Participating in the Creative commons (LIBR287)

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LIBR 287 Seminar in Information Science Topic: The Open Movement and Libraries
San Jose State University School of Library and Information Science
18 November 2011

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  • READ CAREFULLY. By accepting this material, e.g. listening, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (i.e. “BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.
  • But a DMCA takedown notice has been sent to little ol’ me
  • Lee Rainieshowed The Grey Album in his keynote.
  • The Culture of the Copy by Hillel Schwartz, Zone Books, 1996“All rights reserved under the International and Pan-American Copyright Conventions. No part of this book may be reproduced, replicated, reiterated, duplicated, conduplicated, retyped, transcribed by hand (manuscript or cursive), read aloud and recorded on audio tape, platter, or disk, lipsynched, stored in a retrieval system, or transmitted in any form or by any means, including genetic, chemical, mechanical, optical, xerographic, holographic, electronic, stereophonic, ceramic, acrylic, or telepathic (except for that copying permitted by Sections 107 and 108 of U.S. Copyright Law and except by reviewers for the public press who promise to read the book painstakingly all the way through before writing their reviews) without prior written permission from the Publisher.”
  • [RE-BINDING]Justin Charles &amp; Co - 2003“All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior written permission of the publisher, nor be otherwise circulated in any form of binding or cover other that that in which it is published and without a similar condition being imposed on the subsequent publisher.”[JUST IN CASE YOU’RE NOT IN THE US]Borderlands Press – 2007“This book is fully protected under the copyright laws of the United States of America, and all of the countries covered by the International Copyright Union (including the countries covered by the International Copyright Union including the Dominion of Canada and the rest of the British Commonwealth), and all of the countries covered by the Pan-American Copyright Convention and the Universal Copyright Convention, and of all countries with which the United States has reciprocal copyright relations. All rights, including professional, amateur, motion picture, recitation, lecturing, public reading, radio broadcasting, television video or sound taping, all other forms of mechanical electronic reproductions such as information storage and retrieval systems and photocopying, and the rights of translation into foreign languages are strictly reserved.” [THAT’S JUST TWO SENTENCES]February 2008 – Cemetery Dance“All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the author, or his agent, except by a reviewer who may quote brief passages in a critical article or review [NEXT SLIDE]to be printed in a magazine or newspaper, or electronically transmitted on radio or television.”
  • Image from http://images.businessweek.com/ss/07/06/0621_it100/source/1.htm
  • Image from http://blog.ning.com/2007/11/wordpress_integration.html
  • Fair Use
  • Libraries and archives exception
  • Useful articles – i.e. book covers to promote the work
  • The Electronic Frontier Foundation (EFF) has filed a lawsuit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted an internet video of her toddler dancing to a Prince song. Stephanie Lenz&apos;s 29-second recording shows her son bouncing along to &quot;Let&apos;s Go Crazy,&quot; heard playing in the background. Lenz uploaded the home video to YouTube in February to share it with her family and friends.
  • http://encarta.msn.com/media_461526090/Disney&apos;s_Snow_White.htmlhttp://www.disney-vacation-time.com/disney-cinderella/http://movies.yahoo.com/movie/1800341693/photo/449347http://entertainment.howstuffworks.com/how-disney-princess-works4.htm
  • Cory Doctorow: Record executive says “DJ Danger Mouse is now ½ of Gnarls Barkley so that’s a happy ending.”
  • These days fair use is practically meaningless since all advice is “ask permission just in case”
  • But different creators may have different needs.What if I want to allow people to reprint my work but don’t want to allow them to change it.This is not something you can do with copyright.
