• An employee accesses your licensed databases while traveling out of the country
• You are negotiating a digital license with a vendor/publisher/content owner who is based outside your own country
• Librarians from more than one country (for e.g., South Africa, Australia, Canada and the U.S.) join a journal club and share articles through the club (post articles to a private online space)
• Two colleagues contribute research papers from authors from several countries which they share via Sharepoint
• You post a photograph on your Facebook page
• Your organization has locations or employees in more than one country
• You are teaching an online course with students from more than one country
• You are posting content on a website or intranet that will be accessed outside your own country
• You are using content from outside your own country
• You are determining whether fair use or fair dealing may be a defense to the use of online content

How do I obtain permission for posting articles and images on our website which can be accessed from around the world?

If my information center or organization has licensed a database or periodical, can its contents be shared with our offices or traveling employees in other countries?

How do we get copyright protection in other countries?

When and why do I need to know about the copyright laws in other countries?  Are there any copyright conventions that make copyright law consistent around the world?

Find answers to these questions and many others in CCM300. Global Copyright Law Principles. This is a practical course aimed at non-lawyers.  This online copyright course has 3 webinars, private moderated online discussions and independent readings.  Share your international copyright situations with the class and learn how to manage your specific situations. Course begins 24 May and ends 8 June, 2012.

If you are interested in further similar courses, see Certificate in Copyright Management.

What do our course participants say:

“International copyright law is easier to understand than I originally thought!”

“The readings were valuable because they explained the concepts well and will serve as a reference in the future.”

For the fifth year, SLA/Click University is offering a Certificate in Copyright Management. This unique program unites those in North America and around the world together to form a network of librarians, educators, publishers and other non-lawyers who need training, credentials and support for managing copyright, fair use/dealing, digital rights, developing copyright procedures, guidelines and policies, and educating others in their workplaces. Developed and taught by Lesley Ellen Harris, the 7 online and 2 in-person courses are practical and discussions are based on the needs and interests of participants. Each course is unique in terms of content and discussions. Participants may register for one or several or all of the courses. Courses are scheduled between October 2011 and June 2012.

What do our participants say:

Everything has been great so far. I have already seen benefit from the information to my work, which I consider an excellent return on investment so far. I will definitely be pursuing the Certificate.  - Tracy Herson, Manager, Corporate information and Executive Administrator Reata Pharmaceuticals, Inc.

This is a FANTASTIC program and I would highly recommend it.  I have  learned (and used) so much.  I have taken copyright courses for several years,but this program is laid out so well and is so practical, and the interactions among participants so enthusiastic–that more copyright   concepts are “clicking.” Thanks Lesley!! Much of that is due to your style–conversational, participatory, pulling from TODAY’S NEWS, practical,  combining “the law” and “daily management.” - Barbara Ingrassia,
Lamar Soutter Library, University of Massachusetts Medical School

Information about copyright law has never been so plentiful, or so readily available. With so much information at your fingertips, you may wonder whether you should begin with primary or secondary sources if you want a general education on copyright law or are searching for a specific answer to a copyright question.

There are multiple routes you can take when researching copyright, each with its own advantages. If you begin with the copyright statute itself, you are starting at the most formal level and working your way out from there. You will have the law in its purest form, but it may be difficult to understand the reasoning behind the copyright act and its application and methodology.

Judicial opinions can offer summaries of case law and also interpret the Copyright Act as it applies to specific situations, but they may be too difficult to understand if you are not a lawyer – after all, they are written by legal minds for legal minds. The legislative history behind the provisions in the copyright act provides context for the rationale underlying certain provisions and language chosen by legislators. Secondary sources such as scholarly journals, articles and books explain the application of the law.

Click on the above link to read the entire article.

“While some countries such as the U.S. lack any provision in their copyright statutes for orphan works, and other countries such as the U.K. are contemplating how to include such a provision in their statute, Canada has had an Unlocatable Copyright Owners Provision in its Copyright Act since 1988.”

-Editorial by Lesley Ellen Harris

“The result of a review of the law and compilation of variables is simply what the document says—a checklist.  It is an organized list of elements to consider and that reflects how those variables have in fact appeared in court rulings, in the statute itself, and in other influential works (such as congressional reports).  The checklist tool is not mechanical and it is not a mysterious decision-making device.  It is first and foremost a tool intended to guide users through relevant variables and remind users that in a full and robust evaluation of fair use there might be additional points to consider before making a decision.”

-A Fresh Look at the Fair Use Checklist by Kenneth D. Crews

“On 3 December 2011 seven library and archive associations issued a press release stating their delight at the progress made on copyright limitations and exceptions (L & Es) at the twenty-third meeting of the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO). While this press release marked the conclusion of eleven days of SCCR deliberations in Geneva, it arose from years of preparatory work by library and archive associations and activists, and signaled the continuation of a process to gain a consensus on the first treaty on L & Es for libraries and archives.”

-Libraries and Archives at SCCR 23 by Paul Whitney

“The third category of UGC, user-derived content, is by far the most complicated.  It forces us to answer some of the hardest questions a copyright lawyer might face.  Let us first define the concept.  User-derived content is content that was created using parts of one or more pre-existing protected works that are then transformed, adapted, or recast in some way.  Three questions must then be answered.  First, where is the border between copying and derivation?  Second, where is the border between derivation and inspiration?  Third, should certain forms of derivation be authorized as fair even if they infringe copyright?”

