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NCC Archive: Copyright

Copyright

Copyright in the US

Paula Kaufman
University of Illinois
March 6, 2000

OBJECTIVES

  • Quick overview of copyright
  • New and pending legislation nationally and globally
  • Impact on libraries

WHAT IS COPYRIGHT?

  • Derived from English law
  • Constitutional Right: "To promote the progress of science and the useful arts"
  • Protects original works of authorship
  • Protects original works of authorship
  • Applies to both published and unpublished works fixed in a tangible medium of expression

EXCLUSIVE RIGHTS

  • To perform the work publicly
  • To distribute copies by sale or other transfer of ownership

EXCLUSIVE RIGHTS TO OWNER

  • To reproduce the work in copies or phonorecords
  • To prepare derivative rights based upon the work

NON-EXCLUSIVE RIGHTS

  • Rights are not entirely unlimited in scope
  • Buyers and users of copyrighted works also have some rights
  • Framers were careful to maintain balance between rights of owners and users

WHAT’S NOT PROTECTED

  • Works consisting of information containing no original authorship
  • Ideas, procedures, methods, systems, discoveries or devices as distinguished from a description, explanation, or illustration
  • Works not fixed in a tangible form of expression
  • Titles, names, slogans, familiar symbols
  • Works produced by the government and its employees

RIGHT OF FAIR USE

  • Basis for making single copies for scholarly use
  • Not yet tested in the courts

FAIR USE

  • 4-part test:
  1. Purpose of the use
  2. Nature of the work
  3. Amount of work used
  4. Economic impact on market value of work used

RIGHT OF FIRST SALE

  • Can lend or resell
  • Permits libraries to lend their collections
  • Threatened by pending legislation

OTHER LIBRARY RIGHTS

  • Negotiated through subsequent interpretations and agreements
  • Interlibrary Loan
  • Library Reserves
  • New - archiving digital works

DOES COPYRIGHT APPLY TO THE WEB?

  • YES!!!

NEW AND PENDING LEGISLATION

  • Digital Millenium Copyright Act - DMCA
  • Sonny Bono Copyright Term Extension Act
  • Data Base Protection Legislation
  • Uniform Computer Information Transaction Act -- UCITA

DMCA IMPACT

  • Library exemption for digital archiving and preservation
  • OSP Limitation of Liability -- should library assert status as "Service Provider?"
  • Distance Ed challenges
  • Anti-circumvention rules:
  1. Illegal merely to access copyrighted material by circumventing copy-protection measures
  2. likely ensures more works come with licenses
  3. could lead to privacy issues

 DISTANCE EDUCATION

  • DMCA directed study to see if exemption for distance education through interactive digital networks is needed

DISTANCE ED FINDINGS

  • Problems with licensing (unreasonable costs, tardy responses, or hard to locate copyright owners)
  • Current Copyright Law does not adequately or fully address the needs of distance ed or content owners

COPYRIGHT TERM EXTENSION

  • Extends term twenty years
  • Exception permits libraries to continue to freely use old works in the last twenty years of the extended term

DATABASE PROTECTION ACT

  • Some WIPO pressures
  • Creates copyright-like regime on non-copyrightable materials
  • Compromises fair use and right of first sale
  • Threatens to drive up prices and reduce access

UCITA

  • New commercial law for the information economy - consistency at state levels (Passed in Virginia in February)
  • Enforces broad use of shrink-wrap and click-on licenses
  • Includes everything from copyrighted expression (stories, computer programs, images) to online databases and interactive games
  • Shift in power between copyright law and contract/license law
  • Undermines public policy of making information available to the public
  • Scope too broad -- enables mass-market licensing of books
  • Enables new constraints on public domain information and materials

WHY SHOULD WE CARE?

  • Libraries use copyrighted materials and have legal rights through exceptions and limitations
  • Protect balance - equalize bargaining leverage among creators, publishers, users
  • Often only entities that provide access to vast majority of copyrighted works that lose market vitality
  • Often only entities that preserve public domain materials
  • Impact on Digital Libraries
  • Seek to maintain for users, and libraries acting on their behalf, their rights to at least the same extent as they have enjoyed in the non-digital environment
  • Expect law to continue maintaining the balance

North American Coordinating Council on Japanese Library Resources
北米日本研究資料調整協議会
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