understanding and defending digital copyright in your library€¦ · 08/05/2018 · understanding...
TRANSCRIPT
Cheryl Ann Coyle
Understanding and Defending
Digital Copyright in Your Library
Understanding & Defending Digital Copyright
Please consult a Copyright Lawyer
Understanding & Defending Digital Copyright
Copyright Overview
Understanding & Defending Digital Copyright
• Digital Content is easy to redistribute without thinking
• License Agreements always take precedence over Copyright Law
• Internet content is covered by Copyright Law
• Accessibility provision for disabled individuals
(МихаилБанчев, 2016)
Main Ideas
Does NOT Protect
● Ideas
● Facts
● History
● News
Understanding & Defending Digital Copyright
Protect the expression
of an idea
Automatic Protection
* Originality
* Fixed Format
* Minimally CreativeThe Berne Convention for the
Protection of Literary & Artistic
Works
● Established 1886
● 1989 U.S. Joined
● International Copyright
Agreement
● 170 countries(Hombal, & Prasad, 2012)
Basics
Understanding & Defending Digital Copyright
DRM - Digital Rights
Management
● Protects digital content from
redistribution or other copyright
violations
Digital Content
● Copy for Archival purposes only
● Cannot backup any downloaded
digital content or other
copyrighted works
(PeteLinforth, 2015)
You cannot circumvent
technical security
measures.
Bits & Bytes
Understanding & Defending Digital Copyright
Library Issues● Managing own digital content
● Managing the rights of the content and keeping it connected to the content
● Publishers & vendors are trying to protect themselves from piracy and infringement
● Vendors retain control over access to materials
● DRM restricts access to content to protect the owner’s rights
● Fair Use may apply
(Hombal, & Prasad, 2012)
Understanding & Defending Digital Copyright
Questions
1. Can you caption a video you don’t own the rights to?
2. Can a library scan an article from a print journal in its
collection?
3. I’ve authored an OER textbook & want to allow people to
use it for free, but ask permission. Can I require that?
4. Am I covered as long as I give credit to the content I’m
using?
Understanding & Defending Digital Copyright
Licensed Content
Licenses or Contracts
ALWAYS
take Precedence
in
Copyright Cases(Bykst, 2016.)
Libraries can only use the material according to license specifications.
Understanding & Defending Digital Copyright
Working Within the Law
Understanding & Defending Digital Copyright
Creative Commons
(Suny Empire State College, 2018)
Understanding & Defending Digital Copyright
Chafee Amendment
(Association of Research Libraries, 2012)
● Passed in 1996
● Limited to published, non-dramatic, literary works
● “it is not an infringement of copyright for an authorized
entity to reproduce or distribute in specialized formats
exclusively for use by blind or other persons with
disabilities”
Understanding & Defending Digital Copyright
Fair Use (Hain, 2015)
● “Purpose and character of the use”
● “Nature of the copyrighted work”
● “Amount and substantiality of the portion used”
● “Effect of the use upon the potential market”
(U.S. Copyright Office, 2015)
Understanding & Defending Digital Copyright
DMCA
(Franklin, 2015)
Digital Millennium Copyright Act
● 1998
● “Sets limitations on copyright infringement liability for online service
providers (OSPs).”
● Instituted the rules for the preventing the “circumvention of
technological protection measures used by copyright owens to
protect their works”
● There is ongoing debate on whether or not Copyright Law is
keeping up with technology, or if technology is trying to sidestep the
Law
Understanding & Defending Digital Copyright
(Schmundt, 2014)
eBooks● There is no special eBook Copyright Law or Amendment
● Often governed by License Agreements
“We have thousands of e-books that we
could make available to our users,..But we
often aren’t allowed to because licenses are
so restrictive”
-- Harald Muller, qtd in
”How Copyright”, 2014
● DRM, Digital Watermarks, etc.
Understanding & Defending Digital Copyright
(Griffin, 2018)
Video● No current lawsuits for adding captioning to a video
● National Association of the Deaf sued Harvard & MIT
“for failure to caption all educational videos”
● Ideally get permission, or purchase a copy already
captioned
● “Strongest defense for video captioning is fair use.”
