What to know before you click "publish"
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1) The document provides guidance for digital project authors on copyright, fair use, and permissions issues they should consider before publishing or distributing their work. 2) It outlines exclusive rights granted by copyright, such as reproduction and distribution, and exceptions like fair use which allow limited use of copyrighted works for purposes such as education without permission. 3) The document advises authors to determine what content they need from other sources, whether their purpose falls under fair use or requires a license, and to consider privacy and ethics issues regarding people or cultural works included. It directs them to contact the library for help navigating these legal and policy questions.
What to know before you click "publish"
- 1. You’re a digital project author! What to know before you “publish” Rachael G. Samberg Scholarly Communication Officer UC Berkeley Library July 17, 2019
- 2. YOU HAVE A VISION FOR YOUR PROJECT
- 3. YOU’VE FOUND & MADE COOL CONTENT
- 4. Multiple types of content Text Visual / 3D Bibliographic
- 6. But first, think about the rights of the authors or entities who created or made that content available, and your own rights as an author
- 9. 2. FAIR USE PERMITTED. Some materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for personal use... 9
- 10. We need to sort out copyright, fair use, and other law & policy issues!
- 11. There’s a difference between citing your sources and having permission to include content from those sources Dan4thNicholas,CC-BY, h2ps://flic.kr/p/8PEZiG Sakaki0214,CC-BY-NC-ND, h2ps://flic.kr/p/9jykF1 ATTRIBUTION PERMISSION
- 12. 12 Whether you need permission can depend on ● Copyright (and exceptions!) ● Contracts ● Privacy ● Ethics
- 13. COPYRIGHT Exclusive rights to make certain uses of original expression for limited period of time Photo by Luis Alfonso Orellana on Unsplash Egypt, Lee Friedlander (1983)
- 14. Exclusive Rights ● Reproduction ● Derivative works ● Distribution ● Public performance ● Public display Egypt, Lee Friedlander (1983)
- 15. Limited Period ● Varies, but at least author’s life + 70 years ● Within the “protected” period, you need author’s permission to reproduce, display, perform, etc. Egypt, Lee Friedlander (1983)
- 16. What does copyright protect? Expression, not ideas or facts
- 17. Other limits: The Public Domain FEDERAL GOVERNMENT WORKS EXPIRED COPYRIGHT Headfromananthropoidsarcophagus, 200B.C. https://collections.mfa.org/download/140439 https://www.loc.gov/exhibits/thousand-years-of -the-persian-book/
- 18. If copyright gives authors exclusive rights for so long, how can we ever use anything? 18
- 19. Rely on an exception like fair use https://skfb.ly/6HFrw
- 20. “The fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching…, scholarship, or research, is not an infringement of copyright.” https://skfb.ly/6HFrw
- 21. Four-factor balancing test https://skfb.ly/6HFrw 1. Purpose & character of use Nonprofit educational more likely fair than commercial; “transformativeness” often dominates. 2. Nature of copyrighted work More likely fair if you’re using factual/scholarly work. 3. Amount and substantiality Size & importance of portion used in relation to whole. 4. Effect on potential market Less likely fair if use supplants market for purchasing/licensing original.
- 23. Understanding & Choosing Licenses ● When using other people’s content, what rights do you need to accomplish your purpose? ● When creating your own content, what do you want to allow other people to do? What impact do you want your work to have?
- 24. Try to get/use standard licenses or marks (e.g. Creative Commons) I waive copyright in my work There is no known copyright in this work
- 25. Contracts Already digitized in a library database? Using digital collections on the Web? There may be a contract at play... Photo by Cytonn Photography on Unsplash
- 26. Website terms of use, database licenses agreements, donor agreements...
- 30. The contract might be one that the library signed. Permitted Uses 1. Research and Analysis. ...Authorized Users are permitted to display and use reasonable portions of information...for educational or research purposes... 2. Fair Use/Fair Dealing. Customer and its Authorized Users may use the materials contained within the Service consistent with the doctrines of "fair use"...
- 31. Privacy & Ethics Privacy rights govern the people who are subjects of the work. Ethics shape uses of content or knowledge acceptable within a discipline or community. Photo by Danurwendho Adyakusuma on Unsplash
- 32. Privacy ● Exception for consent / public spaces ● Exception for “newsworthiness” or public interest ● Expire at death Photo by Danurwendho Adyakusuma on Unsplash
- 33. Ethics ● International protections for indigenous knowledge, but not much in terms of actual law in U.S. (except NAGPRA) ● Consider community dialogue and relationships ● Look to professional/disciplinary norms and standards ● Consult with faculty advisors Photo by Danurwendho Adyakusuma on Unsplash
- 34. Making sense
- 35. Making sense What do you plan to do? Do you need permission to do it? (copyright, contract) Are there privacy considerations? Ethical considerations?
- 36. Making sense http://ucblib.link/vm What do you plan to do? Do you need permission to do it? (copyright, contract) Are there privacy considerations? Exceptions? Ethical considerations?
- 37. Contact us! We can help! Office of Scholarly Communication Services Website: www.lib.berkeley.edu/scholcomm E-mail: schol-comm@berkeley.edu