is it copyrighted? can i use it? (nla2014)

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IS IT COPYRIGHTED? CAN I USE IT? LAURA JOHNSON & MICHAEL SAUERS NEBRASKA LIBRARY COMMISSION (WE’RE NOT LAWYERS) NLA ANNUAL CONFERENCE 10 OCTOBER 2014

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Presented with Laura Johnson at the Nebraska Library Association 2014 Annual Conference on 10 October 2014 in South Sioux City, NE.

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Page 1: Is it Copyrighted? Can I Use it? (NLA2014)

IS IT COPYRIGHTED?CAN I USE IT?

LAURA JOHNSON & MICHAEL SAUERSNEBRASKA LIBRARY COMMISSION

(WE’RE NOT LAWYERS)

NLA ANNUAL CONFERENCE10 OCTOBER 2014

Page 2: Is it Copyrighted? Can I Use it? (NLA2014)

Where is copyright codified?

A) In the U.S Constitution.B) In the United States Code.C) In the National Commission on New Technological Uses of Copyrighted Works (CONTU) guidelines.D) All of the above.

Page 3: Is it Copyrighted? Can I Use it? (NLA2014)

“The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”

-- U. S. Constitution Article I, Section 8

Page 4: Is it Copyrighted? Can I Use it? (NLA2014)

Is this presentation copyrighted?

A) Yes, automatically, unless it says otherwise.B) No, I haven’t seen a copyright symbol or statement.C) No, governments can’t claim copyright.

Page 5: Is it Copyrighted? Can I Use it? (NLA2014)
Page 6: Is it Copyrighted? Can I Use it? (NLA2014)

I needed an image for my Web site so I found a great one on Google. I can just use it, right?

A) Yes. B) No.C) Maybe.

Page 7: Is it Copyrighted? Can I Use it? (NLA2014)
Page 8: Is it Copyrighted? Can I Use it? (NLA2014)

FAIR USE CONSIDERATIONS

• Purpose and character of the new work•Nature of the copied work•Amount and substantiality of the original work• Effect upon original work's value• (CC)

Page 9: Is it Copyrighted? Can I Use it? (NLA2014)

If you use an image or quotation or clip, do you have to cite the source or give credit?

A) Yes. If you give attribution, then you can use it.B) Yes. This is a matter of good scholarship and librarianship, not of copyright.C) Maybe. If you’re using the material under a Creative Commons license.

Page 10: Is it Copyrighted? Can I Use it? (NLA2014)

https://en.wikipedia.org/wiki/List_of_cetaceans

Page 11: Is it Copyrighted? Can I Use it? (NLA2014)

It is legal to read a book out loud at story time.

A) Of course, it’s not like anyone’s suggested otherwise.B) Yes, because its fair use.C) Yes, due to a specific exception in the copyright law.D) Technically no, since it’s an unauthorized public

performance.

Page 12: Is it Copyrighted? Can I Use it? (NLA2014)

https://www.flickr.com/photos/christchurchcitylibraries/3187581564/

Page 13: Is it Copyrighted? Can I Use it? (NLA2014)

A patron told you she’s taking home CDs, making copies, and returning them, what should you do?

A) Nothing. It’s none of my business.B) Sit them down and have a little chat about copyright,

then let it go.C) Have that chat and if they keep doing it, cut them off.

Page 14: Is it Copyrighted? Can I Use it? (NLA2014)
Page 15: Is it Copyrighted? Can I Use it? (NLA2014)

May the library use one of the director’s monthly newspaper columns in our library newsletter?

A) Yes, as long as the library director’s ok with it.B) No. The newspaper owns the copyright, and the library may not use the material without permission.C) Maybe. What does the contract say?

Page 16: Is it Copyrighted? Can I Use it? (NLA2014)
Page 17: Is it Copyrighted? Can I Use it? (NLA2014)

If my library requests a photocopy of a magazine article through interlibrary loan, may we request another article from the same issue again in six months?

A) Yes. B) No.C) Maybe. How many have you already requested?

Page 18: Is it Copyrighted? Can I Use it? (NLA2014)

https://www.flickr.com/photos/kgs/538828172/

Page 19: Is it Copyrighted? Can I Use it? (NLA2014)

May we use a copy of the book cover to put on a flyer for our book club or on our Web site?

A) No. Not without specific permission.B) Yes. This falls within the doctrine of fair use.C) Yes. This is a “useful article.”

Page 20: Is it Copyrighted? Can I Use it? (NLA2014)
Page 21: Is it Copyrighted? Can I Use it? (NLA2014)

May we enlarge one of the illustrations from a book and paint it on the wall of the children’s room as a mural?

A) No. That’s stealing.B) Yes. Fair use.C) Maybe, if the illustration is old enough to be out of copyright.

Page 22: Is it Copyrighted? Can I Use it? (NLA2014)
Page 23: Is it Copyrighted? Can I Use it? (NLA2014)

The library may show a movie at a library program.

A) Yes.B) No.C) Maybe.

Page 24: Is it Copyrighted? Can I Use it? (NLA2014)
Page 25: Is it Copyrighted? Can I Use it? (NLA2014)

What is the different between a copyright and a trademark?

A) A copyright is automatic, a trademark must be applied for.B) The U.S. Copyright Office is part of the Library of Congress, and the Trademark Office is part of the U.S. Patent and Trademark Office.C) Copyright protection is the holder’s by right, a trademark must be defended.D) Copyright is more far-reaching than trademark.E) All of the above.

Page 26: Is it Copyrighted? Can I Use it? (NLA2014)
Page 27: Is it Copyrighted? Can I Use it? (NLA2014)

THANK YOU!

• Laura JohnsonContinuing Education CoordinatorNebraska Library [email protected]

• Michael SauersTechnology Innovation LibrarianNebraska Library [email protected]://www.travelinlibrarian.info

delicious.com/nlc_reference/copyright

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