Kraemer Copyright Conference Copyright and Digitization and Perseveration of State Government Documents A Detailed Analysis Brett Currier: Director of Scholarly Communications here in the library; JD/MSLS from UNC Kraemer Copyright Conference June 7, 2016

About us Brett D. Currier University of Texas at Arlington Director of Scholarly Communications Anne Gilliland University of North Carolina: Chapel Hill Scholarly Communications Officer Dave Hansen Clinical Assistant Professor of Law and Reference and Faculty Research Librarian

Defining state government State government: “. . . an institution, board, commission, or department of: (A) the state or a subdivision of the state; or (B) a political subdivision of the state, including a municipality, a county, or any kind of district.” (Tex. Gov. Code § 10- 2051.022).

Defining government documents Government Document: Information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; (2) for a governmental body and the governmental body: (A) owns the information; (B) has a right of access to the information; or (C) spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or (3) by an individual officer or employee of a governmental body in the officer's or employee's official capacity and the information pertains to official business of the governmental body.(a-1) Information is in connection with the transaction of official business if the information is created by, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer's or employee's official capacity, or a person or entity performing official business or a governmental function on behalf of a governmental body, and pertains to official business of the governmental body

Copyright Implication Format Shifting Digital Duplication Public Display

Public domain status of government works Federal Documents 17 USC 105 State documents protected by Copyright law

State Government Exceptions Facts Cases Statutes Regulations State Law Exceptions California: Public Domain unless otherwise authorized by statute Cnty. of Santa Clara v. Superior Court, 170 Cal. App. 4th 1301, 1335, 89 Cal. Rptr. 3d 374, 399 (2009) Florida: Public Domain unless explicitly authorized by statute Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. Dist. Ct. App. 2004) Massachusetts State Copyright Resource Center

Orphan works Closed government entitles: North Carolina Film Board Ghost towns: Bodie, California

Fair use Purpose and character of the work Nature of the work Publication status Amount and Substantiality Effect of the Use upon the marketplace For many, but not all, difficult to argue effect of the use upon the marketplace

Codes of Best Practices Code of Best Practices in Fair Use for Academic and Research Libraries Statement of Best Practices in Fair Use of Collections containing Orphan Works for Libraries, Archives, ad Other Memory Institutions

Library Exception Copyright Checklist for Libraries The entire work or a substantial part of a work if, after a reasonable investigation, the library or archives has determined that a copy or phonorecord of the work cannot be obtained at a fair price. Textual work or sound recording (but not a sound recording of music—see exclusions listed below); o Audiovisual works dealing with news; or Pictures and graphics published as illustrations, diagrams, or similar adjuncts to an allowed work

Questions? Brett D. Currier brett.currier@uta.edu