Coping with Copyright

Top learning: OLA has a Copyright Committee and they will answer all your questions!

• Joan Dalton, University of Windsor jdalton@uwindsor.ca (519) 253-3000 ext. 3212
• Margaret Ann Wilkinson, Western University mawilk@uwo.ca 519 661-2111 ext. 88407
  
• Victoria Owen, University of Toronto Scarborough owen@utsc.utoronto.ca 416-287-7519

Four common questions:

1. Can I paint a mural of Dumbo on the wall of the children's department at my library?

2. Does my library need a public performance license to show Hollywood Librarian?

3. Can my library link to the Canadian Cancer Society webpage from our catalogue and website?

4. If we purchase ebook readers for our members, can they download and share their e-copies?

(see answers at end*)

Copyright basics:

• As soon as something is fixed in tangible form, copyright exists, e.g. my handwritten notes taken at OLA are now copyrighted -- as is this blog.
• owning a copy of a work does NOT mean you own the copyright
• copyright is not just one right, but a bundle of rights: e.g. right to produce, reproduce, publish, perform in public, translate, convert to another format, convert to another form (e.g. drama, film, broadcast)

Exceptions:

• Fair dealing
• Educational institutions (single use study copy)
• Libraries, archives, museums (may reproduce to maintain their permanent collection)

Trademark infringement is associating yourself with a cause that is not your own - by using that cause's logo on your work. Can't use OLA trademarks, e.g. Forest of Reading logos without permission.

Movies

• involve a ton of rights: script, music, broadcast, performance; producers bring these together, and then arrange for the legal distribution of the film via different kinds of licenses for different kinds of viewings
• check your license: if yours doesn't say right to "perform the work in public" or "transmit to the public via telecommunication" then you can't show it or post it to your library website.
• Need to buy Canadian public performance rights licenses. U.S. PPR is not valid in Canada.

Hyperlinking is okay!

Supreme Court 2011 ruling said "a hyperlink, by itself, is content neutral” “Making reference to the existence and/or location of content by hyperlink … is not publication of that content.”

eBooks and eReaders

• A. Library owned ebooks on library-owned ereaders are okay for the library to lend. Why? library has selected and licensed the titles.
• B. Library ereader - ebook purchased and loaded by the user. Could be okay to lend, as long as the license on the user's ebook does not specify ebook must be used by a single user, or must only be downloaded to a personal device. And as long as the user's ebook license was valid.
• .. but... content loaded by user may contain personal data of the purchaser – by lending that content, library would violate law on personal data protection.
• Lots to check before letting other users borrow that loaded e-reader!
• C. User's personal e-reader with downloaded library ebook. Might not be okay for one member to lend this to another. If user lends this to another person, the user may be breaking the terms of the download. But it's the user's problem, not the library who is at fault. Note to content selectors: get your licenses to indemnify library against patron abuse.
• D. Personal eReader and personally purchased eBook -- Library cannot lend these. Will be breaking copyright for sure!

* Answers:

1. No, not without permission. Trademark infringement

2. Yes, license will depend on exactly where it will be shown, and how you bought the movie.

3. Yes.

4. No and yes. Best practice is to wipe library e-readers clean of all e-content

between loans to users. Or lend out only library eReaders loaded with library eBooks.

Powerpoint available at http://www.accessola2.com/superconference2012/1003.pdf

Well worth a look!