At U of California we took the approach that it was our duty to tell
the users everything we knew about the materials that could be used to
make a rights determination.[1] In part that was because often even
the librarians and archivists did not have a clear answer about the
rights. In part it was the issue that the library would have some
liability for advising users wrongly. But the main part was that any
Fair Use determination is circumstantial, and only the user would know
the circumstances of their intended use.
I feel strongly that provide information for the users: dates of
creation, creators, and if there is some place for the user to go to
ask permission. That's all in the metadata schema for copyrightMD [2].
kc
[1] http://www.cdlib.org/groups/rmg/
[2] http://www.cdlib.org/groups/rmg/docs/copyrightMD.xsd
Quoting Jimmy Ghaphery <[email protected]>:
While the Capture and Release report [1] seems relevant it is a
little different to me than digitized collections published by
libraries. I think it is incumbent on libraries to state use
restrictions and copyright status on the collections they digitize.
I also think we need to be bold in exercising fair use and public
domain provisions. Copyright law is meant to cut both ways as a
protection for authors and as a public good. If we shy away from
this exercise at the risk of lawsuits, we potentially lose more than
just the ability to release any one specific collection.
[1] http://www.oclc.org/research/publications/library/2010/2010-05.pdf
--Jimmy
--
Jimmy Ghaphery
Head, Library Information Systems
VCU Libraries
http://www.library.vcu.edu
--
On 1/5/2012 9:37 AM, LeVan,Ralph wrote:
If I understand what you are asking, about what we tell our patrons
about what they can do with our images...
One of the most important principles of rights law (that I have learned
in the past 4 years) is that it is not the librarians' responsibility to
advise patrons on the law about what they can and cannot do with images.
In fact, it is not advised that we do that at all.
This was a shocker to me when Peter Hirtle reviewed the Capture and
Release report. The less said the less the risk to the institution.
Jen
-----Original Message-----
From: Erway,Ricky
Sent: Wednesday, January 04, 2012 2:24 PM
To: LeVan,Ralph; OPORS
Subject: RE: institutional fair use policies for digitized image
collections
The Well-Intentioned Practice document!
http://www.oclc.org/research/activities/rights/practice.pdf
While focused on collections of unpublished works (which often have
complex or unknowable rights status), a lot of it is good advice for any
collection (and it has lots of backing and support,
http://www.oclc.org/research/activities/rights/support.htm).
-----Original Message-----
From: LeVan,Ralph
Sent: Wednesday, January 04, 2012 11:03 AM
To: OPORS
Subject: FW: institutional fair use policies for digitized image
collections
I remember the report telling collecting institutions to go ahead and
put their stuff online. But, what advice did we give them on their
patrons' rights?
Ralph
-----Original Message-----
From: Code for Libraries [mailto:[email protected]] On Behalf Of
Derek Merleaux
Sent: Wednesday, January 04, 2012 1:39 PM
To: [email protected]
Subject: institutional fair use policies for digitized image collections
I'm working with some folks at my institution to open up policy on
fair use and online digital collections. Our counsel has made it clear
that we'll see more success if we can point to examples from other
large digital collections. A lot of surveying of copyright and TOS
pages from many online collections has given me a good general idea
what collection posters are telling their patrons about fair use, but
I need some examples of what administrators are telling the collection
posters about what they can and can't claim (esp. in regards to
collections open to the world that may contain large numbers of orphan
works). It does seem clear that many have decided that a
low-resolution digital image of a collection item (even if that item
might be in copyright) is ok w/in the spirit of fair use if it's
clearly posted for educational purposes. I just need some
documentation of that policy.
What I'm hoping to find is documentation (internal or otherwise) that
basically states, "we think it's legally ok (for fair use or other
reasons) to post online a digitized image of a collection object even
if there's a chance that object is under copyright protection."
If there is any chance you could point me in the direction of such
documentation or someone who would know how to locate it I would be
much obliged.
Derek Merleaux
--
Karen Coyle
[email protected] http://kcoyle.net
ph: 1-510-540-7596
m: 1-510-435-8234
skype: kcoylenet
