• ownership of content
• using third party content
• protecting publications

The issues affect both print and electronic publishers of all sorts of content.

Copyright Ownership

In copyright, the ownership rule seems straightforward: an author is the first owner of copyright in her work. However, in an employment situation, the employer owns the copyright in her employee’s work. A consultant on the other hand owns the copyright in her writings unless there is a written agreement stating otherwise. Written agreements can change the ownership of copyright materials; licenses can provide permission to use materials that you do not own.

Third Party Content

Third party content is content in which you do not own the rights. Some typical examples of third party works included in publications are: images, diagrams, tables, charts, and photographs. When using third party content, it is always best to begin with the presumption that the content is protected by copyright. Online content and images found through search engines like Google Images are often protected by copyright.

Protecting Publications

Using a copyright symbol and including copyright information (plus a link to obtain permission to use your online publications) is one of the simplest ways to start protecting your content. Watermarking, digital rights management, and license agreements may all be helpful as well.

More info at Member profile: Harris has the answers on copyright laws

See Copyright for Publishers session at SIPA on 5 June 2013

Fifth Grade Filmmaker

With this theme in mind, Ms. Pallante handed a copyright registration certificate to fifth grader Zachary Maxwell. Zachary is a filmmaker or as he calls it “a story teller.” His most recent film is Yuck: A 4th Grader’s Short Documentary about School Lunch. Zachary told the crowd that he was going to snuggle with his certificate! He also thanked the U.S. Copyright Office for all their hard work in protecting his stuff. He registered the copyright in Yuck because it took him eight months to make his film and he didn’t want anyone using it without his permission.

Country Music Songwriters

Nashville songwriters and performers Brett James, Jessi Alexander and Lee Thomas Miller gave tremendous performances and each one chatted a bit about the career and struggles of a songwriter and the value of intellectual property.

Documentary Filmmakers

Mother and daughter team, Gail Mooney and Erin Kelly, shared their hard work in creating their 2011 documentary Opening Our Eyes, a 99-day journey around the world which tells the story of nine ordinary people making a difference in the world. As filmmakers, they have great respect for copyright and also ensure that they own the copyright in their projects.

Bob Goodlatte announced a comprehensive set of hearings to review U.S. copyright laws. Other speakers included James Pooley, WIPO; Teresa Rea, USPTO; Bart Herbison, National Songwriters Association; and Sandra Aistars, Copyright Alliance.

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Begins 2 May (ending 20 May), offered through Special Libraries Association’s Click University.     Register

There are 3 webinars which are recorded, a discussion list, and a 10-question multiple choice quiz at the end of the course. Participants receive a certificate of completion. Topics include:

• the unique point of view of authors and publishers
• criteria for copyright protection and what works are protected
• registering copyright works
• using the copyright symbol
• ownership (author, employee, publisher)
• duration of protection
• rights granted to authors and publishers
• moral rights versus economic rights
• permissions for incorporating and adapting third-party works
• fair use/dealing from the author/publisher perspective
• licensing and assigning works to others
• exploiting works
• protecting works online
• copyright infringement and remedies

What people are saying about the value of the copyright management courses:

“I feel so much more confident about copyright than I did prior to taking the courses.”

“I’ve really enjoyed this course. The emphasis on perspectives was enlightening.”

“We learned so very much and have built of great network of resources to assist us in our day-to-day work.”

1. Copyright for Publishers in Washington, DC

Wednesday 5 June 2013, 2:10 – 3:10 pm, Bonus Session at SIPA (Specialized Information Publishers Association) – open to conference attendees only. See blog post: Three important copyright issues for publishers.

2. Teaching Others About Copyright and Licensing in San Diego, CA

Friday 7 June 2013, 8 am – 4 pm, offered by SLA (Special Libraries Association) – open to all

3. Copyright Compliance and Management in San Diego, CA

Saturday 8 June 2013, 8 am – 4 pm, offered by SLA (Special Libraries Association) – open to all

Prefer online training? Click here.

The Teachable Copyright Training Moment

1.   Survey colleagues to find out how they use copyright protected materials or what types of information or questions they have about copyright. Perhaps even put a poll or survey on your intranet. Share the results so that communication about copyright is on-going.

2.   Develop a contest for staff or the public to research, and provide answers to, a variety of copyright questions. Provide prizes for the most correct answers.

3.   Arrange for the showing of the 2013 Best Documentary Academy Award winning film Looking for Sugar Man. Discuss the copyright and royalty issues relating to musicians that are raised in the film.

WIPO World Intellectual Property Day

4.   Be part of a worldwide celebration of intellectual property. Plan and organize a celebration of copyright on 26 April 2013 for World Intellectual Property Day. Provide attendees with copyright bookmarks, posters or other takeaways so they have ongoing reminders about copyright law.

5.   If your company has a social committee, offer to assist with musical licensing arrangements for the next event.

Are you responsible for spreading the word about copyright in your library or organization? Do people come to you looking for answers about copyright law and licensing issues? Do people see you as a barrier to using content or as a gateway to obtaining access to that content? Change the copyright perception in your organization from no to know! Below are some ideas to try.

