Eresources & Copyright

School Library Bootcamp

2014

Jane HealyElectronic Services CoordinatorSD State LibraryJane.Healy@state.sd.us

Dan DailyDean of LibrariesUniversity of SDDan.Daily@usd.edu

OBJECTIVES

Students will :• learn to make copyright decisions with confidence. • educate students and staff at their schools about copyright

issues.• learn how SDSL e-resources help users correctly cite and use

information and images.• understand these terms: copyright, fair use, public domain,

Creative Commons

It

Depends!

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Why copyright?

Why Copyright?

“…to promote the Progress of Science and useful Arts….”

~(U.S. Constitution. Article 1, Section 8)

Not all about greed!

Balance

• Profit / free use • Creator / user • Advancing learning / rewarding

creator• Fostering creativity / using created

works

The Purpose of Copyright

• a) ensure payment to publishers and authors,

• b) manage the financial interests of rights holders,

• c) promote learning and the dissemination of knowledge,

• d) ensure that the heirs of rights holders can continue to benefit financially from the creative work.

6 Copyright Holder Exclusive Rights (section 106, title 17, U.S. Code):

The right to:1. Reproduce the work 2. Prepare derivative works3. Distribute copies or phonorecords of the work to the public by sale, rental, lease, or lending

4. Perform the work publicly 5. Display the copyrighted work publicly 6. Perform the copyrighted work publicly by means of a digital audio transmission, in the case of sound recordings.

From “U.S. Copyright Office Definitions” http://www.copyright.gov/help/faq/definitions.html

Copyright lasts

• Life of author + 70 years –If published after January 1978

© © © © © © © © © © © © © © © © © © © © ©

© © © © © © ©

Copyright notice not required to protect works

since 1989 legislation

Sonny Bono Copyright Term Extension Act, 1998

(By User Raul654 on en.wikipedia [Public domain or Public domain], via Wikimedia Commons)

• Extended copyright ownership by 20 yrs.• Aligned U.S. copyright law with Europe’s

Digital Millennium Copyright Act, 1998(DMCA)

–Anti-piracy amendment to copyright law–Aligned U.S. Copyright Law with World

Intellectual Property Organization treaties

DMCA Key Components• Online service provider liability

- Exempt if take-down procedures followed

• Copyright management systems

- Cannot use circumvention tool to gain access

- Cannot create circumvention tools

DMCA Defense

• Develop computer use policy

• Make school community aware

• Limit computer use– Time– Bandwidth– Downloads– Sites

Photo by Paul Downey, https://www.flickr.com/photos/psd/2140856/, CC BY 2.0

TEACH Act, 2002-Amended section 1002(2)-Allows digital transmission of copyright-protected content for non-profit, educational purposes-Contains prerequisites and limitations

You do what you think is right and let the law catch up.

– Thurgood Marshall

Assume

• Material is copyrighted• Author is the copyright holder• Federal government material is in

public domain

©• Ideas• Procedures• Processes• Systems• Titles• Principles• Discoveries• Short phrases

X• Slogans• Familiar symbols• Variations of typographic

ornamentation• Lettering• Coloring• Listings of contents or ingredients

U.S. Copyright Officewww.copyright.gov

Can I legally use anything?

FREE•SDSL E-Resources•Public Domain•Fair Use•Creative Commons•Ask permission

FEE•Ask permission•Copyright Clearance Center•Commercial document suppliers

Public Domain

• U.S. federal government documents

• Works in which the copyright has expired– In general, works published before 1923

4 Factors of Fair Use

• Purpose of the use• Nature of the work• Amount of the work used• Market effect on original

• Bonus: acting in good faith

O

Fair Use Guidelines

• Not part of copyright law

• No protection from liability

• Meant to be minimum limits

OO

Fair Use Decisions

• Interpret

• Act in spirit of law

• Educate user

• Non-profit• Allows copyright holders to specify

permissions• Users may legally use, according to

Creative Commons license

Ask permission

• Email• Be specific

– Who– What– When– Where– Why– How

Library situations:Library Staff Copying

• Specified in Section 108 (b), (c), (d), & (e)

Library situations: Student/Staff Copying

• Post copyright warning notices on every piece of copying/printing equipment

Images• SDSL E-Resources, especially

CAMIO• Getty Images• Google image Advanced Search• Wikimedia Commons• Flickr

Music & Videos

• Free Technology For Teachers• http://www.freetech4teachers.com/

Licensing

• Contract law, not copyright • Negotiable• Can trump fair use

I’ll never get caught. Why should I care?

Liability

Actual damages

or

Statutory damages

Up to $100,000

Your Role

• Know & follow the law• Advocate for proper balance• Educate staff & patrons

Teaching Ethical BehaviorSD School Library Guidelines

The Program: • 5. The school library program provides

collaborative instruction in multiple literacies such as information literacy, media literacy, visual literacy, and technology literacy.

Teaching Ethical BehaviorSD School Library Guidelines

The Professional: • 9. The school librarian promotes, models,

and teaches professional and ethical participation in a global world.

Teaching Ethical BehaviorSD School Library GuidelinesContent Standards

Strand of Proficiency: Ethical Participation

• Standard 3: The student will use information and its tools in a responsible, safe, legal and ethical manner.

Teaching Ethical BehaviorAASL School Library Guidelines

3. Share knowledge and participate ethically and productively as members of our democratic society.

4.3.4 Practice safe and ethical behaviors in personal electronic communication and interaction.