Court Case #1
Understanding & Defending Digital Copyright
Vernor v. Autodesk 2010
● ebooks viewed as computer software, not regular books
● Gave publishers the right to impose restrictions on the
use of their ebooks
○ # of users
○ $ charge more for single copy of ebook
○ max # of circulations
(American Library Association, 2014)
Court Case #2
Understanding & Defending Digital Copyright
Elsevier Inc. v. Sci-Hub, ACS v. Sci-Hub
● “Sci-Hub’s unauthorized reproduction and distribution of
Elsiever’s copyrighted works.”
● Elsevier was awarded $15 million
● ACS went a step further and sued for “additional boon of
the ability to see orders against search engines like
Google to cut links to Sci-Hub”
(Kupferschmid, 2018)
Understanding & Defending Digital Copyright
Fight for Your Rights
Understanding & Defending Digital Copyright
Advocacy
(Cornell University, 2016)
● Negotiate to use the materials as your patrons need
● Find specialized agencies who provide accessibility to
materials for the blind or disabled
● “Research has shown that all students can benefit from
certain improvements in the usability of course material”
Understanding & Defending Digital Copyright
References
American Library Association. (9 April 2014). Ebooks and copyright issues. Retrieved from
http://www.ala.org/news/state-americas-libraries-report-2014/e-books
Association of Research Libraries. (2012). Briefing: Accessibility, the Chafee amendment, and fair use.
Retrieved from http://www.arl.org/focus-areas/copyright-ip/fair-use/code-of-best-practices/2445-
briefing-accessibility-the-chafee-amendment-and-fair-use#.W2jj87gnY2w
Bykst. (2016) Contract [Digital image]. Retrieved from
https://pixabay.com/en/contract-consultation-pen-signature-1427233/
Cornell University. (2016). Accessibility and copyright materials. Retrieved from
http://acadtech.cit.cornell.edu/accessibility-and-copyright-of-materials/
Franklin, T. (28 September 2015). Copyright and fair use in the digital age. EContent. Retrieved from
http://www.econtentmag.com/Articles/News/News-Feature/Copyright-and-Fair-Use-in-the-Digital-Age-
105888.htm
Griffin, E. (21 February 2018). Copyright law vs. accessibility law: Is it fair use to caption videos you don’t
own? Retrieved from https://www.3playmedia.com/2015/04/09/copyright-law-vs-accessibility-law-is-it-
fair-use-to-caption-videos-you-dont-own/
Grappling with Digital Copyright
References
Hain, J. (2015). Justice scales [Digital image]. Retrieved from
https://pixabay.com/en/justice-scales-fairness-impartial-683942/
Hombal, S., & Prasad, K. (2012). Digital copyright protection: Issues in the digital library environment.
DESIDOC Journal Of Library & Information Technology, 32(3).
doi:http://dx.doi.org/10.14429/djlit.32.3.2380
Kupferschmid, K. (10 January 2018). Copyright law in 2017: 12 big court cases to know about. Retrieved from
http://www.copyright.com/blog/copyright-law-2017-12-big-court-cases-know/
МихаилБанчев. (2016). Human with question marks [Digital image]. Retrieved from
https://commons.wikimedia.org/wiki/File:Human_with_question_ marks.jpg
PeteLinforth. (2015). Copyright symbol [Digital image]. Retrieved from
https://pixabay.com/en/copyright-symbol-sign-business-law-850371/
Schmundt, H. (28 March 2014). How copyright laws keep e-books locked up. Spiegel Online. Retrieved from
http://www.spiegel.de/international/zeitgeist/how-copyright-laws-prevent-easy-sharing-of-e-books-a-
961333.html
Suny Empire State College. (19 January 2018). Get up to speed with OER. Retrieved from
https://subjectguides.esc.edu/c.php?g=754755&p=5408909
U.S. Copyright Office. (2015). Copyright.gov (U.S.A., Library of Congress, U.S. Copyright Office). Retrieved
from http://copyright.gov/fair-use/more-info.html