ALCC libraries copyright training 2012
- 1. PART 2 FLEXIBLE DEALING DIGITAL CHALLENGES Amazon Kindle 2 Wireless Ebook Reader by goXunu reviews http://www.flickr.com/photos/43602175@N06/4069260433/
- 2. Exceptions Flexible Dealing (s200AB) Available online at: http://www.digital.org.au/alcc/resources/documents/ Also: Copyright in Cultural Institutions Group Flexible Dealing and Cultural Institutions http://nma.gov.au/shared/libraries/attachments/abou
- 3. Exceptions Flexible Dealing (s200AB) Is the use allowed under another section of the Copyright Act? Fair dealing, library and archival copying, statutory licence, consumer exceptions, section 183 For the purposes of maintaining or Berne Federal Parliament Square by Kecko http://www.flickr.com/photos/kecko/5765572304/ operating the library or archives? Or for educational instruction? Does the use meet the requirements of s200AB? The use must: Not conflict with normal exploitation of the work; Not unreasonably prejudice the copyright holder; and Be a special case.
- 4. Providing online access to collection material Apply the 3 step test Make sure the use does: Not conflict with normal exploitation of the work; Not unreasonably prejudice the copyright holder; and is a special case. Digital Archive, Boston Institute of Contemporary Art by Peter Alfred Hess http://www.flickr.com/photos/peterhess/5806305467/
- 5. Section 200AB and barriers to placing material online Digitisation involves circumvention of TPM; Commercial availability of works Existence of a licence? Example: Placing thumbnail images online
- 6. Format shifting Where not covered by preservation copying or consumer exceptions The use does: Not conflict with normal exploitation of the work; Not unreasonably prejudice the copyright holder; and is a special case. VHS Heaven...or Hell by makelessnoise http://www.flickr.com/photos/makelessnoise/203559383/
- 7. Orphan Works Allan Stomann, creator unknown, courtesy Swinburne Image Bank, Swinburne University of Technology http://images.swinburne.edu.au/handle/1111.1/3343
- 8. Locating the copyright holder Before turning to the three step test under s200AB, you need to demonstrate youve taken reasonable steps to contact the copyright holder: reasonable steps considerations: Nature of the work commercial or non- commercial Age of the work Published or unpublished work Potential concerns of the creator deceased, alive, interests of the estate Extent of the planned use Reasonable enquiries of others Common sense
- 9. Orphan Works After taking reasonable steps to locate the copyright holder The use does: Not conflict with normal exploitation of the work; Not unreasonably prejudice the copyright holder; and is a special case. Allan Stomann, creator unknown, courtesy Swinburne Image Bank, Swinburne University of Technology http://images.swinburne.edu.au/handle/1111.1/3343
- 10. Orphan Works Large scale uses and special case Where collection consists predominantly of orphan works Scalable search: Conduct reasonable enquiries into a proportion of the collection reasonable enquiries - considerations from previous slide Eaglebrook School Archives, the 1960s by Eaglebrook School http://www.flickr.com/photos/eaglebrook/5549951920/
- 11. Orphan Works Reproducing orphan works in good faith. Swinburne University Orphan Works statement: The University is continuing to endeavour to trace the copyright owner(s) and in the meantime this item has been reproduced here in good faith. We would be pleased to hear from copyright owner(s). Allan Stomann, creator unknown, courtesy Swinburne Image Bank, Swinburne University of Technology http://images.swinburne.edu.au/handle/1111.1/3343
- 12. Managing digital content licences Consortial purchasing Electronic Resources Australia, CAUL/CEIRC Individual subscriptions Terms of use, prohibited/restricted uses Space Shuttle Program, San Diego Air and Space Museum Archives, http://www.flickr.com/photos/sdasmarchives/6521818485/
- 13. Example 1, licence terms of use: Licensee, the Institutions and Authorized Users may use the Licensed Materials for purposes of research, education or other non-commercial use as follows: Display. Licensee, the Institutions and Authorized Users shall have the right to electronically display the Licensed Materials. Digitally Copy. Licensee, the Institutions and Authorized Users may download and digitally copy a Reasonable Amount of the Licensed Materials. Print Copy. Licensee, the Institutions and Authorized Users may print a Reasonable Amount of the Licensed Materials. Recover Copying Costs. Licensee and the Institutions may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. Course Packs. Licensee, the Institutions and Authorized Users may use a Reasonable Amount of the Licensed Materials in the preparation of Course Packs or other educational materials. Electronic Reserve. Licensee, the Institutions and Authorized Users may use a Reasonable Amount of the Licensed Materials for use in connection with specific courses of instruction offered by Licensee. Analysis. Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including but not limited to extraction and manipulation of information for the purposes of illustration, explanation, example, comment, criticism, teaching, research, or analysis. Scholarly Sharing. Authorized Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized Users own scientific, scholarly and educational works. Inter-Library Loan (ILL). The Institutions shall be permitted to use Reasonable Amounts of the Licensed Materials to fulfill occasional requests from other, non participating institutions, a practice commonly called Inter-Library Loan. Customer agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 則108, Limitations on exclusive rights: Reproduction by libraries and archives) and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works (CONTU).
