If I understand what you are asking, about what we tell our patrons
about what they can do with our images...

One of the most important principles of rights law (that I have learned
in the past 4 years) is that it is not the librarians' responsibility to
advise patrons on the law about what they can and cannot do with images.
In fact, it is not advised that we do that at all.

This was a shocker to me when Peter Hirtle reviewed the Capture and
Release report. The less said the less the risk to the institution.

Jen

-----Original Message-----
From: Erway,Ricky 
Sent: Wednesday, January 04, 2012 2:24 PM
To: LeVan,Ralph; OPORS
Subject: RE: institutional fair use policies for digitized image
collections

The Well-Intentioned Practice document!
http://www.oclc.org/research/activities/rights/practice.pdf 
While focused on collections of unpublished works (which often have
complex or unknowable rights status), a lot of it is good advice for any
collection (and it has lots of backing and support,
http://www.oclc.org/research/activities/rights/support.htm).

-----Original Message-----
From: LeVan,Ralph 
Sent: Wednesday, January 04, 2012 11:03 AM
To: OPORS
Subject: FW: institutional fair use policies for digitized image
collections

I remember the report telling collecting institutions to go ahead and
put their stuff online.  But, what advice did we give them on their
patrons' rights?

Ralph

-----Original Message-----
From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of
Derek Merleaux
Sent: Wednesday, January 04, 2012 1:39 PM
To: [log in to unmask]
Subject: institutional fair use policies for digitized image collections

I'm working with some folks at my institution to open up policy on
fair use and online digital collections. Our counsel has made it clear
that we'll see more success if we can point to examples from other
large digital collections. A lot of surveying of copyright and TOS
pages from many online collections has given me a good general idea
what collection posters are telling their patrons about fair use, but
I need some examples of what administrators are telling the collection
posters about what they can and can't claim (esp. in regards to
collections open to the world that may contain large numbers of orphan
works). It does seem clear that many have decided that a
low-resolution digital image of a collection item (even if that item
might be in copyright) is ok w/in the spirit of fair use if it's
clearly posted for educational purposes. I just need some
documentation of that policy.

What I'm hoping to find is documentation (internal or otherwise) that
basically states, "we think it's legally ok (for fair use or other
reasons) to post online a digitized image of a collection object even
if there's a chance that object is under copyright protection."

If there is any chance you could point me in the direction of such
documentation or someone who would know how to locate it I would be
much obliged.


Derek Merleaux