Copyright and Copyright and library library

digitisationdigitisation

http://www.youtube.com/watch_popup?v=PSxihhBzCjk

One word: One word: digitaldigital

““Digital is a kind of genus term for all things Digital is a kind of genus term for all things composed of ones and zeroes, much in the composed of ones and zeroes, much in the same way that mammal means warm-blooded same way that mammal means warm-blooded and having live births...and having live births...

www.flickr.com/photos/www.flickr.com/photos/sixteenmilesofstringsixteenmilesofstring

“…“…to say that you are planning to digitize to say that you are planning to digitize some items, or that you will create a digital some items, or that you will create a digital library, is somewhat like saying that you will library, is somewhat like saying that you will buy your daughter a mammal for her buy your daughter a mammal for her birthday. Is it a hamster, or a Bengal tiger?”birthday. Is it a hamster, or a Bengal tiger?”

– – Karen CoyleKaren Coyle

Being digital Being digital means making means making

copiescopies

The technology The technology of copying is of copying is regulated by regulated by

CopyrightCopyright

www.flickr.com/photos/bettyx1138www.flickr.com/photos/bettyx1138

““Printers, Booksellers, and other Printers, Booksellers, and other Persons, have of late frequently taken Persons, have of late frequently taken the Liberty of Printing, Reprinting, and the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, Publishing… Books, and other Writings, without the Consent of the Authors or without the Consent of the Authors or Proprietors of such Books and Writings, Proprietors of such Books and Writings, to their very great Detriment, and too to their very great Detriment, and too often to the Ruin of them and their often to the Ruin of them and their Families….Families….

“…“…For Preventing therefore such For Preventing therefore such Practices for the future, and for the Practices for the future, and for the Encouragement of Learned Men to Encouragement of Learned Men to Compose and Write useful Books…”Compose and Write useful Books…”

www.flickr.com/photos/aplumb

www.flickr.com/photos/katphotos

“…“…for the Term of fourteen Years to for the Term of fourteen Years to Commence from the Day of the First Commence from the Day of the First Publishing the same, and no longer.”Publishing the same, and no longer.”

www.flickr.com/photos/katetomlinsonwww.flickr.com/photos/katetomlinson

www.flickr.com/photos/joelanman

“…“…copyright in a literary, dramatic, musical, or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.” – NZ Copyright Act 1994

When terms When terms expire they expire they

become free become free public domainpublic domain

www.flickr.com/photos/santioliveriwww.flickr.com/photos/santioliveri

““A free culture supports and protects creators A free culture supports and protects creators and innovators. It does this directly by granting and innovators. It does this directly by granting intellectual property rights…”intellectual property rights…”

www.flickr.com/photos/scobleizerwww.flickr.com/photos/scobleizer

“…“… But it does so indirectly by limiting the But it does so indirectly by limiting the reach of those rights, to guarantee that reach of those rights, to guarantee that follow-on creators and innovators remain as follow-on creators and innovators remain as free as possible from the control of the free as possible from the control of the past…”past…”

– – Larry LessigLarry Lessig

Allowing thisAllowing this

and thisand this

to become thisto become this

without without needing needing

permissionpermission

without without needing needing

permissionpermission

Library Library digitisation digitisation

triggers triggers copyrightcopyright

Two things have Two things have happenedhappened

1.1.

UK institutions UK institutions now claim their now claim their

digital copies are digital copies are original worksoriginal works

1877 photograph 1877 photograph ©British Library ©British Library

BoardBoard

1705 painting1705 painting© National Portrait © National Portrait

Gallery, LondonGallery, London

Licence fee:Licence fee:up to £400 up to £400

2.2.

Google library Google library digitisation is now digitisation is now

e-book e-book publishingpublishing

www.flickr.com/photos/nruestwww.flickr.com/photos/nruest

Google accepts Google accepts digitised books digitised books are not original are not original

worksworks

But claim the But claim the right to sell right to sell

digitised orphan digitised orphan worksworks

““Printers, Booksellers, and other Printers, Booksellers, and other Persons, have of late frequentlyPersons, have of late frequently taken taken the Liberty of Printing, Reprinting, and the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, Publishing… Books, and other Writings, without the Consent of the Authors or without the Consent of the Authors or Proprietors Proprietors of such Books and Writings, of such Books and Writings, to their very great Detriment, and too to their very great Detriment, and too often to the Ruin of them and their often to the Ruin of them and their Families….Families….

(they’re being (they’re being sued)sued)

The outcomesThe outcomes

Libraries are Libraries are thinking they are thinking they are

rights holdersrights holders

www.flickr.com/photos/www.flickr.com/photos/library_mistresslibrary_mistress

Google is retailing Google is retailing library bookslibrary books

www.flickr.com/photos/jonwileywww.flickr.com/photos/jonwiley

Digital e-book Digital e-book sales are growingsales are growing

and growingand growing

www.flickr.com/photos/sovietukwww.flickr.com/photos/sovietuk

The free public The free public domain is domain is erodingeroding

www.flickr.com/photos/sovietukwww.flickr.com/photos/sovietuk

“…“… To put it plainly, WMF's position has To put it plainly, WMF's position has always been that faithful reproductions of always been that faithful reproductions of two-dimensional public domain works of art two-dimensional public domain works of art are public domain, and that claims to the are public domain, and that claims to the contrary represent an assault on the very contrary represent an assault on the very concept of a public domain”concept of a public domain”

- Wikimedia - Wikimedia FoundationFoundation

www.flickr.com/photos/sovietukwww.flickr.com/photos/sovietuk

““...If museums and galleries not only claim ...If museums and galleries not only claim copyright on reproductions, but also control copyright on reproductions, but also control the access to the ability to reproduce the access to the ability to reproduce pictures (by prohibiting photos, etc.), pictures (by prohibiting photos, etc.), important historical works that are legally in important historical works that are legally in the public domain can be made inaccessible the public domain can be made inaccessible to the public except through gatekeepers.”to the public except through gatekeepers.”

- Wikimedia - Wikimedia FoundationFoundation

Cats and dogs are Cats and dogs are living togetherliving together

www.flickr.com/photos/pmtorronewww.flickr.com/photos/pmtorrone

Cats and dogs are Cats and dogs are living together living together

(possibly)(possibly)

www.flickr.com/photos/pmtorronewww.flickr.com/photos/pmtorrone

Where do Where do libraries need to libraries need to

live?live?

Charging copyright Charging copyright royalities?royalities?

www.flickr.com/photos/www.flickr.com/photos/library_mistresslibrary_mistress

Giving their books Giving their books to Google to sell?to Google to sell?

www.flickr.com/photos/jonwileywww.flickr.com/photos/jonwiley

Redefining fair?Redefining fair?

www.flickr.com/photos/www.flickr.com/photos/dugsprdugspr

Encouraging the Encouraging the free public free public domain?domain?

www.flickr.com/photos/santioliveriwww.flickr.com/photos/santioliveri

http://makeit.digitalnz.orghttp://makeit.digitalnz.org

“…“…The opposite of a free culture is a The opposite of a free culture is a ‘permission culture’ - a culture in which ‘permission culture’ - a culture in which creators get to create only with the creators get to create only with the permission of the powerful, or of creators permission of the powerful, or of creators from the past.” from the past.”

– – Larry LessigLarry Lessig

Copyright and Copyright and library library

digitisationdigitisation