information Technology Policy April 30, 2008

2. Carrie Russell, 2008

3. Attribution-NonCommercial-ShareAlike 2.0 You are free: to copy, distribute, display, and perform the work to make derivative works Under the following conditions: Attribution. You must give the original author credit. Noncommercial. You may not use this work for commercial purposes. Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one. For any reuse or distribution, you must make clear to others the license terms of this work. Any of these conditions can be waived if you get permission from the copyright holder. Your fair use and other rights are in no way affected by the above.

4. Brief Review of Copyright Law Purpose: to advance the progress of Science and the Useful Arts to benefit the public Congress creates the copyright law; it is not a natural right Creators/Authors allowed a limited monopoly by Congress as an incentive to create Exclusive rights make up the monopoly (reproduction, distribution, derivative works, public performance and display) Statutory monopoly limited by: –user privileges like fair use, first sale, interlibrary loan, etc. –public domain –limits on what can be protected (not facts, lists, processes, federal government documents, etc.) –idea v. expression dichotomy

5. Review of Copyright Law Exclusive rights make up the monopoly –reproduction –distribution –derivative works –public performance –public display Exclusive rights are divisible and can be inherited, given or contracted away Original, creative works fixed in a tangible medium get automatic copyright protection Distinction between copyright and a copy (the physical object)

6. Fair Use Section 107, codified with the Copyright Act of 1976 Determined on a case by case basis (not an exact rule or amount) Copyright can be infringed because: –Strict application of the law would stifle creativity, learning and free speech (thwart the very purpose of the copyright law) –Uses that are socially beneficial are more important than compensating rights holders

7. Four Factors of Fair Use Purpose and character of the use (non-profit education versus commercial use) Nature of the material being used (factual or fictional in nature, degree of creativity, published or unpublished) Amount and substantiality of the portion used in relation to the whole Effect of the use on the potential market for or value of the copyrighted work Transformative uses or socially beneficial uses are favored over mere copying, free riding.

8. Other Limitations of Importance 108 - reproduction for libraries (preservation, replacement, user copies, ILL) 109- limitation on the right of distribution - first sale (once you have lawfully acquired a work, you can distribute that copy without authorization) 117 - software back-up copies Public libraries dont get the non-profit educational exemptions that school and college libraries get --why?

9. Story Time Is it a public performance? –A place open to the public –Any place where a substantial # of people are gathered In the library –Socially beneficial –Accepted behavior –Educational objective, not for profit, library has lawfully owned copy Did you worry about story time before the digital revolution?

10. Expanding Story Time Over the phone? Dial a story services –Public performance? Probably because many people can listen to the story over a period of time Gigantic realm of what is public performance Big worry? no

11. Expanding Story Time On the cable channel –More public –Who receives the program? –Educational, not for profit, public access channel? Record on video –Now youre making a reproduction –What are you going to do with the copies? Worry? Maybe

12. Enhancing Story Time Using story boards Enlarging pictures from the book, or copying all of the illustrations on to Power Point so everyone can see Playing music in the background Other enhancements?

13. Scenario: Making Your Own Audiobooks Youth Services Librarian, Sherrie Lake is quite a story teller. She receives rave reviews from library users, mesmerized by story telling. Sherrie does accents, different voices (is she related to Meryl Streep?) Why not expand her popular programs and create audiotapes with Sherrie reading from the youth clients favorite titles? The library director decides that Sherrie should be recorded reading books that are available in the market place by professional orators. The library can lend the audiobooks along with the book to facilitate story time at home. Fair use?

14. Other Public Performances Library has movie night every Tuesday screening titles from the collection Library lends DVDs to the Retirement Center for screening in their group room Library provides community program on new Medicare rules and the completion of forms online. A video screening is included. To attract the younger crowd, library sets up Guitar Man contests where library users compete for valuable prizes Your idea here…

15. Promoting Reading Book displays –Owned copies –Limited in place –Widely accepted Book covers on library Web sites –Making copies –Wide distribution –Could be highly creative work –Who holds the copyright? –Should you seek permission?

16. Handhelds To make old audiotapes easier to use, lend and preserve, Library transfers content to the MP3 or other format Library buys iPods or other MP3 players and lends to library users with lawfully purchased content Your handheld story….

17. Liability Few if any real court proceedings involving libraries -- Why? –Libraries are law abiding –Risk of losing a case against a library could set bad precedent, bad publicity –Non profit educational institutions and their libraries have limitations on remedies –When approached with a threat of legal action, institution usually caves (no one wants to go to court) 11th amendment protects state institutions from federal suits Georgia State - citing individuals instead of institutions to bypass 11th amendment?? A rights holder can still sue--but highly unlikely

18. Five Copyright Rules for Childrens Services Librarians 1. There are no definitive answers (sorry) 2. You have the opportunity to teach others 3. Fair use is your friend 4. Step back, relax, count to ten 5. Be a librarian first -- the correct approach is the balanced approach, combined with your unique responsibility to protect user interests

19. Where Paths Meet Utah Library Association/Mountain Plains Library Association Conference 2008 Salt Lake City Thank you! Contact me with further questions: Carrie Russell, crussell@alawash.orgcrussell@alawash.org 800.941.8478 Or Better Yet!!! Use the Copyright Advisory Network www.librarycopyright.org