- 14. Example 2, licence terms of use: (a) You, subject to clause 4 below, may: (i) Allow Authorised Users to have access to the Work from the Publisher's Server via the Secure Network; (ii) Access, search and view the Work for the purpose of internal marketing or testing or for training Authorised Users or groups of Authorised Users. (b) Authorised Users may, subject to clause 4 below: (i) Access, search and view the Work for personal use only; (ii) copy and paste one chapter of each title in the collection in question, or up to 5% of the pages from the total collection, whichever is the greater, for personal use only, during any given four-week period, unless otherwise stated in a collection; (iii) make printed copies of one chapter or up to 20% of the pages from the total collection, whichever is greater, for personal use, during any given four-week period, unless otherwise stated in a collection. (c) Nothing in this Agreement shall in any way exclude, modify or affect any of Your statutory rights under applicable copyright law.
- 15. Other digital challenges Accessing withdrawn/retracted works Contract overriding copyright exceptions Mass digitisation Collecting digital-borne material
- 16. The five year plan for copyright law reform Australian Law Reform Commission inquiry into copyright WIPO discussions on exceptions for libraries and archives Trans-Pacific Partnership Agreement
- 17. Thank you Ellen Broad Copyright Law and Policy Adviser t: 02 6262 1273 Australian Libraries Copyright Committee w: digital.org.au Australian Digital Alliance e: ebroad@nla.gov.au
Editor's Notes
- #2: Beginning of next session.
- #3: Introduced 2006 intended to cover uses of material that are for socially useful purposes benefiting the broader Australian community
- #4: Nine metre high sculpture, French-American artist Louise Bourgeois also at Mori Tower, Tokyo
- #5: Access is key goal driving activities of cultural institutions. But online access is the communication right, and in the case of unpublished works, the publication right. to enable cultural institutions to access, and promote access to, copyright material in the online environment on reasonable terms, including having regard to the benefits of public access to the material and the provision of adequate remuneration to creators and investors. Apply the 3 step test. Ability to provide online access to materials depends predominantly on the economic and non-economic interests of the copyright holder.
- #6: Access is key goal driving activities of cultural institutions. But online access is the communication right, and in the case of unpublished works, the publication right. to enable cultural institutions to access, and promote access to, copyright material in the online environment on reasonable terms, including having regard to the benefits of public access to the material and the provision of adequate remuneration to creators and investors. Apply the 3 step test. Ability to provide online access to materials depends predominantly on the economic and non-economic interests of the copyright holder.
- #7: I.e. Conversion of VHS to DVD relevant consideration is, is the copyright holder currently selling the same film on DVD? This format shifting under s200AB would deprive them of a sale. NOTE: Circumvention of TPMs
- #8: An orphan work is material that is protected by copyright, but the current copyright holder is unknown or un-locatable after reasonable enquiries, hence the work is thought of as orphaned. The current copyright holder could be the long dead author of the work, the authors estate, the authors heirs, a since defunct company and so on. Orphan works may be published or unpublished, and cover both works and other subject matter, including: letters, photographs, diaries, books, audio histories and home movies. Remember, orphan unpublished works may be in copyright perpetually
- #9: Document the steps youve taken to track down the copyright holder i.e. NLA s200AB checklist Hathi Trust mass digitisation
- #10: s200AB checklist Exercise using scenarios in groups
- #11: British Library, UK Libraries and Archives Copyright Alliance endorse proportion searching Cf. HathiTrust
- #12: Remember, use common sense difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
- #13: Remember, use common sense difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
- #14: Remember, use common sense difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
- #15: Remember, use common sense difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
- #16: Remember, use common sense difference between using digitising image for online image bank, and say reproducing image on t-shirts to sell at the museum.
- #18: Refer to factsheet