Copyright, Licensing, & the Provision of Electronic Resources Vicki L. Gregory Associate Professor University of South Florida

What is Copyright? A copyright is the group of fundamental rights given to the author of a creative work. These exclusive rights include: reproduction adaptation publication performance display

Copyright Protection versus Licensing Licensing may restrict rights of libraries normally protected by copyright laws First Sale Doctrine Licensing Differences: Ownership of a copy versus “use” rights

Exceptions to the Exclusive Rights of Copyright Holders Public Domain Fair Use Archival Preservation Interlibrary Loan

Recent Amendments to the Current Copyright Law Copyright protection has been extended to the life of the author plus 70 years (Copyright Term Extension Act) or 95 years for corporate authors. Unpublished works provision Digital Millenium Copyright Act Circumvention of any technological protection measure Limitations on Online Service Provider liability Digital preservation Effect on distance education

New Provisions Title I: New prohibitions on circumvention of protection technologies Title II: Limitation on online service provider liability Title IV: Provisions on digital preservation and distance education –Can make up to 3 preservation copies

Fair Use The purpose and character of the use, including whether such use is of a 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; and The effect of the use upon the potential market for or value of the copyrighted work.

Fair Use in a Digital Environment-- Library Perspective Right to browse and make single copies for research, criticism and teaching Electronic reserves Interlibrary loan?

Copyright versus Licensing Copyright represents a set of general regulations negotiated through statutory enactment. The same laws and guidelines apply to everyone in the country. Licenses, or contracts, represent a market-driven approach to such regulation. Each license is arranged on a resource by resource basis.

Impact of Licensing on Digital Libraries Negotiating restrictions on rights that we and our patrons can live within Can we even acquire the resource? Resource sharing: Is it a thing of the past? Preservation: will the resource be available in 10, 20, 30 years or more?

Licensing Approaches Licensed access to computer or other information resources of the entity issuing the license, that is, contracts for online services or access licenses Contracts governing the use of a licensor’s software on the licensee’s equipment or network, that is, software licenses (generally a “shrinkwrap” or “click-through” license, not signed)

Enter UCC2B Uniform Commercial Code Draft of new Article 2B –Text of article is available at: What may this new article mean for licensing and libraries?

UCC2B or Copyright Law? Article 2B would also provide a formal frame- work to govern the licensing of information as distinguished from intellectual property. These revisions would extend legally enforce- able rights beyond the scope of traditional intellectual property concepts.

Summary of Major Issues Contract law and pay-per-view threaten traditional fair use rights and the ability to share resources in the traditional manner; Archiving is becoming more problematic due to contract restrictions imposed by some electronic publishers; and Acquiring electronic publications is sometimes problematic due to licensing restrictions.