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Australian Libraries Copyright Committee Training Darwin 2015@TrishHepworthExcept where otherwise noted, this presentation is licensed under a Creative Commons Attribution 4.0 Licence, Australian Libraries Copyright Committee
Copyright – a property right that protects expression
Separate from moral rights
/
Trish’s
Requirements for copyright protection:Can only be form of expression of information
Expression must be in material form
The work must have an author
The work must be original
originality of expressionnot underlying idea
/
Works Subject Matter other than works
• Literary• Dramatic• Artistic• Musical
Films Films, animationscomputer games
Sound recordingsAny recording of sound
Radio & TV broadcasts
Published editionsLayout, typesetting
• Score• Music• Lyrics• Background music• Sound recordings• Script• Underlying work• Screenplay• Costume design• Artworks• Film recording
Who is the owner of copyright?
•Generally the “author” •In sound recordings, the “maker”– can be performers and record producers•Films – generally “producer” of the film;•If made in course of employment the Employer
Copyright gives exclusive rights to:
• Reproduce: copying of a work in any format, including electronic
• Publication: right to make the work public for the first time
• Public performance and communication: including electronic communications
• Adaptation: i.e. translations, TV series
Generally, copyright is infringed if the work, or a “substantial part” of the work, is used without permission in one of the ways exclusively reserved by the copyright owner…
Copyright can also be infringed where there is:
•Authorisation•Importation •Commercial dealings with pirate material•Allowing the use of a venue for infringing •performance/screening
Authorisation
Section 39A, s49 noticessection 49 – supplying digital copies to library/archive users
COMMONWEALTH OF AUSTRALIACopyright Regulations 1969
WARNINGThis material has been provided to you
pursuant to section 49 of the Copyright Act 1968 (the Act) for the purposes of
research or study. The contents of the material may be subject to copyright
protection under the Act.
Further dealings by you with this material may be an infringement of copyright…
Circumvention of Technological Protection Measures (TPMs)
Digital ‘locks’ preventing people from using works in certain ways and/or accessing copyright works.
Exceptions allowing the circumvention of TPMs:
Where the copyright owner permits itRegion coding (DVDs, games)Interoperability with computer programsMaking of preservation copiesProviding works to users and other libraries under section 49 and 50
Duration of copyright
70 years after death
Film and sound recordings –Depends on which rights! 1955, 1955-1968, 1968+
Television and sound broadcast – 50 years from end of year in which broadcast made
Photographs – generally, 70 years after the end of the year of author’s death
Orphan works? ...unpublished works?
toa267
Moral rightsNot a ‘copyright right’
Inalienable rights which cannot be assigned
Include:•Attribution•Prevention of false attribution•Ensuring integrity of authorship – right to object to mutilation, distortion, any act prejudicial to author’s honour or reputation
InsubstantialPublic DomainPermissionLicenceException
Exceptions/Licences
(1) Private copying(2) Fair dealing(3) Crown Copying s 183 (NOT FREE)(4) Educational Licenses (NOT FREE)(5) Library and archive exceptions(6) Flexible dealing
Exceptions – private copyingNot available to organisations or institutions – ‘private and domestic use’
Time shifting - recording TV programs or radio to watch or listen to at another time
Format shifting - i.e. scanning photographs to put on a CD; converting CD to digital files***
Shifting music between devices (‘the iPod exception’) – ‘space shifting’
Exceptions – Fair Dealing
•Criticism or review (s41) – must involve analysis or critique of the work – cannot be merely illustrative.•Parody or satire s41A) – must offer comment on the work•Reporting of news (s42)•Research or study (s40) – with limits on amount of the work that can be reproducedAs well as professional legal privilege and judicial proceedings
Fair Dealing for research or study (s40)
Certain quantities are ‘deemed’ fair:
Hardcopy = 10% of pages or 1 chapterElectronic = 10 % of words or 1 chapterPeriodicals = 1 article (more than 1 if it relates to the same research or course of study)
If you wish to copy more, or are copying an artistic work - need to consider a number of factors to decide if it’s fair.