  • First Sale Doctrine
  • Court Rules First Sale Doctrine Only Applies to Works Manufactured in U.S.http://www.libraryjournal.com/lj/home/891663-264/court_rules_first_sale_doctrine.html.cspA U.S. appeals court affirmed a lower court ruling on Monday, August 15, that held the first sale doctrine applies only to works manufactured in the United States. The decision has the potential to undermine libraries&apos; ability to lend foreign printed books.The 2nd U.S. Circuit Court of Appeals ruled 2-1 in John Wiley &amp; Sons Inc v. SupapKirtsaeng that Kirtsaeng, a Thai man studying in the United States, infringed upon John Wiley &amp; Sons&apos; copyrights when he had his family send him cheaper foreign editions of Wiley textbooks, printed by Wiley Asia, that he then resold on eBay for a profit. His PayPal account showed revenues of $1.2 million.Kirtsaeng has argued that the first sale doctrine gave him the right to resell the textbooks, but the U.S. District Court for the Southern District of New York ruled against this argument in October 2009 and awarded John Wiley $600,000 in statutory damages. The Second Circuit upheld this decision this week.
  • www.creativecommons.org
  • Attribution. You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.
  • Noncommercial. You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only
  • No Derivative Works. You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.
  • Remix -
  • Share Alike. You allow others to distribute derivative works only under a license identical to the license that governs your work.Note: A license cannot feature both the Share Alike and No Derivative Works options. The Share Alike requirement applies only to derivative works.
  • Commons Deed. A simple, plain-language summary of the license, completewith the relevant icons.
  • Human Readable - Commons Deed.A simple, plain-language summary of the license, completewith the relevant icons.
  • LawyerReadable - Legal Code.The fine print that you need to be sure the license will stand up in court.
  • Machine Readable - Digital Code. A machine-readable translation of the license that helps search engines and other applications identify your work by its terms of use.
  • Why Photographers Hate Creative Commons20 December 2007http://rising.blackstar.com/why-photographers-hate-creative-commons.html
  • “Creative Commons licenses are non-revocable. This means that you cannot stop someone, who has obtained your work under a Creative Commons license, from using the work according to that license. You can stop distributing your work under a Creative Commons license at any time you wish; but this will not withdraw any copies of your work that already exist under a Creative Commons license from circulation, be they verbatim copies, copies included in collective works and/or adaptations of your work.”http://wiki.creativecommons.org/Frequently_Asked_Questions
  • Before Creative Commons, a corporation or ad agency that wanted to use your photo would have to contact you or your photo agency for permission to use it. You could negotiate a price based on the particular use, making sure you got a fair deal.
  • What if I have some AdSense advertising on my Web page or blog? What if I put together an entire ad-supported Web site using noncommercial photos? What if I&apos;m using those photos as &quot;incidental&quot; illustrative content in a presentation I&apos;m being paid to give? (This was my case.) What if I print a book of these photos but only charge my cost? What if I cover my time at some nominal rate as well?
  • If you&apos;re not careful, you might inadvertently grant permission for your photo to appear on a giant billboard for herpes medication, or in the newsletter of some political organization you despise.
  • The post is a long one about how people are rude when it comes to cell phone use in today&apos;s society. Something I do agree with. In it are comments from many others about when and where cell phone use is appropriate. In about the middle of the post someone writes &quot;And in the worst-of-the-worst category, don’t use a cell phone... While in the library.&quot; Next to this text is a copy of a recent photo I took in Wichita, KS of a sign from Friends University that states &quot;Please turn off cell phones in the library&quot;.Where I have a problem is that the use of my photo implies (to me, let me know if it doesn&apos;t to you) that I agree with the statement that the photo is illustrating. Those of you who know me (or at least read my blog) know that I&apos;m not in agreement with policies that ban cell phones from libraries.
  • Virgin Mobile
  • Flickr comment: “Warms the cockles of my heart!”Flickrmail: “Holy moly, Michael. This is made of awesome.”
  • Trigger Happy by Steven PooleDMCA takedown notice
  • Tips for Conference BloggersBruno Giussani &amp; Ethan Zuckerman
  • Some printed, some notNew OCLC Records when needed
  • Some printed, some notNew OCLC Records when needed
  • Trigger Happy – OverdriveFree Culture – Net Library
  • We’re a state library. We don’t generally catalog fiction.
