Copyright Issues Relating to Web 2.0 and Digital Content CCM 400 Instructor: Lesley Ellen Harris, Copyrightlaws.com SLA Click University Certificate in Copyright Management: Principles & Issues

2 Differences Print materials – physical ownership tho no right to reproduce – no restrictions on use (unless it is a copyright use) – CCC covers much photocopying E-materials – no physical ownership – license to use – use subject to conditions (in license) – may need to contact individual rights holders – may not have perpetual access to licensed content

3 Bottom Line Copyright protection for digital and non- digital content – e-book and print book protected Most online content is protected by copyright – with or without a copyright notice or statement – often a misconception that requires correction Some provisions just for digital…

4 Protected Digital Works Individual works: – - audio + video clips – digital images- online newsletter Compilations: – website/blog/intranet content – digital archives + digital library – digital databases, wikis – YouTube, LinkedIn, Facebook

5 Defining E-Rights Defined by right or media – right of reproduction – right to upload content May be called digital rights, database rights, online rights, multimedia rights, etc. Define e-rights for your license agreements

6 Law Updates new international digital treaties (WIPO) DMCA Sonny Bono Act The TEACH Act

7 Global Side to Digital Once outside own country = global issue Two 1996 treaties protect digital works in same manner as Berne protects traditional works Minimum standards for countries to follow More in CCM 300 Up to domestic law to apply: – jurisdiction – liability

8 Digital + Content - a survey of the issues -

9 Digital Reproduction Examples Reposting an image or article from a website Printing a work found online Saving a copy on disk, hard drive or other storage device Transmit a copy to another person

10 Browsing “Surfing” the Internet “Packets” of copies may be made en route to end user Implied consent? Fair use/dealing?

11 Viewing Content Viewing per se is not a right May involve browsing (see previous slide)

12 Caching Saving a web page copy by software to facilitate faster access to that page Implied consent? Fair use/dealing?

13 Protected by copyright Belongs to the author (or employer) of May not forward without permission

14 Website and Intranet Content Protected by copyright – individual components may be protected – website as a compilation may be protected Need permission to use content – implied in some circumstances? Need permission to post content of others on your site

15 Linking Linking to a home page is likely OK Linking to an internal page, may require permission (U.S. court cases settled out of court) Judgement call Linking agreements

16 Scanning Scanning or digitizing is a reproduction Requires permission of the copyright holder

17 Listservs, Bulletin Boards and Newsgroups Messages are protected by copyright Messages belong to authors (or employers) Reproductions or forwarding of messages require permission Implied consent?

18 Web 2.0 A Web 2.0 site allows users to interact and collaborate (rather than passive viewing of content) Examples: social networking sites such as LinkedIn and Facebook, blogs, wikis, video sharing sites such as YouTube, and mashups Need to apply copyright law to each situation

19 Basic Web 2.0 Issues Need to own content to post Assume posted content is protected User generated comments? Collaboration? Check Terms of Use in site

20 Twitter Are 140 words or less protected by copyright? If protected, do you need permission to retweet? Or otherwise copy the tweet?

21 Blog or Twitter Ownership Belongs to the blogger, or employer -- is blog related to work or outside the blogger’s work duties? Need for blogging policies/agreement at work?

22 Peer-to-Peer File Sharing Allows users to share files with one another Illegal--Napster--sharing music files – now much digital music is properly licensed Has legal uses too: – potential for use for interlibrary loan or other library services? – permission is key

23 E-Reserves Course materials are stored in e-form and may be accessed in the library or remotely licenses may permit e-reserves fair use argument – non-profit education -factual material – one article in periodical (rather than whole periodical) – limited access to e-reserves; time limited (delete at end of semester)

24 E-Archives Permission may be needed to create an e- archive or e-database of works -- if a copy is being made of the underlying/included works Archives or database may be protected by copyright as a separate copyright from the underlying works

25 Digital Libraries Preservation or wide availability? Public domain works - no permissions needed Unpublished archival material – library owns physical copy but not right to reproduce material – DMCA, Sony Bono Act (more in a moment…)

26 Using Works in Online Courses Without permission under TEACH Act Relying on fair use defense With permission of the copyright holder

27 TEACH Transmission only to students Must be an integral part of a class Must be directly related to teaching content Cannot be material specifically created for the educational market

The TEACH Act Allows nonprofit educational institutions to use copyright works in remote learning, including online courses Subject to a number of conditions For “an accredited nonprofit educational institution”

29 TEACH Institution must have a copyright policy; institution must disseminate copyright info to students and faculty Students can only retain work for the class session No forwarding of works

30 DMCA U.S. legislation Enacted to comply with digital WIPO treaties (and went beyond those obligations) Canada has no equivalent

31 DMCA Anti-circumvention provisions - illegal to avoid technology that prevents access to a work password or encryption Illegal to remove or alter copyright management info title of work, author or copyright owner

32 DMCA & Libraries May make up to 3 copies of an unpublished work for preservation, security or deposit for research in another library; one copy may be digital Digital copy can only be used by the public on library’s premises

33 Bono Act 1998, extension of copyright to life+70 During last 20 years, a library, archives or nonprofit educ’l insti. may reproduce, distribute, display or perform a work in digital form, if: – a copy cannot be obtained at a reasonable price – the work is no longer subject to commercial exploitation Copy may be used in any manner; each library must investigate the 2 above points themselves

34 Digital Rights Permissions Similar to clearing rights for traditional works (more in CCM 600) Unique features: – exclusive v. non-exclusive – obtain some non-digital rights too? – Use rights but also archive rights – payment on royalties or set fee? – protecting unauthorized uses of content

35 What is a License? License (rental) v. assignment (sale) Digital content is generally licensed Licensee is subject to a set of rules/conditions under which the licensed content may be used

36 Key License Clauses “legal” licensor and licensee definition of content (other definitions) rights licensor obligations (provide content/uninterrupted service) licensee obligations (use content within terms and conditions, policing and educating users)

37 More Clauses payment length of license and renewal permitted uses authorized users

38 Boiler Plates confidential information indemnity and warranties remedies dispute resolution governing law amendments to license complete agreement

39 Digital License Policy Written document wish list v. summary of successful terms and conditions preferred terms and conditions license checklist (description of content, authorized uses, authorized users, jursidiction) sample wording

40 DRM Digital rights management (DRM) Technology that controls access to content – encryption – password protection – watermarks

41 More on DRM Example: Downloaded music -- you may be allowed to install and play purchased songs on up to 5 computers and storage devices Controversial – owners argue DRM is mandatory for ensuring payment for works – users argue it takes away rights available in the physical world, including fair use

42 Future of Digital Copyright Is copyright dead? Is copyright flexible? Does copyright need revision? Does digital copyright present different copyright management issues?

43 Questions?