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Pirates, ancient maps and buried treasure (aka library copyright)

Coffee and a byte

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Pirates, ancient maps and buried treasure

(aka library copyright)

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•Discovery•Accessibility•Preservation•Empowering patrons

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• Score• Music• Lyrics• Background music• Sound recordings• Script• Underlying work• Screenplay• Costume design• Artworks• Film recording

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International DomesticNorms

WIPO Copyright Act Practice TPP Licences

Protocols

By Trish

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London Eye in London, CC-BY-SA Kham Tran

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Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke University http://www.publicdomainday.org/node/39 CC BY 3.0

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0

50

100

150

200

250

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Estimated Number Titles Available on Amazon by Decade

Fiction & Non-Fiction Books

Heald, Paul J How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs) LBSS14-07, Illinois Public Law Research Paper No. 13-54 http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=227781

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•Criminalise legitimate uses•Unadaptable framework•Administrative burdens•Practical impossibility

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•Additional or pre-established damages•Aiding and abetting

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Each Party shall endeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.X, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to, criticism, comment, news reporting, teaching, scholarship, research [CL/MY propose181: ,education, ] [CL propose: and persons with disabilities] [US/MY/SG/CA/PE/BN/MX/VN propose: , as well as facilitating access to published works for persons who are blind, visually impaired, or otherwise print disabled]182 183.

With respect to Section G, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.Article QQ.G.X.1 neither reduces nor extends the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, Berne Convention [VN propose: Rome Convention,] the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. 180

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Trish’s

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Preservation

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Accessibility

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43Research or private study(1)Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.(2)For the avoidance of doubt, it is hereby declared that fair dealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographical arrangement of the edition or any literary, dramatic, musical, or artistic work or part of a work in the edition.(3)In determining, for the purposes of subsection (1), whether copying, by means of a reprographic process or by any other means, constitutes fair dealing for the purposes of research or private study, a court shall have regard to—

(a)the purpose of the copying; and(b)the nature of the work copied; and(c)whether the work could have been obtained within a reasonable

time at an ordinary commercial price; and(d)the effect of the copying on the potential market for, or value of, the work; and(e)where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work.

4)This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any one occasion, but in this subsection copy does not include a non-infringing transient reproduction to whichsection 43A applies.

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(a) research or study;(b) criticism or review;(c) parody or satire;(d) reporting news;(e) professional advice;(f) quotation;(g) non-commercial private use;(h) incidental or technical use;(i) library or archive use;(j) education; and(k) access for people with disability.

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(a) the purpose and character of the use;(b) the nature of the copyright material used;(c) in a case where part only of the copyright material is used—the amount and substantiality of the part used, considered in relation to the whole of the copyright material; and(d) the effect of the use upon the potential market for, or value of, the copyright material.

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• What are you doing? • What are you using? • How much are you using? • What about the copyright holder?

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(a)the purpose of the copying; and(b)the nature of the work copied; and(c)whether the work could have been obtained within a reasonable time at an ordinary commercial price; and(d)the effect of the copying on the potential market for, or value of, the work; and(e)where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work.

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Is the use fair?

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•Discovery•Preservation•Accessibility•Empowering patrons

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Meanwhile….

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Picture Credits Slide 2: Books on desk by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.Slide 4: Map of North Isalnd NZ. No known Copyright Please acknowledge 'Sir George Grey Special Collections, Auckland Libraries, NZ Map 194' when re-using this image. Wellington Library Photo taken during New Zealand Post Writers & Readers Week 2010 File Reference:CCL-WRW2010-P1070563 From the collection of Christchurch City Libraries CCBYNCSA, Friday 17 April 2015. Photo by Donna Robertson File reference: 2015-04-17-IMG_6761 From the collection of Christchurch City Libraries. Story time Te Wā Korero: Courtney, Richard Naked man fishing 193? Public domain from collection of State Library Victoria: Dorotella black tabby spotted and white female kitten CCBY2.0 Pieter & Renée Lanser adapted with addition of bars and words by Trish Hepworth CCBY4.0: braille children’s book at Visibility, photo Trish Hepworth CCBY4.0 : triptych of public domain images The Scream by Edvard Munch, Composition 2 in Red, Blue and Yellow by Piet Mondrian and cover image from 'La Tribune' 1897 by Giovanni Mataloni Slide 3: Kangaroo: FR Morris Collection Public Domain altered by Trish Hepworth CCBY 4.0, using ‘moustache’ from Pixabay CC0 and Monitor Trish Hepworth CCBY 4.0Slide 5: Film by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.Slide 6: Kangaroo: FR Morris Collection Public Domain altered by Trish Hepworth CCBY 4.0, using ‘moustache’ from Pixabay CC0 and Monitor Trish Hepworth CCBY 4.0Slide 7: Berne: Peter Gronemann CCBY 2.0, Parliament House Canberra: Trish Hepworth CCBY4.0, William Shakespeare; copper engraving of Shakespeare by Martin Droeshout - Beinecke Rare Book & Manuscript Library, Yale University PD altered by Trish Hepworth CCBY 4.0Slide 8: Red Onion: Darwin Bell CCBY 2.0Slide 10: London Eye in London, Kham Tran Creative Commons Attribution-Share Alike 3.0 UnportedSlide 12: Secret TPP negotiations © Open Media Canada, used with permissionSlide 13: Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke University CC BY 3.0Slide 14: Copyright Heald, Paul J How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs) LBSS14-07, Illinois Public Law Research Paper No. 13-54: used with permissionSlide 15: "Locks" by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.Slide 16: "Preservation monitor at the National Library of Australia" by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.Slide 17: Forex Money for Exchange in Currency Bank epSos.de CCBY2.0Slide 18: Laneway Public domain Slide 19 Terracotta Army Pit 1 - 2CC BY-SA 3.0 MarosSlide 20: Paris Tuileries Garden Facepalm statue photo CC BY 2.0 Alex E. ProimosSlides 21&22: See slide 4Slide 23: Opensourceway (CC BY-SA 2.0)Slide 24: Screen shot “Copyright Hunter” Australian War Memorial, text Creative Commons Attribution-NonCommercial 3.0 Australia (CC BY-NC 3.0 AU) license. Image Bean, Charles Edwin Woodrow (C E W) Copyright expired - public domainSlide 25: "Collection Photocopies at State Library WA" byTrish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.Slide 27&34: See slide 4Slide 28: Brass weight scales with cupped trays. Created with POV-ray Toby Hudson CCBYSA 3.0Slide 30: Background “Lock” by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.Slide 31&33: Trg Republik by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.Slide 35: Trg Republik by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.Slide 36: Screen shot Digital NZSlide 37: Open Access logo CC0Slide 38: "Work in Progress" by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.

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