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 While focused on collections of unpublished works (which often have 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