  • Who’s the “publisher”?What is the “publication location”?
  • Participating in the Creative commons (LIBR287)

    1. 1. Participating in the Creative Commons Michael Sauers Technology Innovation Librarian Nebraska Library CommissionLIBR 287 Seminar in Information Science Topic: The Open Movement and Libraries San Jose State University, School of Library and Information Science 18 November 2011 1
    2. 2. EULA(reasonableagreement.org) 2
    3. 3. i ≠ lawyer 3
    4. 4. DMCA me 4
    5. 5. http://www.flickr.com/photos/8626571@N02/637745334/ 53X
    6. 6. copyright.gov 6
    7. 7. “All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the publisher, except by a reviewer who may quote brief passages in a review.”7
    8. 8. © =right to exclude 8
    9. 9. 9
    10. 10. Anime Music Videos 10
    11. 11. 11
    12. 12. 12
    13. 13. 13
    14. 14. 14
    15. 15. 15
    16. 16. Rights grab? 16
    17. 17. “…to be printed in a magazine or newspaper, or electronically transmitted on radio or television.” 17
    18. 18. 18
    19. 19. 19
    20. 20. But what about fair use? 20
    21. 21. 17 U.S.C. § 107Notwithstanding the provisions of sections 106 and 106A, thefair use of a copyrighted work, including such use byreproduction in copies or phonorecords or by any other meansspecified by that section, for purposes such as criticism,comment, news reporting, teaching (including multiple copiesfor classroom use), scholarship, or research, is not aninfringement of copyright. In determining whether the use madeof a work in any particular case is a fair use the factors tobe considered shall include— 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar afinding of fair use if such finding is made upon considerationof all the above factors. 21
    22. 22. § 108. Limitations on exclusive rights: Reproduction by libraries and archivesHow Current is This?(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of itsemployees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distributesuch copy or phonorecord, under the conditions specified by this section, if—(1) the reproduction or distribution is made without any purpose of direct or indirect commercialadvantage;(2) the collections of the library or archives are(i) open to the public, or(ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in aspecialized field; and(3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, orincludes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of thissection.(b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation andsecurity or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if—(1) the copy or phonorecord reproduced is currentlyin the collections of the library or archives; and(2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside thepremises of the library or archives.(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecordthat is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if—(1) the library or archives has, after a reasonableeffort, determined that an unused replacement cannot be obtained at a fair price; and(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawfulpossession of such copy.For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufacturedor is no longer reasonably available in the commercial marketplace.(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or fromthat of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part ofany other copyrighted work, if—(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be usedfor any purpose other than private study, scholarship, or research; and(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements thatthe Register of Copyrights shall prescribe by regulation.(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives wherethe user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that acopy or phonorecord of the copyrighted work cannot be obtained at a fair price, if—(1) the copy or phonorecord becomes the property of the user, and the library or archives has hadno notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements thatthe Register of Copyrights shall prescribe by regulation.(f) Nothing in this section—(1) shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducingequipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law;(2) excuses a person who uses such reproducing equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or forany later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;(3) shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program,subject to clauses (1), (2), and (3) of subsection (a); or(4) in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy orphonorecord of a work in its collections.