Copyright Q & A Freya Anderson Alaska State Library 907-465-1315 http://lam.alaska.gov/OWLCopyright

I am not a lawyer, and cannot give legal advice.

Intellectual Property Copyright ≠ Trademark ≠ Patent Trademark can last longer, but must be protected, and is intended to avoid consumer confusion. Patent lasts a shorter period, and protects inventions and processes in exchange for public disclosure. Copyright infringement ≠ Plagiarism Plagiarism is an ethical issue. Copyright is a legal one.

Copyright vs. Access Restriction Licensing Locking up the public domain Cultural considerations Donor relations

Look nice Be nice. Be consistent Be fair Be diligent Be honest Communicate

True or False? Government publications are in the public domain, so I can copy State of Alaska publications at will.

State of Alaska Copyright law applies All permissions must go through the Governor’s Office Twist: state depository program Consider: creative commons? our own publications? I Commercial licensing Free licensing (like Creative Commons) Fair use and permissions Policies are our friends Being explicit may avoid misunderstandings and inadvertent mistakes Registration and notice not required BUT date and authority info are great ntent

True or False? Laws can’t be copyrighted, because people need to have access to them to follow them and to defend themselves against charges. http://www.law.cornell.edu/uniform/ucc

Uniform Codes State codes, but not originals Building codes by reference Currently under dispute BUT: Laws are in the public domain.

Public Domain – use freely Most US federal documents Some state publications (not Alaska) Publications older than 1923 Some publications newer than 1923 Some unpublished works

True or False? I can copy as many articles as I like as long as it’s for school, because educational use is “fair use.”

Fair Use Factors Purpose: the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; Amount: amount and substantiality of the portion used in relation to the copyrighted work as a whole; Nature: the nature of the copyrighted work; Effect: the effect of the use upon the potential market for or value of the copyrighted work. There is some argument over whether a state could be sued over copyright infringement, but other state agencies have been sued. Certainly more likely to be fair use than commercial use would be.

Libraries and archives exemptions Must allow public access Interlibrary loan Preservation CCG CCC Digitization Permissions Many limits

Help! Codes of Best Practices Signs and notices Training ourselves Teaching our users

Copyright signs and notices When providing copies Include original copyright notice and date if possible Include copyright statement Electronic vs. paper Available vs. not Not sure, say so!

Training ourselves Tutorial: Copyright Crash Course, University of Texas Book and curriculum: Copyright for Librarians, Berkman Center for Internet & Society at Harvard University Book: Complete Copyright, by Carrie Russell MOOC: Copyright for Educators & Librarians Group: American Library Association Office of Information Technology Policy, Copyright Advisory Network

Teaching our users Teaching Copyright (K-12), from the Electronic Frontier Foundation Copyright Basics (Academic focus), Cornell University Libraries, Copyright Advisory Services Media Education Lab: Copyright; Code of Best Practices for Fair Use in Media Literacy Education There are lots of attractive sources for teaching overly strict interpretations of copyright law. Much of the information is good, but evaluate carefully. Copyright is a balance Watch for words like: Always, Never, Piracy, Theft

Copyright First Responders

Free licensing Creative Commons GNU Public License Attribution Geared toward software Share alike Commercial Public domain Public domain mark

Using cc material Find it: Check which license Search Follow license Google, Flickr, CC: Almost all require at least attribution Serendipity Look for the logo or CC http://wiki.creativecommons.org/License_Versions What does share alike mean to us?

Irrevocable cc+ to give additional rights

Tools Stanford Univ. Libraries Copyright & Fair Use http://fairuse.stanford.edu/charts-and-tools Copyright Advisory Network – ALA http://librarycopyright.net Rights search options http://search.creativecommons.org Public Domain/Royalty Free Multimedia http://lam.alaska.gov/freemultimedia Copyright for OWL (and more) http://lam.alaska.gov/owlcopyright

International Copyright Berne Convention http://www.wipo.int/treaties/en/ip/berne/trtdocs_ wo001.html List of parties http://en.wikipedia.org/wiki/List_of_parties_to_the _Berne_Convention List of parties for related rights http://en.wikipedia.org/wiki/List_of_parties_to_int ernational_related_rights_treaties

Questions and feedback welcome! Freya Anderson Head, Information Services, Alaska State Library Freya.Anderson@alaska.gov or 907-465-1315 library.alaska.gov lam.alaska.gov/OWLcopyright