CRICOS No J a university for the world real R The Permission Barrier Copyright Law and Digital Preservation in Australia Jessica Coates Creative Commons Clinic Queensland University of Technology January 2009 Image: Enigma by heyjoewhereyougoinwiththatguninyourhand, under a Creative Commons Attribution 2.0 licence

CRICOS No J a university for the world real R

CRICOS No J a university for the world real R

CRICOS No J a university for the world real R Copyright by xkcd available at under a Creative Commons Attribution NonCommercial 2.5 licencehttp://xkcd.com/14/

CRICOS No J a university for the world real R Library and Archive Exceptions ss51A and 110B – allows preservation of lost or damaged works that are not ‘available in a reasonable time at an ordinary commercial price’ ss51B, 110BA and 112AA – ‘Key cultural institutions’ can make three copies of material in their collection of ‘historical or cultural significance to Australia’ to preserve it against loss or deterioration 200AB – allows uses for the purpose of maintaining or operating a library that: –do not conflict with a normal exploitation of the work; –do not unreasonably prejudice the legitimate interests of the copyright owner; –are a special case; and –involve material that is not commercially available.

CRICOS No J a university for the world real R Limitations Legislative What do the exceptions mean in the digital environment? commercially available etc Limited legal deposit – extension to digital soon? Orphan works – is s200AB the solution? Private Technological Protection Measures (eg DRM) – strong enforcement since USFTA Contracts – legally grey area (despite government recommendations Other  Remote access – particularly important because of Australia’s geographic challenges Lock by AMagill available at under a Creative Commons Attribution LicenceAMagillhttp://

CRICOS No J a university for the world real R Mainly government funded libraries eg NLA’s Preserving and Accessing Networked Documentary Resources of Australia (PANDORA) compares to US, where there are significant private projects eg The Wayback Machine

CRICOS No J a university for the world real R Primarily with the author’s agreement Exceptions State Library of Tasmania’s Our Digital Island (with help of statutory deposit scheme) National Archive of Australia PANDORA’s whole of domain harvests (3 since 2005)

CRICOS No J a university for the world real R Mostly ad hoc eg university sector online repositories no uniform approaches or policies re deposit, licence etc are some efforts to coordinate and establish guidelines etc

CRICOS No J a university for the world real R inefficient uncertain vulnerable unreliable discriminatory undermines public access

CRICOS No J a university for the world real R Key Recommendations Legislative  extend legal deposit to digital materials (deposit and harvest)  explicitly permit format shifting and multiple copying of digital holdings  provide TPM and contract exceptions  permit remote access to obscure works Non-Legislative  government study to investigate the commercial impact of preservation  preservation institutions work together to create uniform practices and guidelines  provide open access to Government material

CRICOS No J a university for the world real R have clear policies work with industry bodies to provide guidelines ensure licences with donors allow for preservation work with voluntary deposit schemes use open software standards for preservation projects consider open content licensing for own content don’t dismiss the analogue back up Thinking Hot by Lisandro Moises EnriqueLisandro Moises Enrique available at under a Creative Commons Attribution 2.0 licence

CRICOS No J a university for the world real R OAK Law is funded by the Australian Department of Education, Employment and Workplace Relations Image: Enigma by heyjoewhereyougoinwiththatguninyourhand, under a Creative Commons Attribution 2.0 licence