COPYRIGHT VS. ACCESS Some observations and arguments regarding the balance between copyright and free expression…

…by two guys who are often just as confused and frustrated by copyright as most anyone else, but whove decided to take an open and thoughtful approach to the subject. Dr. John Eye Web Librarian, Southern Utah University Prof. Phil Roché Access Services Librarian, Southern Utah University

Great Mysteries of Existence What is the meaning of life? What is the nature of man? Are we alone or is there other intelligent life in the Universe? Can I make multiple copies of a section of this document and distribute it to my class for use in a noncommercial nature and if so, how much of the section is permissible to photocopy within fair use guidelines?

Beware! The following is information, NOT legal advice.

Some copyright questions we have Is current copyright law too controlling? Is fair use reliable? Is copyright infringement the same as stealing? Have the changes to copyright duration proved beneficial? Is automatic copyright protection helpful? Are technological protection measures, such as DRM, useful? Are licensing agreements effective? What are some of the outcomes of current copyright law?

Is copyright law too controlling? Economic incentives are necessary. Creativity incentives are essential. Access is crucial for an open society. Pro CopyrightPro Access

Is fair use reliable?fair use Its very flexible. Its wide-ranging. Teaching Research Scholarly work News reporting Criticism Its ambiguous. Its vague. Its wide open to interpretation. Pro CopyrightPro Access

Is infringement the same as stealing? Its illegal! Downloading unauthorized content is the same as stealing a tangible object. It negatively affects business and industry.negatively affects business and industry The comparison is not completely analogous. Courts have not ruled consistently. Pro CopyrightPro Access

Have the changes to copyright duration proved beneficial? Duration strengthens incentive to create. Keeps creations intact. Disneyland Memorial Orgy Its only to bolster corporate profits – 14 years renewable for another 14 years – 28 years renewable for another 14 years – 28 years renewable for another 28 years – life of the author + 50 years – life of the author + 70 years. Association of Research Libraries, 2007 Pro copyrightPro Access

Is automatic copyright protection helpful?automatic copyright protection It protects economic interests for creators and their expressions. Protects moral rights. It unnecessarily locks- up content. It blocks access to information that could benefit society. It leads to orphan works.orphan works Pro copyrightPro access

Are technological protection measures, such as DRM, useful?DRM Not only useful, but necessary. Help creators and content owners, via technology, to maintain control. Theyre over-reaching. Circumnavigate fair use protection. Pro copyrightPro access

Are licensing agreements effective? They satisfy all parties. Endorsed by AAP, BSA, ESA, IFTA, MPAA, NMPA, & RIAA. They supersede fair use. Pro copyrightPro access

What are some of the outcomes of current copyright law? Copyright protects content owners. Copyright safeguards financial interests of copyright holders. Copyright law creates a chilling effect.chilling effect Big business exerts influence via lawsuits and misleading interpretations. Big business exerts influence Pro copyrightPro access

Who wins, who loses? Everyone? Does this really work for all of us? No one? Is current U.S. Copyright Law so restrictive that it damages access to creative works for everyone? Someone? How do some win more than others? Financially? Via control of information? How else?

Where do we go from here? Whine and complain? Preach to the choir? Take a proactive approach Engage in thoughtful discussion Contact elected Representatives Learn more: ALA – Copyright Advisory Center Creative Commons International Intellectual Property Alliance Stanford Center for Internet and Society – Fair Use Project

This work is copyrighted! If you try and use any portion of this presentation without our permission and consent, well hunt you down! Just kidding. This work is licensed under the Creative Commons Attribution-Noncommercial 3.0 United States License. To view a copy of this license, visit or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA.