Mary Minow J.D., A.M.L.S. New Copyright Tools and Best Practices: Copyright Law Update 2010 An webinar January 14, 2010

Legal Disclaimer Legal information Not legal advice!

Agenda New Copyright Tools and Best Practices 1. Tools 2. Best practices 3. Copyright Agent (that’s you!) 4. Legislation and cases –Google Books, e-reserves 5. Emerging issues

Copyright Tools and Charts Public Domain Fair U Get Permission Permission If no Specific Exceptions If no OK to Use?

fairuse.stanford.edu/charts_tools/ Is it still in copyright? New tools to figure it out

copyright.cornell.edu/resources/publicdomain.cfm Is it in the public domain? Public Domain

librarycopyright.net/digitalslider/ American Library Association Public Domain

collections.stanford.edu/copyrightrenewals/bin/search/advanced Was copyright renewed? Stanford University Public Domain

Digital Image Rights Computator Considers licenses and copyright Visual Resources Association

American Library Association Specific Exceptions

librarycopyright.net/fairuse American Library Association Fair Use

Baruch College Copyright Metro Specific Exceptions

Center for Social Media American University Comment, criticism Illustration Incidental Preserve Discussion New relationships Fair Use Best Practices – Online Video [See Code for detail]

Fair Use Prepare curriculum Informal sharing Student use Limited audiences [See Code for detail] Center for Social Media American University Best Practices – Media Literacy

Incidental use Critique Illustration Demonstration Center for Social Media American University [See Code for detail]

Orphan works … reasonable steps to locate owners Society of American Archivists

Copyright Agent Designate agent to receive copyright complaints File simple form with Copyright Office Put agent contact info on your site … Limits your copyright liability for user content $105 one time fee 'Chinese New Year 4704 (2007)' by FaceMePLS (via Flickr). CC BY license.

Form - Info and directory of agents Sample website language: Peninsula Library System tures/copyright.htm

Update: Cases and Legislation 10 million books scanned 2 million public domain (full text) 2 million publisher consent (some text) 6 million in proposed settlement (snippets now / 20 % proposed) See thepublicindex.org Google Book Search

Google Book Search - Update Dec 2009 Google loses French copyright court case 2010 Jan Canadian Writers object Jan 6 More U.S. writers groups object Jan 9 apology; stopped scanning Chinese books Jan 28 deadline to opt out Feb 18 amended settlement hearing National Writers Union, American Society of Journalists and Authors, Science Fiction an Fantasy Writers of America

wo.ala.org/gbs/wp-content/uploads/2009/11/A- Guide-for-the-Perplexed-Part-III-FINAL.pdf Readers’ privacy epic.org/privacy/googl ebooks/default.html Reader privacy Library Issues

E-Reserve Lawsuit Georgia State University news.justia.com/cases/featured/georgia/gandce/1:2008cv01425/150651/ pending Watch closely

Publishers on E-Reserves

Coursepack Lawsuit Ann Arbor MI news.justia.com/cases/featured/michigan/miedce/2:2007cv12731/222190/ blog.librarylaw.com/librarylaw/2009/09/the-other-course-pack-case.html Blackwell Publishing v. Excel (Oct. 14, 2009) Students copying at copy shop NOT FAIR USE

Catcher in the Rye 60 Years Later Unauthorized sequel [Holden Caulfield], 76, escapes retirement home Court blocked publication in U.S. Aug 2009 Library groups claim Fair Use On appeal Salinger v. Colting, ___ F. Supp. 2d ___, 2009 WL , No. 09 Civ (S.D.N.Y. July 1, 2009) (currently on appeal, Second Circuit)

H.R Fair Copyright in Research Works Act Would reverse National Institutes of Health Policy by prohibiting federal agencies from requiring federally funded works to have public access Pro: American Assn of Publishers j08/ppt/graphics/ms/image004.gif Con: Special Libraries Assn

Library Legislation: Section 108 Study Group Report (March 31, 2008) Add museums. Require libraries to have public service mission, trained staff, collection of lawfully acquired materials. Allow some outsourcing. Replacements and Preservation. Limited copies “as reasonably necessary." If license available, don’t copy. Web content preservation –libraries to capture publicly disseminated online content –If no harm to commercial exploitation –opt-out for rights holders (Library of Congress exempt) Libraries not liable for users’ scanners etc. Post sign. Digital ILL –no agreement

Library Copyright Alliance calls for multilateral treaty to resolve issues of accessibility for the blind and visually impaired. International Treaties

Emerging Issues

Publisher Viewpoint

Staying Current fairuse.stanford.edu