IP LibCMASS, 5th September 2011 Librarians and cultural professionals as protectors of copyright and users’ rights Aleksandra Horvat University of Zagreb, Croatia IP LibCMASS, Contract № 2011-ERA-IP-7

IP LibCMASS, 5th September 2011 Content Why should librarians and other cultural managers learn about copyright? Users’ rights and authors’ rights Authors’ works → protected and in public domain Author or rightholder Kinds of rights Exceptions and limitations → solution for librarians/users

IP LibCMASS, 5th September 2011 Content Collective management of rights Licences and licensing Digitisation and Web Workshop

IP LibCMASS, 5th September 2011 Why copyright? Digital material is easy to reproduce and disseminate Libraries and archives are encouraged to digitize their holdings Digitization is an act of reproduction and an act of making available to the public Author’s permission is needed for both

IP LibCMASS, 5th September 2011 Terms to keep in mind Copyright → in the Anglo-American part of the world Author’s right → in Europe (apart from the UK)

IP LibCMASS, 5th September 2011 Users’ rights Free access to literary, scientific and artistic works → the task of cultural institutions in the society Freedom of thought and freedom of expression guaranteed by the constitutions The right of the general public to have access to information

IP LibCMASS, 5th September 2011 Authors’ rights Recognized in the constitution Serve the individual interests, but are limited in the interest of the general public

IP LibCMASS, 5th September 2011 Duration of copyright Limited (life of the author + 70 years)

IP LibCMASS, 5th September 2011 Terms to keep in mind Author → always the rightholder Rightholder → can be anybody

IP LibCMASS, 5th September 2011 A short history Copyright originates in the 18th c. Earlier → authors’ works considered to be tangible property National laws on copyright International copyright law

IP LibCMASS, 5th September 2011 Copyright today Tendency to extend the duration New rights introduced Collective management of rights

IP LibCMASS, 5th September 2011 Author’s work Literary, artistic or scientific creation expressed in language sound form gesture their combination Has to be original

IP LibCMASS, 5th September 2011 Plagiarism “Borrowing” from another author Copyright violation Considered dishonest, unethical and illegal from the 18th c. onwards Earlier → authors were encouraged to copy the masters as closely as possible Cannot be in copyright

IP LibCMASS, 5th September 2011 Terms to keep in mind Protected work Work in public domain

IP LibCMASS, 5th September 2011 What is not protected News Data Official publications Works of folklore Works in public domain

IP LibCMASS, 5th September 2011 Author’s rights No formality needed Moral (personal) Economic

IP LibCMASS, 5th September 2011 Moral rights The author has the right to decide how and when to publish to be acknowledged as the author to object to any changes or to any other action that might harm his/her reputation to retract (take back or withdraw the work)

IP LibCMASS, 5th September 2011 Economic rights reproduction distribution communication to the public making available to the public adaptation (translation, etc.)

IP LibCMASS, 5th September 2011 Other rights Right to the remuneration for reproducing for private use Public lending right

IP LibCMASS, 5th September 2011 Neighbouring rights Performers Phonogram producers Radiodiffusion organizations Publishers

IP LibCMASS, 5th September 2011 Exceptions and limitations Berne Convention for the protection of literary and artistic works, 1887 Quotation Education News reporting

IP LibCMASS, 5th September 2011 Exceptions and limitations EU Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society, 2001 Quotation Reproduction for private use Reproduction for libraries, archives, educational and research institutions For handicapped persons For educational purposes For the courts For news reporting Parodies, caricatures, etc.

IP LibCMASS, 5th September 2011 Terms to keep in mind Exceptions and limitations Provide the legal basis for library services No need for author’s permission For certain uses authors have to be compensated

IP LibCMASS, 5th September 2011 Treaty for Libraries s/tlib.pdf

IP LibCMASS, 5th September 2011 Collective management organizations Relatively new organizations Useful to represent certain types of authors, e.g. composers, music performers, etc. Permission for the use can be obtained in one place

IP LibCMASS, 5th September 2011 Licences and licensing EU Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society, 2001 Licences must be in accordance with the national copyright laws Most of the digital materials is licensed Creative Commons

IP LibCMASS, 5th September 2011 Digitization reproduction allowed for works in public domain private use preservation purpose permitted by licencing

IP LibCMASS, 5th September 2011 Digitization + making available to the public a consent of the author is needed

IP LibCMASS, 5th September 2011 Digitization Orphan works → works whose author cannot be identified and/or found a new exception extended collective licensing

IP LibCMASS, 5th September 2011 Libraries A policy statement regarding copyright

IP LibCMASS, 5th September 2011 Web linking photographs and images use of book covers and jackets screenshots podcasts databases software Web 2.0

IP LibCMASS, 5th September 2011 Workshop Instructions: Students will work divided into groups. The task of each group is to provide a detailed answer to a question posed by the instructor. The group has 20 min to write down the answer and describe the procedure taken in each case step by step.

IP LibCMASS, 5th September 2011 Question no. 1 How can a librarian determine if the work is in copyright?

IP LibCMASS, 5th September 2011 Question no. 2 The library wants to digitize the unpublished manuscript of the memoirs of a contemporary writer which has been donated to the library by the writer's family. What must it do?

IP LibCMASS, 5th September 2011 Question no. 3 The librarian has to make a webpage for her library. She wishes to include the texts of her colleagues and add some images found on other webpages, which she would like to change a little to suit her needs. She wishes to place links to other websites. How is she supposed to handle all this?

IP LibCMASS, 5th September 2011 Question no. 4 A publisher wishes to publish a new revised edition of a work written and previously published in collaboration. How must he handle the matter?

IP LibCMASS, 5th September 2011 Question no. 5 The Union of the Blind wishes to reproduce an author's work in Braille and as an audiocasette for its members. Can they do it?

IP LibCMASS, 5th September 2011 Question no. 6 Write a short take-down policy statement accompanying your library's digitized collection of materials aimed at researchers and students!

IP LibCMASS, 5th September 2011 Question no. 7 Is a teacher allowed to publish her student’s essay on the Internet?

IP LibCMASS, 5th September 2011 Question no. 8 The library wishes to publish an out-of- print work from its collection. Is it allowed to do it?

IP LibCMASS, 5th September 2011 Question no. 9 Is browsing of webpages copyright violation? Supply arguments for your answer.

IP LibCMASS, 5th September 2011 Question no. 10 What can a library do for its users based on exceptions and limitations in the copyright legislation?