Georgia Harper, scholarly communications advisor for the University of Texas Libraries in Austin, discusses copyright law in the United States and Guatemala and the significance of digitizing published works for the preservation of history and culture. She explains that current copyright laws have limitations regarding works with unclear property status only allowing digitization in cases of works in the public domain. Throughout her presentation Harper offers several recommendations for reducing legal risks when using orphan works.
Georgia Harper
Georgia Harper is the scholarly communications advisor for the University of Texas Libraries. She was senior attorney and manager of the intellectual property section of the Office of General Counsel for the University of Texas System. She holds a BS in elementary education and a JD from the University of Texas at Austin, earning both degrees with honors. She has conducted several workshops and seminars on copyright issues and has been an advisor to the Council on Library and Information Resources.
Copyright Law and Mass Digitization Georgia Harper
Student Center Building, CE-200
Universidad Francisco Marroquín
Guatemala, October 21, 2008
A New Media - UFM. Production. Guatemala, October 2008 Camera: Manuel Alvarez, Jorge Samayoa; digital editing: Alexander Arauz; index and synopsis: Christiaan Ketelaar; content revisers: Daphne Ortiz, Rebeca Zuñiga; publication: Mario Pivaral / Carlos Petz
Slides
Content
Initial credits
Overview
Purpose of libraries and archives
Potential of digitization
Copyright web resources
Legal difficulties of digitization
Copyright law
Digitization project extension
Changes in practice
Decision tree for digitization
Public domain
Life of the author
Corporate works
Inherited copyrights
Government publications
Foreign works
Adherence to the Berne Convention for the Protection of Literary and Artistic Works
Implications for works from the United States
Public domain images
Different copyright laws among countries
Copyright ownership
Initial ownership
Transferred copyrights
Reversion clauses for out of print
Deeds of gift
Donor copyright form
Revision of donor form
When to think about getting permission
Guatemalan copyright law limitations
Limitations on author rights
No authority for public digital distribution of digital copies
Article 68 of the
Ley de Derecho de Autor y Derechos Conexos
Reproduction authorization
Libraries' rights
Collaborative effort to identify orphan works
Dealing with unclear rights
Risk assessment
Orphan works protection legislation
Copyright notice
Copyright statement, University of California
Shouldn't copyright laws be different for libraries?
Illegality of making additional copies during the digitization process
Could a library win a case if it demonstrated a reasonable search for the owner of copyrighted material?
Are you aware of any such cases?
Where can lawsuits for copyright violation be brought?
Library of Congress publication of images online
The Getty Museum's policy on orphan works
Collaboration on the evidence base
Purpose of reasonable search
Elements of risk assessment
Building evidence base with commercial entities
Routine for identifying works in the public domain
Documentation of legal requirements for different countries
Documentation of factual information sources
Documentation of results
Publicly display findings
Summary
Changes in business environment
Transition period
Legal risk assessment
Considerations for decision makers
Opportunity cost of digitization
Final credits
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Universidad Francisco Marroquín
6 Calle final, zona 10
Edificio de la Escuela de Negocios
Oficina EN-103
Guatemala, Guatemala 01010
Teléfono (+502) 2338-7700 ext. 7849
Slides
