The Copyright SIG Sponsored Copyright in the Digital Age - a Webcast

The Copyright SIG Sponsored Copyright in the Digital Age - a Webcast

The Copyright SIG sponsored "Copyright in the Digital Age" - a webcast

held at Alvernia University. Sixteen ACLCP associates initially registered and fourteen actually attended. SIG co-chairs, Joann Eichenlaub and Sharon Neal, reported that the program was very informative, and it did cover the items presented on the agenda in the Academic Impressions flyer.

Agenda covered:

* The library exceptions to Section 108

* Reproduction of library materials

o Library collection

o Patron request

o Interlibrary loan

* Conditions under which copies may be made

* Electronic copies

* Options for notice to users

* CONTU guidelines

o ILL suggestion of five

o Other ILL provisions

o Alternatives to ILL

The future & recommendations

NOTES:

Libraries and Copyright in the Digital Age

Webinar presented on July 29, 2009

Speaker: Kevin L. Smith, M.L.S., J.D., Perkins Library, Duke University, Durham, North Carolina

Covering Section 108:

Sec. 108(a) states 1 copy, or more as described in subsections (b) and (c), can be made as long as all conditions are met: no commercial advantage, library is open to public, copy has notice

Sec. 108(b) states up to 3 copies can be made and distributed for preservation purposes of unpublished works as long as: the library owns the original, and it is for preservation, security or to deposit in another library…and…it cannot be distributed or made available to the public outside of the library premises if the copy is a digital copy

Sec. 108 (c) states up to 3 copies can be made if the original is damaged, deteriorating, obsolete, lost, stolen and an unused copy at a reasonable price is not available or after a reasonable search a copy cannot be found and with the restriction that if a digital copy is made, it cannot be distributed or made available to the public outside the premises of the library

Questions about terms:

  • When is something obsolete? When the machine used to view the media is not manufactured. So, VHS is not obsolete yet.
  • What is a reasonable effort? Varies according to circumstances for each particular situation.
  • What is considered a fair price? ALA’s definition is latest suggested retail price or manufacture ring costs plus royalty payments.
  • What about the issue of a multi-volume set…a single volume is not available, so, it could be argued full price is not a fair price for a single volume
  • Is 16mm obsolete? What about Beta? Research would need to be done…can the equipment still be purchased?
  • What is meant by premises? Virtual space? Physical space? Can make copies and distribute to patrons.

Sec. 108 (d) is for ILL and is the right of reproduction and distribution IF:

  • User requests no more than one article or other contribution to collected work
  • Copy becomes property of user
  • Library has no knowledge use will be beyond fair use
  • Copy notice on all orders, forms, and the copy
  • Must use verbatim CFR copyright notice (vol. 37, section 201.14)

Copyright Act is technologically neutral…states “reproduction” not “photocopy”

Sec. 108 (e) ILL can make copies of entire work or substantial portion if library determines after reasonable investigation that copy cannot be obtained at fair price.

Sec. 108 (f) states all equipment used for copying must have notice:

“Notice: The Copyright Law of the U.S. (Title 17, U.S. Code) governs the making of photocopies or reproductions of copyrighted material. The person using this equipment is liable for any infringement.”

Sec. 108 (f) (2) states nothing in Sec. 108 excuses users from liability exceeding Sec. 107 (fair use)

Sec. 108 (g) (1) general limitations:

  • It is alright to copy the same article, the same copy, again, as long as the library is not aware of systematic copying

Sec. 108 (g) (2) guidelines for ILL established by CONTU, “Rule of 5”:

  • Five requests for periodical title going back 5 years (ex. 2009 is current year, so 5 articles per year from the most recent 60 months of 1 title since July 2004)
  • If title owned but missing or title is on order, no need to worry
  • Nothing in the law that speaks to materials older than 5 years
  • Rule of 5 applies to borrowing library, not lending library.
  • Can lend pdf if license permits.

Questions:

  • What about born-digital works…e-books, e-journals: Can’t use these provisions for born-digital works. Sec. 108 deals with print.

Sec. 108 (a) states one copy per request…not one copy ever. CONTU adds provisions to make sure not doing systematic copying.

  • What about ERes? Sec. 108 says nothing about electronic reserves. Fair use is fact-driven. Owning the original strengthens fair use argument for ERes.
  • Could part of a film be transmitted? Sec. 108 will not authorize copy for transmission. Sec. 110, TEACH could.

Sec. 108 (h) CTEA (Computer Term Extension Act) extended life of copyright to +70. In last 20 years of work’s copyright term, can make copy for preservation, scholarly, or research use if library determines work is not still being sold or able to be obtained for a reasonable price (commercially) or the owner has provisions where these conditions do not apply. (Note: The last owner provision does not apply to libraries or archives.)

Sec. 108 (i) states the right to make copies does not apply to music, pictures, diagrams, motion pictures, or other audiovisual works other than those dealing with news…except for limitations as applied with respect to rights (b), (c), and (h).

Questions:

  • Can a picture or graph that is part of an article be copied? Yes, it is treated as text for ILL purposes.
  • Is a printer considered reproduction equipment? Yes, but the law is not definite, and, there is no harm in putting copyright notices on such equipment to inform users.
  • Is there any institutional liability if users use their own reproduction devices? No.
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