Understanding and Defending Digital Copyright in Your Library

Home , Copyright, Fair use

Cheryl Ann Coyle

[email protected] Understanding & Defending Digital Copyright

Please consult a Copyright Lawyer Understanding & Defending Digital Copyright

• Digital Content is easy to redistribute without thinking

• License Agreements always take precedence over Copyright Law

• Internet content is covered by Copyright Law • Accessibility provision for disabled individuals

(МихаилБанчев, 2016) Understanding & Defending Digital Copyright Basics

Automatic Protection Protect the expression * Originality of an idea * Fixed Format The Berne Convention for the * Minimally Creative Protection of Literary & Artistic Does NOT Protect Works ● Ideas ● Established 1886 ● Facts ● 1989 U.S. Joined ● International Copyright ● History Agreement ● News ● 170 countries (Hombal, & Prasad, 2012) Understanding & Defending Digital Copyright Bits & Bytes

Digital Content

● Copy for Archival purposes only ● Cannot backup any downloaded digital content or other (PeteLinforth, 2015) copyrighted works DRM - Digital Rights Management ● Protects digital content from You cannot circumvent redistribution or other copyright technical security violations measures. Understanding & Defending Digital Copyright Library Issues

● Managing own digital content ● Managing the rights of the content and keeping it connected to the content ● Publishers & vendors are trying to protect themselves from piracy and infringement ● Vendors retain control over access to materials ● DRM restricts access to content to protect the owner’s rights ● Fair Use may apply

(Hombal, & Prasad, 2012) Understanding & Defending Digital Copyright Questions

1. Can you caption a video you don’t own the rights to? 2. Can a library scan an article from a print journal in its collection? 3. I’ve authored an OER textbook & want to allow people to use it for free, but ask permission. Can I require that? 4. Am I covered as long as I give credit to the content I’m using? Understanding & Defending Digital Copyright Licensed Content

Licenses or Contracts ALWAYS take Precedence in

(Bykst, 2016.) Copyright Cases

Libraries can only use the material according to license specifications. Understanding & Defending Digital Copyright

Working Within the Law Understanding & Defending Digital Copyright Creative Commons

(Suny Empire State College, 2018) Understanding & Defending Digital Copyright Chafee Amendment

● Passed in 1996 ● Limited to published, non-dramatic, literary works ● “it is not an infringement of copyright for an authorized entity to reproduce or distribute in specialized formats exclusively for use by blind or other persons with disabilities”

(Association of Research Libraries, 2012) Understanding & Defending Digital Copyright

Fair Use

(Hain, 2015)

● “Purpose and character of the use” ● “Nature of the copyrighted work” ● “Amount and substantiality of the portion used” ● “Effect of the use upon the potential market”

(U.S. Copyright Office, 2015) Understanding & Defending Digital Copyright DMCA

Digital Millennium Copyright Act ● 1998 ● “Sets limitations on copyright infringement liability for online service providers (OSPs).” ● Instituted the rules for the preventing the “circumvention of technological protection measures used by copyright owens to protect their works” ● There is ongoing debate on whether or not Copyright Law is keeping up with technology, or if technology is trying to sidestep the Law (Franklin, 2015) Understanding & Defending Digital Copyright eBooks

● There is no special eBook Copyright Law or Amendment ● Often governed by License Agreements “We have thousands of e-books that we could make available to our users,..But we often aren’t allowed to because licenses are so restrictive”

-- Harald Muller, qtd in ”How Copyright”, 2014 ● DRM, Digital Watermarks, etc. (Schmundt, 2014) Understanding & Defending Digital Copyright Video

● No current lawsuits for adding captioning to a video ● National Association of the Deaf sued Harvard & MIT “for failure to caption all educational videos” ● Ideally get permission, or purchase a copy already captioned ● “Strongest defense for video captioning is fair use.”

Vernor v. Autodesk 2010

● ebooks viewed as computer software, not regular books ● Gave publishers the right to impose restrictions on the use of their ebooks ○ # of users ○ $ charge more for single copy of ebook ○ max # of circulations

(American Library Association, 2014) Understanding & Defending Digital Copyright Court Case #2

Elsevier Inc. v. Sci-Hub, ACS v. Sci-Hub

● “Sci-Hub’s unauthorized reproduction and distribution of Elsiever’s copyrighted works.” ● Elsevier was awarded $15 million ● ACS went a step further and sued for “additional boon of the ability to see orders against search engines like Google to cut links to Sci-Hub”

Fight for Your Rights Understanding & Defending Digital Copyright Advocacy

● Negotiate to use the materials as your patrons need ● Find specialized agencies who provide accessibility to materials for the blind or disabled ● “Research has shown that all students can benefit from certain improvements in the usability of course material”

(Cornell University, 2016) Understanding & Defending Digital Copyright References

American Library Association. (9 April 2014). Ebooks and copyright issues. Retrieved from http://www.ala.org/news/state-americas-libraries-report-2014/e-books Association of Research Libraries. (2012). Briefing: Accessibility, the Chafee amendment, and fair use. Retrieved from http://www.arl.org/focus-areas/copyright-ip/fair-use/code-of-best-practices/2445- briefing-accessibility-the-chafee-amendment-and-fair-use#.W2jj87gnY2w Bykst. (2016) Contract [Digital image]. Retrieved from https://pixabay.com/en/contract-consultation-pen-signature-1427233/ Cornell University. (2016). Accessibility and copyright materials. Retrieved from http://acadtech.cit.cornell.edu/accessibility-and-copyright-of-materials/ Franklin, T. (28 September 2015). Copyright and fair use in the digital age. EContent. Retrieved from http://www.econtentmag.com/Articles/News/News-Feature/Copyright-and-Fair-Use-in-the-Digital-Age- 105888.htm Griffin, E. (21 February 2018). Copyright law vs. accessibility law: Is it fair use to caption videos you don’t own? Retrieved from https://www.3playmedia.com/2015/04/09/copyright-law-vs-accessibility-law-is-it-

fair-use-to-caption-videos-you-dont-own/ Grappling with Digital Copyright References

Hain, J. (2015). Justice scales [Digital image]. Retrieved from https://pixabay.com/en/justice-scales-fairness-impartial-683942/ Hombal, S., & Prasad, K. (2012). Digital copyright protection: Issues in the digital library environment. DESIDOC Journal Of Library & Information Technology, 32(3). doi:http://dx.doi.org/10.14429/djlit.32.3.2380 Kupferschmid, K. (10 January 2018). Copyright law in 2017: 12 big court cases to know about. Retrieved from http://www.copyright.com/blog/copyright-law-2017-12-big-court-cases-know/ МихаилБанчев. (2016). Human with question marks [Digital image]. Retrieved from https://commons.wikimedia.org/wiki/File:Human_with_question_ marks.jpg PeteLinforth. (2015). Copyright symbol [Digital image]. Retrieved from https://pixabay.com/en/copyright-symbol-sign-business-law-850371/ Schmundt, H. (28 March 2014). How copyright laws keep e-books locked up. Spiegel Online. Retrieved from http://www.spiegel.de/international/zeitgeist/how-copyright-laws-prevent-easy-sharing-of-e-books-a- 961333.html Suny Empire State College. (19 January 2018). Get up to speed with OER. Retrieved from https://subjectguides.esc.edu/c.php?g=754755&p=5408909 U.S. Copyright Office. (2015). Copyright.gov (U.S.A., Library of Congress, U.S. Copyright Office). Retrieved from http://copyright.gov/fair-use/more-info.html