Copyright in Action Creating Sustainable Copyright Policies Copyright
Copyright in Action: Creating Sustainable Copyright Policies
Copyright Policies » Copyright policy overview » Library copyright policies » Putting your policies into practice » Answering Policy questions
Getting Started
Why Have Copyright Policies? » It’s everywhere! » Help staff and users understand their rights and responsibilities under the law » Help establish procedures for providing (or accessing) services and resources » Help to limit legal liability
What’s in a Copyright Policy? » To be effective, copyright policies MUST be based upon the law, not misconceptions and myths § Be written in plain language so those engaging with it can understand it § Must be practical and (fairly) easy to use » Maybe also info about the purpose of the policy? § Institutional mission § Project/service/resource goals
Who Are the Policy Makers? » Staff who will be directly involved with providing the service and resources » Library administrators » Campus attorneys » Patrons impacted by the service?
How Many Copyright Policies do you Need? » Likely, a lot § Library copyright policy § Service copyright policies § Resource copyright policies* § Event copyright policies » But not too many! § Over policy-ing can complicate things § It also makes people miserable § Some places where you MUST have a policy, and others where it’s debatable
THE Library Copyright Policy
The Library Copyright Policy » Serves as an overarching guide outlining the library’s intent in utilizing the law » In it’s simplest form… All library staff and patrons must engage with library resources and services in a way that supports compliance with US copyright law.
Taking it a Step Further » In an effort to support research, learning, and scholarship, library staff may take advantage of the exceptions and limitations found in US copyright law when providing access to services and resources to patrons. » Library staff will strive to do so in a way that strikes a balance between the rights granted to creators under the law and the rights granted to those looking to use copyrighted works. » Library patrons should engage with library services and resources in ways that promote compliance with the law. » Library staff and patrons who have questions about copyright law can contact xxxxxx at xxxxxx for more information.
Examples--Smith College Copyright Policies The purpose of copyright, as articulated in the United States Constitution, is to "promote the Progress of Science and useful Arts. " As Smith College realizes its mission to educate its students, and to conduct research in the arts and sciences or engage in the performing and creative arts, the Smith College community has a special responsibility towards the use of copyrighted works. As creators of copyrighted works, we appreciate the incentive that copyright holds for the dissemination and preservation of our creative efforts in order to advance and expand general knowledge. As users of copyrighted works, we honor both the opportunities for and limitations to using the intellectual property of others. We also act as significant role models for our students for the responsible use of copyrighted work in teaching, learning, research and scholarship. We are acutely aware of the importance of striking an appropriate balance, as US law does, between the rights of intellectual property owners to govern the dissemination and use of their works and our need to use information quickly and efficiently in our teaching, learning and scholarship. https: //libraries. smith. edu/services/faculty/smith-copyright-policies
Example--Dartmouth Copyright Policies and Guidelines » » Dartmouth community members are expected to follow copyright law, Title 17 of the United States Code, while fulfilling the core mission of teaching, research, and extending knowledge and creativity in all areas. The provisions in the copyright law allow an author, artist, composer or other creator of a work to control the use of his or her work by others, with important exceptions. Copyright protections and the accompanying exceptions extend to print and digital formats of literary works, musical works, unpublished materials such as manuscripts, dramatic works, pantomimes and choreographic works, pictorial and graphic works, sculpture, motion pictures and other audiovisual works, sound recordings and architectural works. The Fair Use exceptions to the exclusive rights of copyright owners that are described in section 107 are critical to fulfilling the academic mission. Among other key sections of the Copyright law that support the academic enterprise are 108 (reproduction by libraries), 110 (performances), and 121 (reproduction for people with disabilities). If a use does not fall under an exception to the exclusive rights of the copyright holder, use of copyrighted material requires permission of the copyright owner. A separate Dartmouth policy governs the ownership of copyrights to material developed by faculty and other College employees. Questions regarding copyright law compliance should be directed to the Office of the General Counsel or the Dartmouth Library. https: //www. dartmouth. edu/copyright/