Fair Dealing for research or study (s40)
Factors to consider include:•the purpose and character of the work•the nature of the work or adaptation•the possibility of obtaining the work within a reasonable time at an ordinary commercial price•the effect of the dealing upon the potential market for, or value of, the work or adaptation; and•in a case where part only of the work or adaptation is reproduced; the amount and substantiality of the part copied /taken in relation to the whole work or adaptation.
NOTE : THIS DOES NOT APPLY TO AUDIO VISUAL MATERIAL AND THERE’S NO GUIDANCE FOR COPYRIGHT IMAGES (ARTISTIC WORKS) – NEED TO CONSIDER ALL THE FACTORS BEFORE COPYING
Part VA: Broadcasts (TV, radio, cable, satellite). License managed by Screenrights
Part VB: Works (hard copy & electronic) License managed by the Copyright Agency Limited
Educational licences
•Allows educational institutions to use copyright material for educational purposes only.
•Not exceptions but rather a system for remuneration for use of copyrighted material.
•If an exception applies, or if you have permission from the copyright holder you do not need to rely on these licenses.
Part VB – literary, dramatic, musical works
•Allows educational institutions to make as many copies as needed BUT the amount is limited:
• 10% of books and published works•10% (or 1 chapter) of electronic literary, dramatic or musical works
Insubstantial Portions:
Educational institutions can communicate an ‘insubstantial portion’ for free, i.e. 1%, without having to use the statutory licenses. Does not apply to musical or artistic works, and can’t copy another insubstantial portion from the same work within 14 days.
Must be done within institutional premises, for educational purposes
Part VA – broadcast material
•Allows educational institutions to copy audio-visual off-air broadcast material which has been made available online by the broadcaster (eg TV programs, podcasts).
• No limitations on amounts that can be copied
• Labelling requirements for copied items
• If communicated (eg by email), a copyright warning notice required
https://www.universitiesaustralia.edu.au/
www.smartcopying.edu.au
Crown copying exception - section 183
Certain Commonwealth, State and Territory government bodies can use any copyright materials provided the purpose is for the service of the Commonwealth, State or Territory.
Who?Commonwealth, state and territory departments – it does not apply to local governmentsSome government agencies and statutory bodies (may need legal advice)Educational purposes within educational institutions specifically excluded.
For the services of government
Library/archive copying exceptions
User copying (document supply) (s49)Inter library/archive loan (s50)Unpublished works (s51 and 110A) Preservation copying (s51A for works, s110B for films, sound recordings) ‘Key cultural institutions’ and special preservation copying exceptions – only available to libraries with a mandate to develop and maintain a collection (i.e. NAA, NFSA, state libraries).
Commercial/corporate libraries?
Document supply and interlibrary loan
I. Libraries & archives can reproduce & communicate articles and works to users for ‘research & study’ (s49)
II. Libraries & archives can reproduce & communicate articles and works to another library for inclusion in their
collection; or to supply a user under s 49. (s50)
What is a reasonable portion?
Same as the “deemed fair” quantities under the fair dealing provision -
Hardcopy = 10% of pages or 1 chapterElectronic = 10 % of words or 1 chapterPeriodicals = 1 article (more than 1 if it relates to the same course of research or study
Unless the work is not available in a reasonable time and at an ordinary commercial price
If work is supplied electronically, the library must attach a copyright warning notice AND must destroy any electronic copies made during the process of providing the copy as soon as practicable
Copying works for other libraries and archives (s50)Libraries & archives can reproduce & communicate articles and works to another library :
• to supply a user under s 49; • for inclusion in the other library’s collection; or• to assist a member of parliament.
Points to note
If copying to assist a parliamentarian in their duty, don’t have to worry about reasonable portion or check if commercially available.
