SLA 2017 - Fair Use in the Digital Age - Kenneally
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2017 Special Libraries Association Conference Presentation by Christopher Kenneally - Copyright Clearance Center for "Fair Use in the Digital Age" conference session.
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SLA 2017 - Fair Use in the Digital Age - Kenneally
- 1. © 2017 CCC Fair Use in the Digital Age LATEST DEVELOPMENTS IN DIGITAL COPYRIGHT LAW FOR INFORMATION PROFESSIONALS Christopher Kenneally Host, Beyond the Book podcast Director, Business Development SLA Annual Conference 20 June 2017
- 3. Purpose of Copyright “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” U.S. Constitution, Article I, Section 8
- 4. U.S. Copyright Law • Protects the rights of authors of “original works of authorship” • Covers published and unpublished works • Grants copyright holders exclusive rights • Protects works created on or after January 1, 1978 until 70 years after the author’s death
- 5. • Written works • Images • Sound recordings • Software • Motion films • Music • Sculpture • Dance • Works that are not fixed • Titles, names, slogans • Ideas, facts, data • Lists of contents or ingredients • Public domain Protected by Copyright? YES NO
- 6. Public Domain • Refers to a work that is no longer protected or never was protected by copyright • Works in the Public Domain • Works produced by the U.S. government − When used in the U.S. • Copyright lapsed because a work was published − Before 1923 − Between 1923 and 1963, and failed to register or renew copyright registration − Prior to 1989 and failed to include copyright notice • Works gifted to the public domain
- 7. Copyright Registration • Creates a searchable public record • Required to sue for infringement • Not required, but recommended • Copyright registration not required to display the copyright symbol © Copyright Notice
- 8. Fair Use • A limitation on the requirement that works protected by copyright cannot be used without permission • Defense to a claim of copyright infringement, not an exception to copyright compliance • Attempts to balance rights of copyright holders with needs of the public • Determined by the “four factors”
- 9. Fair Use Factors Financial or other business benefit? Transformative? Factual or creative? How much of the work? The heart of the work? Economic loss to the copyright holder? Purpose and character of the use Nature of the copyrighted work Effect of the use on the market Amount and substantiality of the portion used
- 10. Other Copyright Concepts • Digital Content • Subject to the same protections under copyright as paper • Attribution • Not a substitute for permission • § 109 First Sale Doctrine • Physical ownership of a copyrighted work is not the same as owning the copyright to that work
- 11. Copyright Infringement • Unauthorized use of copyrighted material in a manner that violates the copyright holder’s exclusive rights • Cost of infringement • Monetary damages • Injunctions • Criminal liability
- 12. Infringement Cases • American Geophysical Union v. Texaco • Spontaneous photocopying by Texaco researchers • Seven figure settlement in 1995 and probably millions of dollars in legal fees • Lowry’s Reports v. Legg Mason • Distribution of a newsletter via fax, email and intranet • $20 million in statutory damages awarded in 2003 • Settled privately in 2005 for estimated $11-12 million
- 13. © 2017 CCC Fair Use in the Digital Age LATEST DEVELOPMENTS IN DIGITAL COPYRIGHT LAW FOR INFORMATION PROFESSIONALS Christopher Kenneally Host, Beyond the Book podcast Director, Business Development SLA Annual Conference 20 June 2017
- 14. Copyright Across Borders • No defined body of international copyright laws • Laws vary by country • Operates on the basis of relations between nations • Berne Convention Principles − Territoriality − National treatment − Minimum protection
- 15. We need a global infrastructure that permits simple, global licensing. One that makes the task of licensing cultural works legally on the Internet as easy as it is to obtain such works there illegally. Francis Gurry Director General, WIPO “ ”
- 16. • Technology proliferation • Enabling easy, borderless sharing • Facilitating infringement • Licensing services • Availability and consistency • Awareness of copyright • Lopsided public debate The Perfect Storm? │ 20 June 2017 Berlin, April 201716
- 17. • United Kingdom • Hargreaves Review (2011) • Hooper Review (2012) • Brexit & “The Great Repeal” • Australia • Productivity Commission (2015-2016) • European Union Government reviews │ 20 June 2017 Berlin, April 201717
- 18. • Canada • Copyright Modernization Act (2012) • European Union • China • Brazil Legislation │ 20 June 2017 Berlin, April 201718
- 19. • European Union • Hewlett Packard vs. Reprobel • Vogel vs. VG WORT • India • Delhi University vs. OUP et al. Litigation │ 20 June 2017 Berlin, April 201719
- 20. • Engagement • Advocacy and education • Market mechanisms Responding with Innovation
- 22. QUESTIONS?