(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the samematerial on separate occasions, but do not extend to cases where the library or archives, or its employee—(1) is aware or has substantial reason to believe that it is engaging in therelated or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intendedfor aggregate use by one or more individuals or for separate use by the individual members of a group; or(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clauseprevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies orphonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.(h)(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution thatfunctions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation,scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A),(B), and (C) of paragraph (2) apply.(2) No reproduction, distribution, display, or performance is authorized under this subsection if—(A) the work is subject to normal commercial exploitation;(B) a copy or phonorecord of the work can be obtained at a reasonable price; or(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A)and (B) applies.(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.(i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisualwork other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect topictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and(e). 22
    23. 23. 17 U.S.C. § 113In the case of a work lawfullyreproduced in useful articles thathave been offered for sale or otherdistribution to the public,copyright does not include any rightto prevent the making, distribution,or display of pictures orphotographs of such articles inconnection with advertisements orcommentaries related to thedistribution or display of sucharticles, or in connection with newsreports. 23
    24. 24. huh? 24
    25. 25. 25
    26. 26. 26
    27. 27. 27
    28. 28. 28hhttp://flickr.com/photos/34041589@N00/453859907
    29. 29. clearance culture 29
    30. 30. fair use = the right tohire a lawyer &defend yourself 30
    31. 31. "Copyright treats all creators the same.”―Cory Doctorow 31
    32. 32. 17 U.S.C. § 109.Limitations on exclusive rights: Effect of transfer of particularcopy or phonorecord42(a) Notwithstanding the provisions of section 106(3), the owner ofa particular copy or phonorecord lawfully made under this title,or any person authorized by such owner, is entitled, without theauthority of the copyright owner, to sell or otherwise dispose ofthe possession of that copy or phonorecord. Notwithstanding thepreceding sentence, copies or phonorecords of works subject torestored copyright under section 104A that are manufactured beforethe date of restoration of copyright or, with respect to relianceparties, before publication or service of notice under section104A(e), may be sold or otherwise disposed of without theauthorization of the owner of the restored copyright for purposesof direct or indirect commercial advantage only during the 12-month period beginning on —(1) the date of the publication in the Federal Register of thenotice of intent filed with the Copyright Office under section104A(d)(2)(A), or(2) the date of the receipt of actual notice served under section104A(d)(2)(B), whichever occurs first. 32
    33. 33. First Sale Doctrine (Saying goodbye?) 33
    34. 34. Lawrence Lessig 34http://www.flickr.com/photos/mariocarvajal/230462082
    35. 35. creativecommons.org 35
    36. 36. 36
    37. 37. c =right to include 37
    38. 38. Choose… 38
    39. 39. 39
    40. 40. 40
    41. 41. 41
    42. 42. 42
    43. 43. 43
    44. 44. how? 44
    45. 45. 45
    46. 46. get… 46
    47. 47. 47
    48. 48. 48
    49. 49. <a rel="license"href="http://creativecommons.org /licenses/by-nc-sa/3.0/us/"> 49
    50. 50. Otherlicenses… 50
    51. 51. 51
    52. 52. Other ways… 52
    53. 53. 53
    54. 54. 54
    55. 55. examples 55
    56. 56. 56
    57. 57. 57
    58. 58. 58
    59. 59. 59
    60. 60. 60
    61. 61. search.creativecommons.org 61
    62. 62. 62
    63. 63. Any problems? 63
    64. 64. “Once you choose alicense for your work, its irrevocable.” 64
    65. 65. Negative market effect? 65
    66. 66. What is“non-commercial”? 66
    67. 67. Unintended use 67
    68. 68. 68
    69. 69. Right of publicity 69
    70. 70. CC in Libraries? 70
    71. 71. 1:Teach your students &partons to use CC-licensed works 71
    72. 72. 2:Licenseyour work 72
    73. 73. 3:CatalogCC works 73
    74. 74. CC @ NLC 74
    75. 75. 75
    76. 76. 76
    77. 77. 77
    78. 78. 78
    79. 79. Added tocollection 79
    80. 80. Questions raised: 80
    81. 81. Competition? 81
    82. 82. Collectiondevelopment policy? 82
    83. 83. Cataloging Issues 83
    84. 84. i ≠ cataloger 84
    85. 85. Michael Sauersmsauers@travelinlibrarian.info@msauers+Michael Sauersdelicious.com/travelinlibrarian/ccwww.slideshare.net/travelinlibrarian 85

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