acp membership meeting september 4, 2014. some common copyright myths copyright basics ...
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Some Common Copyright Myths Copyright Basics Application to Publishing
Using Material Creating Material
Outline of Today’s Session
Copyright laws don’t apply to non-profits. If we aren’t going to sell it, we don’t need permission. If there’s no copyright notice on something, it’s in the
public domain. If it comes from the Vatican, it’s in the public domain. We paid the author (photographer, artist, etc.) for the
work, so we own the copyright. If it’s more than 50 (or 75 or ...) years old, it’s in the
public domain. If it’s less than 500 (or 300, or 250) words, it’s fair
use.
Copyright Myths
What is copyright? How do you get it? How long does it last? Why bother registering?
Copyright Basics
review or criticism short passages in a scholarly or technical work parody news report incidental and fortuitous reproduction, in a newsreel
or broadcast, of a work located in the scene of an event being reported
reproduction by a library of a portion of a work to replace part of a damaged copy
reproduction by a teacher or student of a small part of a work to illustrate a lesson
Fair Use
The purpose and character of the use,
including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work The amount and substantiality of the portion
used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
Determining Fair Use
How does your house make determinations
about fair use? What processes do you have in place with
regard to copyright registration? What additional information/resources about
copyright do you need for your staff?
Discussion
Title of work being excerpted Description of excerpt (number of words,
seconds of music or footage, etc.) Your use (media, length, print run, list price,
territory, term) Proof pages (?)
Information to Include in Your Requests
Get it in writing! Make sure you have necessary releases. Be very clear on terms – what do you own,
what can you do, what can you allow others to do, what do you owe.
Creating Material
http://thewalters.org/rights-reproductions.aspx https://images.nga.gov/en/page/openaccess.html
http://www.getty.edu/about/opencontentfaq.html http://artgallery.yale.edu/using-images
http://britishart.yale.edu/collections/using-collections/image-use
http://www.lacma.org/about/contact-us/terms-use http://www.bl.uk/catalogues/illuminatedmanuscripts/reuse.asp Index of Open Collections http://openglam.org/open-collections/
Resources for Images
Record-keeping is your friend. Beware of “commons” sites. Consider creating a “safe” library
of texts and images.
Final Recommendations
How do you manage permissions data (input
and management)? Who is responsible for requesting permissions
and updating records? Are permissions fees and royalties handled
differently in terms of approval and payment? What are your current and expected future
challenges in obtaining permissions?
Discussion
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