If supplying a document that is originally in electronic form – you must always ask if it’s commercially available (ie there is no automatic reasonable portion)
Copying unpublished works
50 years after the year the creator died: If library or archives has an unpublished literary, dramatic or musical work, photograph or engraving, or recording or film The library can reproduce or communicate the work to a user for the purpose of research or study
Can be published in limited circumstances - when you don’t know who the owner is, you must put a notice in the Government Gazette.(s51, s52 & s110A)
Preservation Copying
To preserve manuscripts or original artistic works against loss, damage, or deterioration or to provide a copy for research at another library or archives*
To replace a published work that has been damaged or deteriorated, lost or stolen*
For ‘administrative purposes’: purposes directly related to the care or control of the collection
*Subject to the ‘commercial availability’ test
Preservation copying for key cultural institutions
Allows ‘key cultural institutions’ to make up to 3 copies from the work for the purpose of preserving against loss
or deterioration.
Exceptions – Flexible Dealing (s200AB)
A. Is the use allowed under another section of the Copyright Act? Fair dealing, library and archival copying, statutory licence, consumer exceptions, section 183
B. For the purposes of “maintaining or operating” the library or archives? Or for “educational instruction”?
C. Does the use meet the requirements of s200AB? The use must:
• Not conflict with normal exploitation of the work;
• Not unreasonably prejudice the copyright holder; and
• Be a special case.
Institutions are already sharing – we know the benefits of being online
it’s still difficult or illegal to use most of this material without going through cumbersome processes
Institutions are already sharing – we know the benefits of being online
it’s still difficult and illegal to use most of this material without going through cumbersome processes
open materials are materials which you can use without asking permission – permission has already been given
Institutions are already sharing – we know the benefits of being online
• open licensed material can be used without worrying about copyright laws or exceptions – by anyone, anywhere, with assurance
Lock by AMagill available at http://www.flickr.com/photos/amagill/235453953/ under a Creative Commons Attribution Licence
• Standardisation is good –• usability, compatibility
• Licences are good –• international, applied
• Easy to use
• Metadata is key
why CC?
Licence Elements
Attribution – credit the author
Noncommercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix
Attribution-ShareAlike• Attribution
Attribution-Noncommercial
Attribution-NoDerivatives
Attribution-Noncommercial-ShareAlike
Attribution-Noncommercial-NoDerivatives
4.0 – international, easier, clearer (and database rights)
CC Zero
http://creativecommons.org/publicdomain/zero/1.0/
Creative Commons provides resources that you and your users can legally copy, modify and reuse
my C
C stickers have arrived!!! by laihiu available
athttp://w
ww
.flickr.com/photos/laihiu/290630500/
under a Creative C
omm
ons Attribution 2.0
licence
search.creativecommons.org
• More than 500 million CC objects on the internet
• Almost 300 million photos on Flickr alone
Thank you for sharing by Clearly Ambiguous available at http://www.flickr.com/photos/clearlyambiguous/39896923/ under a Creative Commons Attribution 2.0 licence
• It also provides a tool for managing your own copyright
Tooled Flatty by flattop341 available at http://www.flickr.com/photos/flattop341/1085739925/ under a Creative Commons Attribution 2.5 licence
CRICOS No. 00213J
• to allow collaboration and sharing with other students, teachers, the world
Girls Sharing a mp3 Player by terren in Virginia available athttp://www.flickr.com/photos/8136496@N05/2275475657/under a Creative Commons Attribution 2.0 licence
Tropenmuseum
It was an easy way to…engage new audiences…[and] spread the stories from the collection…In the end I think more people will visit the museum and look online.
– Susanne Ton, Manager of Multimedia Production, Tropenmuseumhttp://www.youtube.com/user/wikimedianl#play/all/uploads-all/0/4aPatvL5kvo
http://en.wikipedia.org/wiki/Tropenmuseumhttp://en.wikipedia.org/wiki/Battle_of_karbala http://en.wikipedia.org/wiki/
File:Iran_Battle_of_Karbala_19th_century.jpg
museum of the tropics, Amsterdam“crowdsourced” open access - invited public to photograph collections and upload to Wikicommons (under CC BY-SA)350+ photographs now on Wikicommons for use by museum and on Wikipedia – with link back
Is the use fair?
(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.
(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.