1.   Actively engage your colleagues in a copyright conversation. Find out their ultimate goal in using copyright-protected content . This can lead to a variety of options not previously thought of – such as linking to a website rather than copying an image, or summarizing an article rather than reproducing it.

2.   Offer to help a colleague who seems overwhelmed about how copyright law applies to their situation. For example, how is fair use interpreted? Explain the factors set out in the Copyright Act. Sometimes understanding how the law works or the policy behind it, makes it clearer and less frustrating to a person. Let them know that fair use is frustrating to many people and that they are not alone.

3.   Develop a copyright website that includes information on how to legally use copyright-protected materials, FAQs on fair use/dealing, how digital licenses work, and a click-through link to contact your in-house copyright guru (you?!) with a form to ask their specific questions about copyright law.

Make Copyright Law Personal!

4.   Don’t be faceless – make it personal! Get out there and meet with people. Putting a face to the copyright concept is a great way to inform people about it. The more they see that you are trying to help them, the faster the change of perception can occur. If you have a blog or Facebook page on copyright, put your photo on the blog and Facebook page. If you are tweeting copyright tips, post your photo on your Twitter homepage.

5.   Share positive news about copyright. Have some new materials entered the public domain? Has there been a recent court case that allows you greater use of content? Is there is an exciting new website or really great article or post on copyright that you can share?

5 Copyright Education Ideas

1.   Develop a scavenger hunt on copyright. Have it incorporate several scenarios that are likely to occur in your organization. Ask staff to identify as many copyright issues as they can. Provide a number of sources of information staff can use to answer the questions (e.g., your country’s copyright office, WIPO, organizational policies).

2.   Ask people in your organization to write and produce short (3 minute) vignettes on the use of copyright-protected materials. Getting others involved in copyright education will make them more interested in it. Make it fun; have them record the videos on their smart phones.

3.   Ask your colleagues to create a brief copyright information statement to include in organizational print and electronic newsletters. Make it a contest to see who can create the best or perhaps shortest copyright statement.

4.   Develop a copyright handbook. Engage your colleagues and ask for their ideas about what information to include in it. Better yet, ask them to help write the handbook as a collaborative effort. Distribute the handbook electronically so it can easily be updated to coincide with changes in the law and new technologies.

5.   Hold an informal brown-bag Lunch & Learn session so your colleagues can bring their copyright questions and eat lunch at the same time. If possible, provide a free lunch as a way to entice your audience to attend the session.

Library and Special Library Copyright Issues is the name of an online course beginning 10 April 2013 (ending 29 April 2013) through Special Libraries Association’s Click University.

There are 3 webinars which are recorded, a discussion list, and a 10-question multiple choice quiz at the end of the course. Participants receive a certificate of completion.

The online course covers:

• the rationale for specific provisions for libraries and others
• existing library provisions and exemptions in various statutes:  U.S. Copyright Act, Sonny Bono Copyright Term Extension Act (1998), DMCA and TEACH Act (special information will be provided for Canadian libraries)
• Section 108 Study Group
• fair use in general and in special libraries (i.e., the for-profit sector)
• specific copyright issues in libraries including software use, interlibrary loan, electronic reserves, photocopying, document delivery services, corporate intranet content, digital archives, index and table of contents creation, preservation, digital libraries
• the liability of a library when copying for others
• reproductions on library premises by non-librarians
• copyright warnings at photocopy machines, computers, etc.
• working with copyright collectives like the Copyright Clearance Center
• working with digital content vendors
• relevant court cases including American Geophysical Union v. Texaco, The New York Times Co. v. Tasini, Lowry’s Reports v. Legg Mason, CCH v. Law Society, and out-of-court settlements
• the future role of librarians as copyright managers

What participants say about the copyright management courses:

“In-depth discussion of Section 108 really helps [me] understand the special position of libraries in copyright law.”

“I did learn things that I did not know while taking this course.  All the information was presented in a very informative, understandable manner.”

“The blend of activities makes for a very effective learning situation. Having taken the earlier courses in the series, I wasn’t sure how much this one would offer but, there was a lot of new material and I learned several important things I didn’t know before taking the class.”

“The readings and the discussions were priceless.”

Register.

Some recent posts that may appeal to your taste buds as well as your copyright law interest. Copyright + Food now has its own section in the Resources part of Copyrightlaws.com. See Resources tab above. Recent posts include:

Pi(e) is Not Protected by Copyright

Photographing Food in Restaurants

Stealing and Sampling in the Grocery Store…and in Copyright Law

Have a copyright + food issue you want addressed in this blog? Comment below with your ideas and questions.

Various opportunities to learn about copyright law in an online environment are scheduled in April + May.

10 – 29 April: Library and Special Library Copyright Issues

1 – 31  May: eTutorial on Canadian Copyright Law

2 – 20 May: Copyright Principles for Authors and Publishers

Stay tuned for in-person courses on copyright in June 2013.