Example--University of Connecticut Library Current technology offers many opportunities to create, distribute and control copyright protected works. Taking advantage of these opportunities sometimes places the scholarly and education community at odds with commercial interests. Copyright law attempts to balance these competing interests and to assure responsible copyright behavior. It is critical that all members of the University of Connecticut community stay informed about their rights and responsibilities. General Copyright Guidelines When considering the reproduction of any original work, determine whether 1) the work is protected by copyright, 2) the intended use qualifies as a fair use or an exception, or 3) the work is available under a license agreement. If the work is protected and the intended use is not a fair use or legal exception, then seek permission from the copyright owner. If permission is denied, seek alternative works. If there are no alternative works, consult with the Office of the General Council (UConn). https: //lib. uconn. edu/about/policies/copyright/
Institutional Policy Recommendations » Write it in plain language! » Reference the law » Include information about your mission » Include information about who (or what, e. g. a website) folks can contact with questions or for more information
Service Copyright Policies
Overview Outline the application of copyright law to when it impacts library services: » » » Course reserves Interlibrary Loan Preservation Security and/or Replacement Making copies for those with disabilities Makerspaces
Crafting Service Copyright Policies » How does copyright come into play? » What exceptions and limitations are applicable to the service? » Other considerations (e. g. licenses, public domain works)
Print Reserves Copyright Considerations » Circulating works » Making copies of works? » Making alternate copies of works? » Permissions Exceptions » First Sale Doctrine (§ 109) » Fair Use (§ 107) » Library and Archives (§ 108)
Sample Print Reserve Policy Print reserves services will be made available in compliance with US copyright law. This entails: » Circulating lawfully acquired copies of items, e. g. books, DVD’s, and CD’s, from the library’s collection. » Acquiring new works for the library’s collection through purchase or donation that can be made available for reserve use. » When applicable, making copies of copyrightable works available under the exceptions and limitations found in US copyright law, including but not limited to fair use. » Obtaining permission or a license make and circulate copies works that exceed the scope of the exceptions and limitations found in the law. While it is the library’s intent to make works widely available through this service in support of the teaching and learning mission of the institution, library staff reserve the right to refuse any request they feel falls outside the scope of US copyright law. Instructors who have questions about how copyright law applies to print reserve services should speak with (include contact information here).
Electronic/Media Reserves Copyright Considerations » Making copies of works » Making alternate copies of works » Distributing copies of works » Linking » Licensing » Permissions Exceptions » Fair Use (§ 107) » Library and Archives (§ 108) » TEACH Act (§ 110(2))
Sample Electronic/Media Reserve Policy Electronic and media reserve services will be made available in compliance with US copyright law. This entails: » When possible, linking to resources made freely and legally accessible online. This can include linking to electronic resources made available through the library’s online databases or those found elsewhere online. » When applicable, making copies of works available under the exceptions and limitations found in US copyright law, including but not limited to fair use and the TEACH Act. » Obtaining permission or a license to digitize and post works that cannot be linked to or that exceed the scope of the exceptions and limitations found in the law. While it is the library’s intent to make works widely available through this service in support of the teaching and learning mission of the institution, library staff reserve the right to refuse any request they feel falls outside the scope of US copyright law. Instructors who have questions about how copyright law applies to electronic and media reserve services should speak with (include contact information here).
Interlibrary Loan Copyright Considerations » Making copies of works » Distributing copies of works » Licensing » Permissions Exceptions » Fair Use (§ 107) » Library and Archives (§ 108)
Sample Interlibrary Loan/Private Study Copies Policy Interlibrary loan services will be made available in compliance with US copyright law. This entails: » Exploring options to purchase copies of works for our patron’s use. » When applicable, obtaining or sharing copies of works under the exceptions and limitations found in US copyright law, including but not limited to fair use and the limitations on exclusive rights: Reproduction by libraries and archives found in Section 108. » Obtaining permission or a license to obtain or share works that exceed the scope of the exceptions and limitations found in the law. While it is the library’s intent to make works widely available to our patrons and patrons at other institutions, library staff reserve the right to refuse any request they feel falls outside the scope of US copyright law. Patrons who have questions about how copyright law applies to interlibrary loan should speak with (include contact information here).