-Derivative Works, User-Generated Content, and (Messy) Copyright Rules by Daniel Gervais

Volume 2012, Issue 1, Table of Contents, The Copyright & New Media Law Newsletter.

“Once the preserve of specialists, copyright has become a mainstream issue, and understanding how it works is an increasingly necessary life skill. In the online world, consumers come face to face with copyright law, but many remain confused and unsure about what they may or may not legally do. The growing number of law schools that offer courses on intellectual property (IP) are helping to fill gaps in copyright knowledge, but there is still a great deal to be done to bring the public up to speed on copyright issues.

With widely available technologies that make it easy to download and copy creative content, and amid escalating rates of online piracy, there is growing interest in copyright education. This means teaching consumers of creative content about the full implications of illegal copying as well as how to avoid infringing creators’ rights and interests. It is about underlining the fact that although the way we listen to music, watch movies and read books has changed dramatically, the time, effort and skill involved in producing creative content remains more or less unchanged. Copyright education offers a steady and sure means of building understanding and respect for creators’ rights.”

See full article published in WIPO Magazine, April 2012.

Copyright is one of the five traditional areas of intellectual property (IP) law, which includes patents, trademarks, industrial designs, and confidential information/trade secrets.  Each type of IP protects a different kind of creation or a different aspect of a creation, and each type provides its own special set of rules of protection.

Copyright law protects many different elements in the cultural, information, content, and technology industries.  Using more statutory language, copyright protects literary, artistic, dramatic, and musical works, as well as sound recordings, videos, and films.  It protects such diverse things as interoffice memorandums, print and e-books, images, translations, website content, sculptures, and films.  However, it does not protect ideas; it protects only the embodiments of these ideas.

In at least 165 countries around the world, including Canada and the U.S., copyright protection is automatic upon the creation of a work (i.e., once the work is in some sort of tangible form):  this means that no registration or deposit with a government copyright office is required in order to have copyright protection.  There are, however, voluntary government registration systems where copyright owners can register their works thereby gaining entitlement to certain benefits, especially in cases of copyright infringements of their works.  Similarly, the use of the copyright symbol is not mandatory in many countries, yet using the symbol — © — is always a good reminder to the public that copyright exists in a work.

The duration of copyright is determined by the copyright statute in each country.  For example, in Canada the general duration of copyright is life-plus-fifty (it lasts for fifty years after the author’s death); in the U.S. it is life-plus-seventy.  Specific works and circumstances may result in deviations from these general rules of copyright duration.  Once copyright in a work has expired, that work is said to be in the public domain.

Generally, the first owner of copyright in a work is its author. An author is usually the person who first fixes a work or puts it in a tangible form, such as in writing, saved digitally, or recorded.

Copyright protection gives authors exclusive use of their works and protects the paternity and integrity (i.e., the moral rights) of the author.  Neighboring rights protect the rights of performers (for example, actors and musicians), record producers, and broadcasters.  Neighboring rights are rights akin to copyright, but they are distinct from copyright.

The owner of the copyright in a work may license (give temporary permission) or assign (give permanent permission) to others the right to use or own that copyright-protected work.  When granting permission, the copyright owner may grant the full bundle of rights that comprise the work’s copyright or he may grant permission for only some of the rights. The fee for the use of a copyright-protected work and the nature of the rights that are granted are usually matters to be negotiated between the copyright owner and user of the right(s).

Copyright law provides for certain instances in which the consumer (i.e., user) of the copyright-protected work does not have to obtain permission or pay for that use.  Many copyright statutes contain specific exceptions for certain personal uses, limited educational uses, and some library and archives uses (the latter often for purposes of preservation and interlibrary loan).  In addition, the U.S. Copyright Act has a fair use provision, and the copyright laws of many Commonwealth countries have a fair dealing provision—these are defenses in the law for usages of copyright-protected works that would otherwise be considered infringements of copyrights.

There is no one international copyright law.  Each country has its own copyright laws.  However, based on what is known as the principle of national treatment, and through the mechanism of copyright treaties, the citizens of many countries throughout the world are afforded copyright protection in countries other than their own. For example, each one of the 146 countries belonging to the Berne Convention (the leading international copyright treaty) automatically provides citizens from other member countries with, at a minimum, the same copyright protections it provides for its own citizens.

Copyright law is a complicated area.  This information sets out copyright law basics in a very general and broad manner.  Refer to the copyright laws in your country to obtain specific information on how copyright operates in your country.

Learn more about copyright.

1. Watch WIPO Director Francis Gurry on Visionary Innovators
2. Participate in IP Day activities wherever you live. Worldwide list of IP activities. (Check Washington DC and see Copyrightlaws.com listed there!)
3. Read April issue of WIPO Magazine including the article: Understanding Copyright – A Life Skill
4. Comment below and share what you are doing on IP Day.

Students’ login.

Course deals with copyright and contracts, treatment of specific digital issues such as social networking, online distance education, cloud storage, digital archives, digital libraries, digital projects and more.  Course will provide plain English info on digital copyright issues, discuss the management of digital content and terms and conditions in a digital license agreement. Further information on course.