Library and Special Library Copyright Issues CCM 500 Instructor: Lesley Ellen Harris, Copyrightlaws.com SLA Click University Certificate in Copyright Management: Principles & Issues

2 Balance Copyright law is a balance of rights between authors and owners, and consumers Is the balance correct? –Academic v. special libraries v. author/owners –Duration, government, global consistency

3 Why are there specific copyright provisions for libraries and others? Discussion Question

4 Berne Convention Sets out balance for countries to interpret Article 9(2) Up to each country to allow exceptions provided they do not –conflict with a normal exploitation of the work –unreasonably prejudice the legitimate interests of the author

5 Free Uses Exist Within the Balance You own the copyright –work for hire –commissioned –assignment/purchase Duration of copyright has expired (PD) Some U.S. gov’t works Exceptions (Fair use/dealing)

6 Changes Do we need more exceptions or free uses, or is access or pricing the problem? Aids to access: –CCC –Digital licenses –Creative Commons – contact with individual rights holders

7 U.S. Library Exceptions S. 107: Fair Use S. 108: Library copyright –most academic and public libraries may copy certain works for specific purposes –preservation, research and study, ILL

8 S. 108: Copying Machines Self-service “reproducing equipment” If library places a notice informing users that making copies may be subject to copyright law, library not liable Post notices near photocopiers, computers, printers, etc.

9 FAIR USE “an extraordinary opportunity and a source of constant confusion” Prof. Kenneth D. Crews

10 Is fair use “fair” or more of a “pain” than a “help”? Can it be managed? Discussion Questions

11 U.S. Copyright Act Copyright must be for purposes of: –criticism –comment –news reporting –teaching (including multiple copies for classroom use) –scholarship –research

12 U.S. Copyright Act Factors to consider: Purpose and character of use (whether for commercial nature or for nonprofit educ’n) Nature of the work Amount and substantiality of portion used Effect of the use upon the potential market for or value of the original work

13 Key Points Copyright Law for Librarians and Educators, page 44 Kenneth D. Crews Purpose: A nonprofit educational purpose can support a claim of fair use. Nature: Uses of factual, nonfiction works are more likely to be within fair use. Amount: The less the amount of a work used, the more likely it is fair use. Effect: Uses that do not compete with the market for the copyrighted work are more likely to be within fair use.

14 Fair Use and Special Libraries Fair use may apply to special libraries Although the purpose of use may result in first factor weighing against the library, the remaining three factors can lead to a special library benefiting from fair use Management decides extent to rely on fair use

15 If you could have one item in every digital license agreement you sign, what would that item be? Discussion Question

16 Reminders CCM 500 Quiz CCM 300 CCM CCM Dinner New Courses

17 Checklist/Blueprint for Managing Copyright