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Sims "Current Parameters for Licensing and Circulating Digital Content"


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This presentation was provided by Nancy Sims of The University of Minnesota, during the NISO event "Owing, Licensing, and Sharing Digital Content." The virtual conference was held on Thursday, January 21, 2021.

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Sims "Current Parameters for Licensing and Circulating Digital Content"

  1. 1. Current Parameters for Licensing and Circulating Digital Content Nancy Sims, University of Minnesota Libraries Twitter: @CopyrightLibn
  2. 2. Roadmap • Current landscape – Copyright – Contracts/licenses • Altering the current landscape – Contracts/licenses – Copyright – Strategy – Ethics
  3. 3. Current Landscape: Copyright What does copyright law currently say about sharing our stuff?
  4. 4. Current Landscape: Copyright Key takeaway: Copyright currently says we CAN share stuff, in many different situations.
  5. 5. Current Landscape: Copyright Public Domain • Public domain = we all own it – Unpublished 70 years after death of author (prior to 1950) • Or 120 years from date of creation (1900) – Published in the US prior to 1926 • 95 years from publication for corporate authorship • 1926-1978 OFTEN with technicalities Sketch depicting Cleopatra; Michelangelo Buonarotti
  6. 6. Current Landscape: Copyright Section 108 • For libraries & archives that are open to the public or at least to specialized researchers – Unsupervised equipment – Making copies for patrons – ILL Making copies (clones?) c by BitBoy
  7. 7. Current Landscape: Copyright Section 108 (+109) • Preservation & replacement copies – “…in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises…” • Section 109 – If you own it, you can lend, sell, & display it Making copies (clones?) c by BitBoy
  8. 8. Current Landscape: Copyright Fair Use • IS NOT – “Too hard” – “Just a defense”/ “right to get sued” • IS – Heavily used by cultural orgs – A little complicated – Four factors/ transformative, etc.
  9. 9. Current Landscape:Contracts/Licenses • Contracts can prohibit us from doing things that would otherwise be allowed by law • But they also can allow us to do things that the law would otherwise prohibit Day 47/365 – Dead Tree Graveyard c by-nc-nd Kevin H.
  12. 12. Pushing the Bounds:Contracts/Licenses • READ THEM • NEGOTIATE THEM • DON’T PAY FOR STUFF WITH TERRIBLE TERMS Day 47/365 – Dead Tree Graveyard c by-nc-nd Kevin H.
  13. 13. Pushing the Bounds: Copyright • Public online copies like museum collections (fair use, 108, 109) • Educational uses like online storytime; books/media for classes (fair use, 109, 110) • “Non-consumptive” uses like search, computational analysis (fair use, contracts) • Controlled digital lending (fair use, 108, 109)
  14. 14. Pushing the Bounds: Copyright • Current Pressure Points – High res copies; contextual uses – Section 108, 110: What are our “premises” or what is “in class”, really? – Can a digital copy be shared –instead- of a physical one? (but see ReDigi)
  15. 15. Pushing the Bounds: Strategy • Lots of relationship management – Library reporting structures – Vendor & donor relationships • Risk management – Public/private – History of org Working on old photos c by-nc-nd Vermegrigio
  16. 16. Pushing the Bounds: Ethics • Putting our users, organizations, & public interest over private interests • Benefits to risk- taking: – Full-text search! – Accessibility! – Etc Edge of the earth c by-nc supercake