Copyright and Archives Peter B. Hirtle Co-Director Cornell Institute for Digital Collections

10 Nov SGA meeting 2 Overview of Presentation  “Copyright 101 for Archivists” –Quick introduction  Some practical suggestions on copyright  Touch briefly on digital issues DON’T EXPECT DEFINITE ANSWERS

10 Nov SGA meeting 3 When does Copyright Matter?  When you supply material to patrons  When you use archival material yourself –in publications –on your website

10 Nov SGA meeting 4 Why does Copyright Matter?  Code of Ethics  Copying copyrighted material may place your institution at risk  You need to work with relevant officials to determine how much risk your institution is willing to assume

10 Nov SGA meeting 5 How does Copyright Matter? Copyright owners exclusive rights: –Reproduce –Distribute –Display or perform –Prepare derivative works

10 Nov SGA meeting 6 What is Copyrighted? When the material is unpublished and in an archives, almost everything! –Copyright doesn’t expire until 2003 –No requirements for registration –One exception: federal government works If unpublished, assume it is copyrighted

10 Nov SGA meeting 7 When does Copyright Expire?  Generally, life of the author plus 70 years.  Nothing before 1 January 2003  See the chart for the details…

10 Nov SGA meeting 8 Who owns the Copyright?  Remember that copyright is separate from the material object.  Initially, the “author” owns the copyright –Your employer is often considered to be the author of your writings.  Transfer by writing or by inheritance

10 Nov SGA meeting 9 How can you make copies?  Copying is the exclusive right of the copyright owner – and you usually don’t own the copyrights.  Ask permission? –Civil War letters… –May be appropriate at times.

10 Nov SGA meeting 10 Section 108 copying  In an area of uncertainty, some concrete rules: –For textual records –Available to archives open to the public –Copying is for private research –Copy becomes property of user  An archival copying safe haven

10 Nov SGA meeting 11 What about graphic materials?  Section 108 excludes musical, graphic, and AV works  Must use Section 107, “Fair Use”  Judicially interpreted doctrine – no guidelines –Rawlings example  Based on purpose, nature, amount, and market impact of copying

10 Nov SGA meeting 12 How much at risk are you?  No institution has yet been sued  There is a waiver of statutory damages if you reasonably assumed that your use was fair  Act knowledgeably, and in good faith

10 Nov SGA meeting 13 What about Digitization?  Section 108: ok to digitize for preservation –Must use files in your building  Otherwise rules are the same…  Digitization can make infringing acts more noticeable

10 Nov SGA meeting 14 Dangers other than copyright 1.You may need to respect rights of: Privacy Publicity 2.By providing copies, you may lose control Can you control downstream use by licenses?

10 Nov SGA meeting 15 Recommendation: Risk Management  Become knowledgeable about copyright issues affecting your collections  Work with your institution to determine a level of risk you are willing to take  Accept that your ability to control use of your materials is slipping