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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 While focused on collections of unpublished works (which often have 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