ACP Membership Meeting September 4, 2014

  Some Common Copyright Myths  Copyright Basics  Application to Publishing  Using Material  Creating Material Outline of Today’s Session

  Copyright laws don’t apply to non-profits.  If we aren’t going to sell it, we don’t need permission.  If there’s no copyright notice on something, it’s in the public domain.  If it comes from the Vatican, it’s in the public domain.  We paid the author (photographer, artist, etc.) for the work, so we own the copyright.  If it’s more than 50 (or 75 or...) years old, it’s in the public domain.  If it’s less than 500 (or 300, or 250) words, it’s fair use. Copyright Myths

I always like a dragon in my myths. (but beware you might get burnt!)

  What is copyright?  How do you get it?  How long does it last?  Why bother registering? Copyright Basics

  review or criticism  short passages in a scholarly or technical work  parody  news report  incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported  reproduction by a library of a portion of a work to replace part of a damaged copy  reproduction by a teacher or student of a small part of a work to illustrate a lesson Fair Use

  The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes  The nature of the copyrighted work  The amount and substantiality of the portion used in relation to the copyrighted work as a whole  The effect of the use upon the potential market for, or value of, the copyrighted work Determining Fair Use

  How does your house make determinations about fair use?  What processes do you have in place with regard to copyright registration?  What additional information/resources about copyright do you need for your staff? Discussion

  When to ask  Who to ask  For what do you ask  How long it will take Using Material

 Title of work being excerpted Description of excerpt (number of words, seconds of music or footage, etc.) Your use (media, length, print run, list price, territory, term) Proof pages (?) Information to Include in Your Requests

  Get it in writing!  Make sure you have necessary releases.  Be very clear on terms – what do you own, what can you do, what can you allow others to do, what do you owe. Creating Material

         Index of Open Collections  Resources for Images

  Record-keeping is your friend.  Beware of “commons” sites.  Consider creating a “safe” library of texts and images. Final Recommendations

  How do you manage permissions data (input and management)?  Who is responsible for requesting permissions and updating records?  Are permissions fees and royalties handled differently in terms of approval and payment?  What are your current and expected future challenges in obtaining permissions? Discussion

 Questions