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CODE4LIB  January 2012

CODE4LIB January 2012

Subject:

Re: FW: institutional fair use policies for digitized image collections

From:

Jimmy Ghaphery <[log in to unmask]>

Reply-To:

Code for Libraries <[log in to unmask]>

Date:

Fri, 20 Jan 2012 11:50:34 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (109 lines)

Way back 15 days ago this thread spun.

The TRLN document "Intellectual Property Rights Strategy for 
Digitization of Modern Manuscript Collections and Archival Record 
Groups" [1] is highly relevant and aggressive. Also the membership of 
the Association of Southeastern Research Libraries (ASERL) recently 
voted unanimously to support the document.

[1] http://www.trln.org/IPRights.pdf

--Jimmy


On 1/5/2012 10:40 AM, Jimmy Ghaphery wrote:
> While the Capture and Release report [1] seems relevant it is a little
> different to me than digitized collections published by libraries. I
> think it is incumbent on libraries to state use restrictions and
> copyright status on the collections they digitize. I also think we need
> to be bold in exercising fair use and public domain provisions.
> Copyright law is meant to cut both ways as a protection for authors and
> as a public good. If we shy away from this exercise at the risk of
> lawsuits, we potentially lose more than just the ability to release any
> one specific collection.
>
> [1] http://www.oclc.org/research/publications/library/2010/2010-05.pdf
>
> --Jimmy
>
> --
> Jimmy Ghaphery
> Head, Library Information Systems
> VCU Libraries
> http://www.library.vcu.edu
> --
>
> On 1/5/2012 9:37 AM, LeVan,Ralph wrote:
>> 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

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