1. Copyright Basics for all Library Staff
Laura Solomon
@laurasolomon

2. Today’s agenda: Misconceptions about copyright law
The basics of copyright
Social media, images and more
Real-life examples quiz

3. IANAL

4. Misconceptions
Things we think but shouldn’t

5. #1: Copyright law is about money.
NOPE.

6. #2: Libraries are sued all of the time for copyright infringement.
NOPE.

7. #3: Things protected by copyright law are property.
WRONG:
RIGHT:
“STEALING” “PIRACY”
“INFRINGEMENT”

8. #4: There are legal rules that give definitive answers.
“To set copyright rules in stone would be to ‘freeze’ the law.”
Complete Copyright for K-12 Librarians and Educators by Carrie Russell

9. #5: Fair use is too hard.
Not as hard as you think

10. Wait…why so many misconceptions?

11. The basics of copyright
The foundation you probably should have had in library school

12. What’s protected?
ORIGINAL WORK
TANGIBLE MEDIUM

13. But, not everything is protected
Facts
Federal gov’t documents
Procedures and processes
Book titles
Verse forms
Standard arrangements

14. Ideas aren’t protected, either!
EXPRESSIONS

15. How long can something be copyrighted for?

16. Plagiarism vs. Copyright Infringement

17. When you want to use something:
Copyright
Fair use
Creative Commons
Public domain

18. Copyright

19. Exclusive rights of copyright holders
Right to reproduce
Create derivative works
To distribute copies
To perform the work publicly
To display the work publicly
For sound recordings, to perform the work publicly via digital audio transmission

20. Fair use
FOUR FACTORS

21. 1: Purpose of the use

22. 2: Nature of the publication

23. 3: Amount

24. “…the very type of activity that the fair use doctrine intends to protect for the enrichment of society.”
Judge Pierre Leval

25. 4. Effect on the market

27. Some other notes about fair use

28. What is Creative Commons?

29. Let’s talk about public domain

30. Why are works in the public domain?
Expired copyright
Federal government work
Not tangible
It was created prior to March 1, 1989
Not sufficiently original

31. New versions can still be copyrighted

32. It differs from country to country

33. Social media, images & more
We start dealing with some concrete problems

34. TOS can get you into trouble

35. https://policy.pinterest.com/en/terms-of-service

37. Ignorance isn’t a defense

38. Still pretty much OK, don’t panic

39. “If you found the image by typing something into Google and then saved the first image that came up that you liked, you probably can’t use it.”
Kristin Zaslavsky , “Please Don’t Use Images Just Because they Came Up in Google“

41. “Though libraries do not typically consider themselves to be engaged in ‘commerce,’ libraries should assume that their relevant uses of photographs and videos of patrons and other individuals are commercial in nature and subject to the statutory restrictions. “

42. Advertising or soliciting the use of the library’s services; or
“Accordingly, in using photographs and videos on its websites and social media pages, and in newsletters, announcements and other media, the general rule is that a library should not use or make reference to an individual’s persona without that individual’s prior written consent, where the use involves any of the following (collectively deemed to be ‘commercial purposes’):
Identifying the library or its products, merchandise, goods, services or activities;
Advertising or soliciting the use of the library’s services; or
Fundraising.”

43. Kid photos? Use caution.

45. https://makeuseof.com/wp-content/uploads/2014/07/use-copyright-picture.jpg?af40f3

46. Scavenger hunt quiz

47. BIG BAND
IS COMING!

51. Can you DO
this?

52. How about
THIS?

53. Can you copy that CD/DVD?

54. THINK: Is it infringing?
Is there a specific exception that allows your use?
If not, is it fair use?
Is there an alternative?
When in doubt, get permission.
THINK:

55. Further resources http://www.alastore.ala.or g/detail.aspx?ID=3104
Copyright Basics Video (Copyright Clearance Center) download/copyright-basics/

56. Questions?
Laura Facebook.com/meanlaura Meanlaura.com