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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 While focused on collections of unpublished works (which often have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