1. Technology Fair OWHL Services and Copyright Michael Blake and Elisabeth Tully June 13, 2006

2. Today’s Agenda Services Databases Copyright

3. Services to the PA Community  Support recreational reading, viewing and listening  Support graduate education and research  Provides new materials in your discipline  Provide electronic course reserves  Build pathfinders in support of your discipline  Build course guides in support of your course

4. We collect recreational materials and offer special programs because you can’t work ALL of the time. New FictionNew Fiction and New Non-FictionNew Non-Fiction

5. The OWHL selects, organizes and makes readily accessible a wealth of materials in support of continuous learning, graduate education, scholarship and discovery. A to Z list Discipline list We welcome your suggestions for materials purchases. And if we don’t have what you need, we can get it for you!

6. The Library maintains a 24/7 virtual environment with efficient remote access to a multitude of electronic resources.

7. The OWHL provides customized individual instruction and support for classes. Pathfinders Course guides

8. The OWHL provides access to information tools

9. The OWHL provides answers to your copyright questions

10. US Copyright Law “The Congress shall have the power to promote the progress of science and useful arts by securing for limited times to authors and inventors exclusive right to their respective writings and discoveries.” US Constitution, Article 1, Section 8

11. What can be protected? Literary works Musical works and accompanying score Dramatic works and accompanying music Pantomimes and choreography Architectural works Pictorial, graphic, and sculptural works, Motion pictures and other audiovisual works Sound recordings Section 102 of the 1976 Copyright Law

12. What rights are granted? Reproduction Creation of derivative works Distribution of copies Performance rights Public display Digital audio transmission

13. What are the requirements? Copyright doesn’t protect ideas, it protects expressions. The expressions must be: Original Fixed in a tangible medium Copyright notification is NOT required.

14. The Process at Phillips Academy Commitment to compliance Copyright Web Site Community education Use of Electronic Form for materials submissionsElectronic Form

15. Steps in the Process Public Domain FAIR USE LICENSURE PERMISSION Determine if the material is in the public domain Determine whether the use is Fair Use Determine whether the OWHL licenses the content If NONE of the above apply, request permission from CCC

16. What is the “Public Domain?” The public domain is information, knowledge, discoveries, and artistic creations never, or nor longer protected by copyright. Public Domain Chart Project Gutenburg In general, works are in the Public Domain if they were published before 1923.

17. Fair Use The most important limitation on the rights of a copyright holder. It permits use of works for teaching, learning, and scholarship. Problem: There is no specific answer to the question “Is this a fair use?”

18. CONFU (Draft) Guidelines The Conference on Fair Use (1994-1998) was an attempt to develop guidelines for the emerging digital environment. Consensus among the members of the user communities and the content communities could never be achieved.

19. Factors determining Fair Use Section 107 1. The purpose and character of the use, including whether the use is for commercial or non-profit educational purposes. 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effect of the use on the potential market for or value of the copyrighted work FAIR USE CHECKLIST

20. Is Licensure available? Serials Solutions A to Z List

21. If all else fails… We need to request permission: Copyright Clearance Center Copyright Clearance Center

22. What happens next? Once the copyright issues have been resolved, the materials have to be delivered to the students.

23. Electronic Reserves Content delivered through the course management system (Blackboard) Managed by Librarians

24. The Library staff is here to serve YOU. The OWHL staff is made up of dedicated, knowledgeable, and talented librarians who are committed to providing competent and personal attention to the best customers in the world…YOU.

25. Any questions?

26. Any Questions? mblake@andover.edu or 978-749-4234 mblake@andover.edu