Fair Use and Digitization of At-Risk Items

Copyright, Fair Use, and Digitization

of At-Risk Formats

Katie FortneyJune 14, 2012

In just 20 minutes…

• Copyright• Fair Use• Codes of Best Practices– The ARL Code

• “Digitizing to Preserve At-Risk Items”

– Fair Use and Video

Country Mile, by Nicholas_T

Q: What does copyright cover?

• “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” – 17 U.S.C. § 102 (Copyright Act of 1976)

A: Most things in the library.

• With some exceptions– Really old stuff– Federal Government

works– Other things I can tell you about later if

you’re really curious

The best days are not planned, by Marcus Hansson

For things covered by copyright

• You need to get permission from the copyright holder– REPRODUCTION– Derivative works– Distribution– Public performance

Locking nothing, by Darwin Bell

So what’s Fair Use?

• When you don’t need permission, based on a carefully weighed analysis of four factors:– Purpose of the Use– Nature of the work being

copied– Amount of the

copyrighted work being used

– Effect on the market Rock balancing, by pie4dan

Making Fair Use Easier

Code of Best Practices in Fair Use for Academic and Research Libraries

• arl.org/fairuse• Endorsed by library

associations• 8 “Principles”

Principle 3: Digitizing to Preserve At-Risk Items

• “It is fair use to make digital copies of collection items that are likely to deteriorate, or that exist only in difficult-to-access formats, for purposes of preservation, and to make those copies available as surrogates for fragile or otherwise inaccessible materials.”– But…

Limitations

• Not if a fully equivalent digital copy is commercially available at a reasonable cost.

• Don’t circulate both the original and the new one.

• Only loan to “authenticated members of a library’s patron community.”

• Provide full attribution.

Enhancements (Optional)

• Take steps to limit downstream copying.

• Provide a way for copyright owners to object, like an e-mail address.

Macro Mondays – Easter, by melloveschallah

Community Practices in the Fair Use of Video in Libraries

• “a recommended body of practice in the fair use of video for educational purposes”

• 5 “Illustrative Cases”

Case 1: Replacing Damaged or Lost Videos

• Including “proactive preservation”• First, check the marketplace to purchase the

title in the newer format if available at a reasonable price.

• Use the copy the way the original was used.• Make copies as necessary/on request – no

“wholesale copying” of a collection.

So what else have we got?

• Sovereign immunity• 504(c)(2): “reasonable

grounds”; “employee or agent of a nonprofit educational institution, library, or archives”

Knight, by Walt Stoneburner

Questions?

Slide background: Ammonite, by wwarby

Question mark sign, by Colin_K