1. Copyright Law & Fair Use Rights Sponsored by the Intellectual Freedom Committee VLA Annual Conference Friday, October 26, 2012; 3:15–4:00 p.m.

2. The VLA Radio Network Presents Copyright for Librarians: Old Rules and New Technologies

3. Your Host –Timothy Coggins University of Richmond School of Law Library Special Guests – Professor James (Jim) Heller College of William and Mary, Wolf Law Library Professor Sarah (Sally) Wiant Washington & Lee University School of Law

4. Program Today Outline briefly basic issues about copyright law Discuss recent developments, including the Georgia State University case, the Google book settlement, licensing settlement, and more

5. What rights does a copyright owner have? 4

6. UNITED STATES CONSTITUTION ARTICLE I, SECTION 8 Congress may "promote the progress of science and the useful arts by securing for a limited time to authors and inventors the exclusive right to their writings."

7. Copyrightable Works Literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other A/V works; sound recordings; architectural works Only works that are original and fixed in a tangible medium of expression But not ideas, procedures, processes, systems, concepts... SECTION 102

8. Other Issues Works in the Public Domain –Never copyrighted; copyright expired –Works of the U.S. government –Facts Foreign Authors/Works –Author from or work first published in a UCC or Berne country –Country where published protects U.S. authors –Work published by U.N. or O.A.S.

9. The Copyright Owner's Rights Reproduction; derivative works; public distribution; public performance; public display; digital audio transmission of sound recordings Works of visual art – 106 (a) Attribution Integrity Term of copyright Works created in 1978 or later: life of the author + 70 years Anonymous or corporate authors or works made for hire: 95 years after publication or 120 years after creation – whichever expires first SECTION 106

10. What remedies does a copyright owner have against an infringer, and who is liable – the staff member of the library?

11. Damages Actual damages and profits, or statutory damages ($750 to $30,000 per infringement; $150,000 for willful infringement; $200 for innocent infringer Remission of damages Employee or agent of nonprofit educational institution, library, or archives Acting with scope of employment, and Reasonable belief the use was fair SECTION 504

12. Institutional Liability Vicarious Liability: right to supervise financial benefit Contributory Infringement: knowledge induce, cause, or materially contribute

13. Equipment WARNING: THE MAKING OF A COPY MAY BE SUBJECT TO THE UNITED STATES COPYRIGHT LAW (TITLE 17 UNITED STATES CODE) SECTION 108(f)(i)

14. Weve all heard about the Georgia State case. Tell me about it, including the fair use analysis in the case?

15. Georgia State University Facts Judges Ruling –Fair use analysis –10% rule –What does the ruling mean to you? –Appeal

16. Fair Use Purposes Purposes: Criticism; comment; news reporting; teaching (including multiple classroom copies); scholarship; research Factors: Purpose and character of the use Nature of the copyrighted work Amount and substantiality used Effect on potential market or value (non-publication doesnt bar fair use) GO SECTION 107

17. 16 We have a question now about recent developments involving Google Books and the HathiTrust Digital Library.

18. HathiTrust Litigation Copyright infringement suit 10M digital volumes; 5M titles; 3/4 th – still protected by copyright Universities arrangement with Google –Works in the public domain –Works still protected by copyright Case dismissed

19. Google Book Settlement Background Why is the settlement itself confidential, and why did the parties agree to settle now? What do libraries get out of this? How does it resolve the question of orphan works?

20. What is the relationship between copyright law and licensing?

21. First Sale Doctrine Owner may sell or otherwise dispose of lawful copy, but sound recordings or computer programs: not lease or lend for direct or indirect commercial advantage, but library/education exemption SECTION 109

22. Licensing Agreement Read the contract Permanent or temporary access No barriers to authorized users Preserve Copyright Act rights Respect users privacy and confidentiality Hold-harmless clause Read the contract again

23. How does the special exemption for libraries differ from fair use, and may a library claim both?

24. The Library Exemption A library or employee acting within the scope of employment: one copy no direct or indirect commercial advantage open collection interlibrary loan copyright notice from the copy reproduced, or legend GO SECTION 108(a)

25. Can I assume that a document on the web is fair game?

26. Can a library take photos of the artwork in its displays and post them on the library webpage to promote an exhibit?

27. Can a corporate library make random, unsystematic copies of single articles or chapters without paying royalties when the requestors use the information for work-related purposes?

28. Articles And Excerpts Single copy Becomes users property No notice of impermissible purpose Warning of copyright Where orders are accepted On order form GO SECTION 108(d)

29. Library Exemption Section 108 rights do not apply to -- 1.related or concerted reproduction multiple copies same material 2.systematic reproduction single or multiple copies same or different material SECTION 108(g)

30. Can a library create a custom database of specific articles and other items from our licensed databases for use on our Intranet?

31. Other Questions Thanks –To our guests – Professors Jim Heller and Sally Wiant –To all of you for joining us this afternoon Have a great week-end