Preservation/Security/Replacement Copyright Considerations » Making copies of works » Distributing copies of works » Permissions, including obtaining permission from donors » Licensing, including donor agreements Exceptions » Fair Use (§ 107) » Library and Archives (§ 108)
Sample Preservation & Replacement Policy There may be times when the library needs to make copies of works in it’s collection to help preserve the integrity of the item, due to it’s delicate or sensitive nature, to replace the item due to wear-and-tear or theft, or in order to preserve the item for future use. In these situations, copies of work will be made in compliance with US copyright law. This entails: » When applicable, exploring options to purchase replacement copies of items » When applicable making and sharing copies of under the exceptions and limitations found in US copyright law, including but not limited to fair use and the limitations on exclusive rights: Reproduction by libraries and archives found in Section 108. » Obtaining permission or a license to make and share copies of works that exceed the scope of the exceptions and limitations found in the law. While it is the library’s intent to make works widely available to our patrons and patrons at other institutions, library staff reserve the right to refuse any request they feel falls outside the scope of US copyright law. Patrons who have questions about how copyright law applies to interlibrary loan should speak with (include contact information here).
Digitization Projects Copyright Considerations » Making copies of works » Distributing copies of works » Public performances and/or displays of works » Permissions, including obtaining permission from donors » Licensing, including donor agreements Exceptions » Fair Use (§ 107) » Library and Archives (§ 108)
Sample Digitization Policies? » Here, it may be helpful to have an overarching digitization policy, then subpolicies specific to each digitization project.
Making Accessible Copies Copyright Considerations » Making copies of works » Making derivatives » Distributing copies of works » Permissions » Licensing Exceptions » Fair Use (§ 107) » Library and Archives (§ 121)
Sample Accessibility Policy In supporting access to services and resource and in compliance with US law, including the American’s with Disabilities Act, the library make accessible copies of works when needed for patrons with have disabilities. This entails » Exploring options to purchase an accessible copy. » When applicable, making copies of works available under the exceptions and limitations found in US copyright law, including but not limited to fair use and the limitations on exclusive rights: Reproduction for blind or other people with disabilities found in Section 121. » Obtaining permission or a license to make accessible copies of works when they cannot be purchased and when making our own copy exceeds the scope of the exceptions and limitations found in the law. While it is the library’s intent to make works widely available through this service in support of the mission of the library and accessibility laws, library staff reserve the right to refuse any request they feel falls outside the scope of US copyright law. Patrons who have questions about how copyright law applies to the making of accessible services should speak with (include contact information here).
Resource Copyright Policies
Sometimes Licenses, Sometimes Policies » Licenses will control how patrons access many of our electronic resources » Copyright exceptions may be applicable to many other resources » Some may be an interesting combination of both
License “Policies” » Information regarding how we can engage with our various licensed resources » Important, especially if our license agreements trump rights we may normally have under US copyright law, e. g. ILL lending, linking, fair use rights, etc. » How do we share this info with patrons?
For Example
For Physical Resources » Generally, few licenses tied to these works » Barring a license, patrons may use them in any way supported by US copyright law. » Instead of a policy controlling the actions of users, have copyright information for users readily available.
Those Mixed Ones » Open Access (OA) and Open Educational Resources (OER) » Government Documents » Other public domain works » Donor agreements that control the reuse of works, even those in the public domain » You’re not necessarily setting the policies, rather you are helping patrons understand how they can engage with works
Library Duplication Equipment! » Unmonitored photocopiers, scanners, audio/video duplication equipment » “Monitored” duplication equipment
Unmonitored Duplication Equipment Exception: 17 USC 108(f)(1) Nothing in this section shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law
That Notice Could Read… The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
“Monitored” Duplication Equipment Here, think of “monitored” in terms of library staff making the copies. Exceptions » Fair use (17 USC 107) » Libraries & archives (17 USC 108)
Sample Duplication Services Policy The library makes copying and printing services available for patrons. These services are offered in compliance with US copyright law. This entails » When applicable, making copies of works available under the exceptions and limitations found in US copyright law, including but not limited to fair use exception. » Obtaining permission or a license to make copies of work when they exceed the scope of the exceptions and limitations found in the law. Library staff reserve the right to refuse any request they feel falls outside the scope of US copyright law. Patrons who have questions about how copyright law applies to duplication services should speak with (include contact information here).
3 D Printing/Makerspace Policies » Copyright entail copyright, trademark, and patent considerations » Find information and resources identified by ALA, including sample policies here: http: //www. ala. org/advocacy/intfreedom/3 d _printer_policy
Event Copyright Policies
Copyright & Events » Children’s programming » Film screenings
Children's programming » Story time » Coloring pages » Playing music » Craft projects
Children’s Programming Copyright Considerations » Public performance/display of copyrighted works » Making and distributing copies of copyrighted works » Licensing » Permissions Exceptions » Fair Use (§ 107) » Library and Archives (§ 110(1))
Sample Children’s Programming Copyright Policy » It depends! » Very case-by-case » Instead, consider establishing best practices?
Films Screenings Copyright Considerations » Public performance of a videorecording/audiovisual work » Licensing » Permissions Exceptions » Fair Use (§ 107) » Face-to-Face teaching (§ 110(1))
It Depends! 1. 2. 3. 4. Who is hosting the screening? Where are they hosting the screening? Who is being invited? What is the work being screened? 1. Is it a public domain work? 2. Does it fall under an item, resource, institutional, or terms of use license? 5. Could the performance fall under fair use or the face-to-face classroom exception?
Sample Film Screening Policy Library staff or members of the public may wish to use library resources and spaces to host film screenings that are open to the public or to select groups of individuals. These screenings must be held in compliance with US copyright law. This may include: » Screening films in compliance with its associated license » Taking advantage of exceptions found in the law, including but not limited to fair use and the face-to-face teaching exception found in Section 110(1) » Obtaining permission or a license to host the screening. Patrons who are interested in hosting a film screening using library resources or on the library’s premises should contact (include contact information here).
Film Screening Resources » Procedures for staff? » Documentation for patrons?
Policy Implementation
Consider » What do you really need policies for? » Who are the policy makers? » Where do copyright decisions need to be made? » Who will make the applications of the law? » Who has final decision making authority and/or will make the tough calls? » What parts are flexible and what parts are not?
If a Policy is Not Working Out » Why? § § § Is it impractical? Is it no tailored to the circumstances Are staff choosing not to follow it Is it not based upon the law Is it outdated?
Revisit and Revise » Initially, take them for a test drive, then revisit and revise § Staff who are frequently using it § Patrons impacted by it § Keep administrators in the loop regarding what is going on » Revisit and revise on a regular basis § The law can change! § Judicial opinions and jury verdicts can also have influence § It’s just a smart way to operate
We Want to Help » It’s the nature of our profession » Helping should not extend to violating copyright policies and/or breaking the law » Help those using the policy learn about the law » Use tools and resources to help make thoughtful applications of the law » Be prepared to back-up staff when patrons (or fellow staff members) are not pleased with the answers they receive
Carla Myers Assistant Librarian & Coordinator of Scholarly Communications Miami University Libraries 513 -529 -3935 myersc 2@miamioh. edu This work is licensed under a Creative Commons Attribution. Non. Commercial 4. 0 International License.
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