Digital Content Frustration: Copyright, Licensing, & DRM

Sarah Houghton (@TheLiB)LibrarianInBlack.netAssistant Director, San Rafael Public Library

© licensing

drm

</stupidlicensing>

•eBooks & eAudioBooks

•eMusic

•eVideo

Media Types

Digital Rights

Management

Corporate Terms of Service

Copyright Law

•Library can’t make multiple copies or make derivative works. 17 U.S.C. Sect. 106

•(except for copies for preservation, replacement, and to fulfill user requests, per exceptions in 17 U.S.C. Sect. 108)  

•Copyright Penalties: $750-$30,000 per title.  $150,000 if willful infringement is shown.  17 U.S.C. Sect. 504(c).

Copyright Law (US Code)

•The Digital Millennium Copyright Act (DMCA) makes it a criminal offense to circumvent technological protection measures that protect copyrighted content.

•DMCA Penalties: First time offenders may be fined up to $500,000, imprisoned for five years or both. 17 US.C. Sect. 1204.

Digital Millennium Copyright Act

So what happens when you’re leasing,

not buying?

•Most library vendors only lease digital content.

•Few sell digital content outright.

•KNOW THE DIFFERENCE!

Licensing vs. Owning

Un

ion L

ibra

rian

•Overdrive’s marketing materials & sales staff use words like buy, purchase, and sale

•Overdrive’s contracts use words like license and subscribe

•GO KANSAS STATE LIBRARY!

The Overdrive Case

•Terms of Service legally *override* copyright law.

•Companies can make them say whatever they want.

•Few people ever read them.

Terms of Service/Use

•Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of SBO.

Safari

•OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of licensed materials...

Overdrive

•Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Digital Content or any portion of it to any third party...

Kindle

•You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the Spotify Software Application...and the Spotify Service and to receive by stream...the media content made available through the Spotify Service in the United States. You do not have a right to transfer or sublicense your rights under this Agreement.

Spotify

•The use of the Netflix service, including movies &TV shows made available to you by us, is solely for your personal and non-commercial use.

•You also agree not to .... conduct yourself in a vulgar or offensive manner while using the Netflix service...

Netflix

the law didn’t

change

Kindle HackingJail-break it

Change display options

Game on it

Remove DRM from eBooks

* links @ bit.ly/pam5WM

Doctorow’s First LawAny time someone puts a

lock on something that belongs to you, and won’t give you a key, they’re not doing it for your benefit.

DRM doesn’t prevent piracy

DRM is discriminatory

DRM increases costs

DRM endangers preservation

DRM is anti-consumer and anti-library

•Say no to publishers that take advantage

•Say no to content with DRM

(re)creating content

•Say yes to DRM-free content

•Say yes to cataloging CC-licensed content

•Say yes to community-created content

(re)creating content

Streaming Services

Jess

am

yn

West

<librarianpower>

+Sarah Houghtonlibrarianinblack@gmail.com@thelib