Presentation on theme: "Utah Library Association/Mountain Plains Library Association Conference 2008 Salt Lake City Copyright and Multimedia Carrie Russell, Copyright Specialist."— Presentation transcript:
Utah Library Association/Mountain Plains Library Association Conference 2008 Salt Lake City Copyright and Multimedia Carrie Russell, Copyright Specialist and Director, Program on Public Access to Information ALA Office for Information Technology Policy April 30, 2008
Carrie Russell, 2008
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.
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
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)
Copyright Limitations Section 108 – allows libraries and archives to make copies for library users, interlibrary loan, replacement and preservation How about transferring videos to DVDs? Section 109 – allows owners of locally acquired copies the right to distribute that copy (library lending, used book stores, garage sales, etc.) BUT can you ILL media? Not clear, so vendors provide clarity by licensing media… Section 110 – allows teachers to display or perform works in the face-to-face classroom and in the digital or distance education classroom via digital networks But too strict for media? Section 117 – owner of a software program can make a back-up copy
Fair Use Section 107, codified with the Copyright Act of 1976 Determined on a case by case basis A right of copyright can be exercised without the prior authorization of the rights holder and without paying a fee Fair use is supposed to be technologically neutral
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
Media Librarian Woes Almost always dealing with creative works that have more protection under the law Ownership v. licensing issues are more common TEACH is less lenient for your formats You like the vendors and are sympathetic to the documentary film makers Big changes in the market and new business models to consider Help is on the way!!OITP project on fair use and media
Art, music, photos, multimedia, etc Considered more copyright-worthy than most literary works; thick copyright Often associated with powerful interest groups (RIAA, MPAA) that have significant control over Congress More potential for legal battle, although still rare If licensed works, contract terms determine use Often difficult to clear rights because of numerous rights holders and multiple IP protections Often involve more than one exclusive right (copy and display, performance and recording)
Teaching/Public Performance Section 110 allows for public display and performance in the face-to-face classroom Section 110(2) was added with the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 and allows for the use of digital works and transmission for teaching You must often rely on fair use
Quick Review of TEACH Act Expands section 110: exemptions for certain performances and displays Expands section 112: ephemeral recordings Only accredited non-profit educational institutions Acknowledges that mediated instructional activities includes the digital classroom –integral to class experience;controlled by or under the actual supervision of the instructor;analogous to the type of display or performance that would take place in a live classroom
Works … That can be used -- non-dramatic literary works (charts, journal articles, maps, book chapters, some types of music, etc),limited portions of dramatic literary works (plays, operas, feature films), any work in ways that would typically occur in the physical, live classroom That cannot be used -- those works produced for the sole purpose of being used in distance education; required reading textbooks, course packs, consumable workbooks); unlawfully made copies
Transfers from analog to digital formats When digital format is not available Digital format cannot be used because of technological protection mechanisms Copy only the portion necessary Cannot share digitalized copy with other institutions Cannot make digital copies of digital copies
New Institutional Obligations Copyright policy and copyright educational materials Accurate Promote lawful activity Notice that materials may be protected by copyright Is your institution TEACH compliant?
Technological Requirements Limit access to registered students to the extent technologically feasible Reasonably prevent unauthorized copying and further distribution Retain materials only as long as necessary Do not interfere with technological measures employed by copyright holder No known technology is 100% effective, and it is not expected to be Do not overprotect if mechanisms threaten fundamental rights – intellectual freedom, privacy Are you compliant?
Rely on TEACH or Fair Use? Scenarios Professor wants to digitize clips from a feature film on video that the library owns and make clips available to class on an authenticated site Professor asks library to digitize and stream entire works for class on authenticated site Students create videos for their final assignment and they want to pull clips from DRM-encoded DVD Professor asks for quality copy of video, long out of distribution, so library borrows a copy through ILL and streams to class
1201 Rulemaking and New Exception for Movie Clips Surprise that this was accepted Only applies to media professors Expires in 2009 MPAA does not like it -- wants to avoid all allowances for circumvention May offer a clip market for educational institutions If market exists, does fair use ever apply for clips?
108 Study Report Tweaks - elimination of 3 for preservation and replacement, web archiving with opt-out provision, allowances for preserving works at risk, extend exemption to museums Report got the purpose of copyright wrong What next? What concerns? Amendments to law for things that are already occurring and considered fair use - diminishes fair use? Compare to TEACH.
Orphan Works Legislation Works whose copyright holders cannot be found If make a good faith effort to find the copyright holder, use the work and the copyright holder turns up, limits on remedies All works, published/unpublished, foreign works Many issues with photographers, illustrators, textile manufacturers Fair use not affected Two bills: HR 5889 (Berman D- Cal, Smith R-Texas) and S 2919 (Leahy D-Vermont and Hatch R-Utah) Support the Senate bill - does not include dark archive requirement Grassroots campaign necessary now
Your Liability Unlikely that a faculty member or librarian would be taken to court, but still could happen Section 504(c)(2) limits statutory damages for alleged infringers who work at a non-profit, educational institutions 11 th Amendment – Constitutional doctrine that state or state agencies cannot be sued for dollar damages by the federal government –Note: Georgia State University - complaint names individuals as a way to bypass the 11th amendment?? Risky proposition to go to court; many disputes settled out of court
Utah Library Association/Mountain Plains Library Association Conference 2008 Salt Lake City Thanks for listening! You can contact me at Better Yet!! Use the Copyright Advisory Network