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Technology Fair OWHL Services and Copyright Michael Blake and Elisabeth Tully June 13, 2006
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Technology Fair
OWHL Services and Copyright
Michael Blake and Elisabeth TullyJune 13, 2006
Today’s Agenda
Services
Databases
Copyright
Services to the PA Community
Support recreational reading, viewing and listening
Support graduate education and research
Provides new materials in your discipline
Provide electronic course reserves
Build pathfinders in support of your discipline
Build course guides in support of your course
We collect recreational materials and offer special programs because you can’t work ALL of the time.
New Fiction and New Non-Fiction
The OWHL selects, organizes and makes readily accessible a wealth of materials in support of continuous learning, graduate education, scholarship and discovery.
A to Z list Discipline list
We welcome your suggestions for materials purchases.
And if we don’t have what you need, we can get it for you!
The Library maintains a 24/7 virtual environment with efficient remote access to a multitude of electronic resources.
The OWHL provides customized individual instruction and support for classes.
Pathfinders
Course guides
The OWHL provides access to information tools
The OWHL provides answers to your copyright questions
US Copyright Law
“The Congress shall have the power to promote the progress of science and useful arts by securing for limited times to authors and inventors exclusive right to their respective writings and discoveries.”
US Constitution, Article 1, Section 8
What can be protected?
Literary works
Musical works and accompanying score
Dramatic works and accompanying music
Pantomimes and choreography
Architectural worksPictorial, graphic, and sculptural works,Motion pictures and other audiovisual worksSound recordings
Section 102 of the 1976 Copyright Law
What rights are granted?
Reproduction Creation of derivative works Distribution of copies Performance rights Public display Digital audio transmission
What are the requirements?
Copyright doesn’t protect ideas, it protects expressions. The expressions must be:OriginalFixed in a tangible medium
Copyright notification is NOT required.
The Process at Phillips Academy
Commitment to complianceCopyright Web SiteCommunity educationUse of Electronic Form for materials
submissions
Steps in the Process
Public Domain
FAIR USE
LICENSURE
PERMISSION
Determine if the material is in the public domain
Determine whether the use is Fair Use
Determine whether the OWHL licensesthe content
If NONE of the above apply, request permission from CCC
What is the “Public Domain?”
The public domain is information, knowledge, discoveries, and artistic creations never, or nor longer protected by copyright.
Public Domain Chart
Project Gutenburg
In general, works are in the Public Domain if they were published before 1923.
Fair Use
The most important limitation on the rights of a copyright holder. It permits use of works for teaching, learning, and scholarship.
Problem: There is no specific answer to the question “Is this a fair use?”
CONFU (Draft) Guidelines
The Conference on Fair Use (1994-1998) was an attempt to develop guidelines for the emerging digital environment.
Consensus among the members of the user communities and the content communities could never be achieved.
Factors determining Fair UseSection 107
1. The purpose and character of the use, including whether the use is for commercial or non-profit 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 on the potential market for or value of the copyrighted work
FAIR USE CHECKLIST
Is Licensure available?
Serials SolutionsA to Z List
If all else fails…
We need to request permission: Copyright Clearance Center
What happens next?
Once the copyright issues have been resolved, the materials have to be delivered to the students.
Electronic Reserves
Content delivered through the course management system (Blackboard)
Managed by Librarians
The Library staff is here to serve YOU.
The OWHL staff is made up of dedicated, knowledgeable, and talented librarians who are committed to providing competent and personal attention to the best customers in the world…YOU.
Any questions?