Public domain image, author unknown
• What are you doing? • What are you using? • How much are you using? • What about the copyright holder?
lost or stolen--for the purpose of replacing the work
if the officer is satisfied that a copy (not being a second-hand copy) of another edition of the work
"photograph" includes photo-lithograph and a work produced by a process similar to photography.
3 photographic reproductions of the work
Preservation copying
Orphan works
Document Supply and Inter-library loan
The Copyright Act should be amended to clarify that the statutory licences in pts VA, VB and VII div 2 do not apply to a use of copyright material which, because of another provision of the Act, would not infringe copyright. This means that governments, educational institutions and institutions assisting people with disability, will be able to rely on unremunerated exceptions, including fair use or the new fair dealing exception, to the extent that they apply.
Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke University http://www.publicdomainday.org/node/39 CC BY 3.0
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
•Additional or pre-established damages•Aiding and abetting
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
Accessibility
•Discovery•Preservation•Accessibility•Empowering patrons
Slide 1:"Darwin sunset“; Slide 2 "Mount Stromlo“; Slides 3 &6: "Child's writing“; Side 7 “National Library of Australia”; Slides 8 &11 “Film on Mt Vodno”; slide 9 “lamp”; slide 12 “Photos on Mt Vodno”; slide14; “Belgrade locks”; slide 16 “Man waiting for bus – Budapest”; slide 17 “Sunset in Skopje”; slide 18 “Stairs to Gardos, Zemun”; slide 21 “Finnish island”; slide 23 “more Finnish Island”; slides 24 & 25 “Shakespeare Room, State Library of NSW”; Slide 26 “blegrade subway station”; slide 27 “collection photocopies from State Library WA”; slides28-30 “pages”; slide 31 “Canberra sky”; slides 32-33 “Alhambra Garden”; slides 34-37 “Guerilla Bay”; slide 38 “Belgrade door”; slides 39-40 “Preservation computer at National Library of Australia”; slide 41 “stairs at Lake Ohrid”; slide 47 “fountain at Canberra Airport”; slide 69 “Trg Republik, Beograd”; slide 70 “Lock”; slides 71&73 “Usce Shopping Centre Belgrade”; slide 75 “Tito books”; slide 76 “Belgrade cat”; slide 77 “Kalemegdan in snow”; slide 78 “Sava River”; slide 90 “Work in progress sign Lyon”; all by Trish Hepworth are licensed under a Creative Commons Attribution 4.0 Slide 5: William Shakespeare; copper engraving of Shakespeare by Martin Droeshout - Beinecke Rare Book & Manuscript Library, Yale University PD altered by Trish Hepworth Creative Commons Attribution 4.0 Slide 10: 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 15: “Cooking for Copyright” FAIR is licenced under a Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)Slide 19: “Cats” by Alyson Dalby is licensed under a Creative Commons Attribution 4.0 Slide 20: Slides 42-46: Taken from Section 200AB Flexible Dealing handbook licenced Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0)Slides 48-67: Taken from Jessica Coates “Open Access GLAM: CC and the Public Domain for Galleries, Libraries, Archives and Museums” originally licensed under a Creative Commons Attribution 4.0 modified by Trish Hepworth and also licensed under a Creative Commons Attribution 4.0 Slide 68: Dorotella black tabby spotted and white female kitten CCBY2.0 Pieter & Renée Lanser adapted with addition of pirate hat (public domain via pixabay) by Trish Hepworth CCBY4.0Slide 74: “Cooking for Copyright” Screenshot: CC BY-NC-SA 4.0 FAIR (run by the Australian Library and Information Association (ALIA))Slide 81: Secret TPP negotiations © Open Media Canada, used with permissionSlide 82: Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke University CC BY 3.0Slide 83: 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 84: "Locks" by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.Slide 85: Forex Money for Exchange in Currency Bank epSos.de CCBY2.0Slide 86: Laneway Public domain Slide 87: Paris Tuileries Garden Facepalm statue photo CC BY 2.0 Alex E. ProimosSlide 88: braille children’s book at Visibility, photo Trish Hepworth CCBY4.0Slide 91: 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 92: Open Access logo CC0
