Copyright Extended

Except where otherwise noted, this presentation is licensed under a Creative Commons Attribution 4.0Licence,

photos Trish Hepworth, presentation ALCC

Copyright – a property right that protects expression

Separate from moral rights

Copyright is Automatic, it just needs to be:

• form of expression of information;• in material form;• created by an author(s); and• original

Works Subject Matter other than works

• Literary• Dramatic• Artistic• Musical

FilmsFilms, animationscomputer games

Sound recordingsAny recording of sound

Radio & TV broadcasts

Published editionsLayout, typesetting

• Reproduce: copying of a work in any format, including electronic

• Publication: right to make the work public for the first time

• Public performance and communication: including electronic communications

• Adaptation: i.e. translations, TV series

Duration of copyright

70 years after death

Film and sound recordings –Depends on which rights! 1955, 1955-1968, 1968+

Television and sound broadcast – 50 years from end of year in which broadcast made

Photographs – generally, 70 years after the end of the year of author’s death

Orphan works? ...unpublished works?

toa267

licence

exceptions

permission

insubstantial

public domain

Public domain image

(1) Private copying(2) Fair dealing(3) Crown Copying s 183 (NOT FREE)(4) Educational Licenses (NOT FREE)(5) Library and archive exceptions(6) Flexible dealing

Exceptions

Exceptions – Flexible Dealing (s200AB)

www.libcopyright.org.au

Exceptions – Flexible Dealing (s200AB)

A. Is the use allowed under another section of the Copyright Act? Fair dealing, library and archival copying, statutory licence, consumer exceptions, section 183

B. For the purposes of “maintaining or operating” the library or archives? Or for “educational instruction”?

C. Does the use meet the requirements of s200AB? The use must:

• Not conflict with normal exploitation of the work;

• Not unreasonably prejudice the copyright holder; and

• Be a special case.

What’s left outside exceptions?• Cloud computing• Data and text mining• Social media use of content• Digitisation (outside of section

200AB)• Uses involving digital locks

with no corresponding Schedule 10A exception

• Indexing and caching• Digital content licensing• Web 3.0? ‘Push’ data?

Locating the copyright holder

Before turning to the three step test under s200AB, you need to demonstrate you’ve taken reasonable steps to contact the copyright holder:

• Nature of the work – commercial or non-commercial• Age of the work• Published or unpublished work• Potential concerns of the creator – deceased, alive, interests of the

estate• Extent of the planned use• Reasonable enquiries of others• Common sense

AND THEN BE POLITE AND ENGAGE!

Orphan Works

Allan Stomann, creator unknown, courtesy Swinburne Image Bank, Swinburne University of Technology http://images.swinburne.edu.au/handle/1111.1/3343

Reproducing orphan works ‘in good faith’.

Swinburne University Orphan Works statement:

‘The University is continuing to endeavour to trace the copyright owner(s) and in the meantime this item has been reproduced here in good faith. We would be pleased to hear from copyright owner(s).’

Managing digital content licences

• Consortial purchasing – Electronic Resources Australia, CAUL/CEIRC

• Individual subscriptions• Terms of use, prohibited/restricted uses

Example 2, licence terms of use:

“(a) You, subject to clause 4 below, may:(i) Allow Authorised Users to have access to the Work from the Publisher's Server via the Secure Network;(ii) Access, search and view the Work for the purpose of internal marketing or testing or for training Authorised Users or groups of Authorised Users.

(b) Authorised Users may, subject to clause 4 below:(i) Access, search and view the Work for personal use only;(ii) copy and paste one chapter of each title in the collection in question, or up to 5% of the pages from the total collection, whichever is the greater, for personal use only, during any given four-week period, unless otherwise stated in a collection;(iii) make printed copies of one chapter or up to 20% of the pages from the totalcollection, whichever is greater, for personal use, during any given four-week period, unless otherwise stated in a collection.

(c) Nothing in this Agreement shall in any way exclude, modify or affect any of Yourstatutory rights under applicable copyright law.”

Other digital challenges•Accessing withdrawn/retracted works•Contract overriding copyright exceptions•Mass digitisation•Collecting digital-borne material

Acquisition/deposit agreements

• Seeking permissions

• Develop a template for permitted uses of copyright materials

• i.e. Series of tick boxes for the copyright holder listing permitted uses of material: publication online, use in catalogue, marketing materials, etc

What is the Risk of Breaching Copyright?

What is the Risk of being sued?

What are the possible outcomes?

What risk reduction strategies can you put in place?

What is the Risk of Breaching Copyright?

What is the Risk of being sued?

What are the possible outcomes?

What risk reduction strategies can you put in place?

What is the Risk of Breaching Copyright?

What is the Risk of being sued?

What are the possible outcomes?

What risk reduction strategies can you put in place?

What is the Risk of Breaching Copyright?

What is the Risk of being sued?

What are the possible outcomes?

What risk reduction strategies can you put in place?

RememberMoral Rights

Is Copyright Broken?

The Australian copyright reform agenda

• Fair Use•Reform of Statutory Licences• Orphan works• Preservation Copying• Document Supply

Is the use fair?

(a) research or study;

(b) criticism or review;

(c) parody or satire;

(d) reporting news;

(e) professional advice;

(f) quotation;

(g) non-commercial private use;

(h) incidental or technical use;

(i) library or archive use;

(j) education; and

(k) access for people with disability.

(a) the purpose and character of the use;(b) the nature of the copyright material used;(c) in a case where part only of the copyright material is used—the amount and substantiality of the part used, considered in relation to the whole of the copyright material; and(d) the effect of the use upon the potential market for, or value of, the copyright material.

Public domain image, author unknown

• What are you doing? • What are you using? • How much are you using? • What about the copyright holder?

Orphan works

The Copyright Act should be amended to clarify that the

statutory licences in pts VA, VB and VII div 2 do not apply to a

use of copyright material which, because of another

provision of the Act, would not infringe copyright. This

means that governments, educational institutions and

institutions assisting people with disability, will be able to

rely on unremunerated exceptions, including fair use or the

new fair dealing exception, to the extent that they apply.

lost or stolen--for the purpose of replacing the work

if the officer is satisfied that a copy (not being a

second-hand copy) of another edition of the work

"photograph" includes photo-lithograph and

a work produced by a process similar to photography.

3 photographic reproductions of the work

Preservation copying

Document Supply and Inter-library loan

Voluntary/negotiated licences Fair UseIndustry Codes of ConductCopyright andContract

TPMs

Safe Harbours

Internet Piracy

WIPO Treaty for Libraries

and Archives

Image – Mimi & Eunice http://mimiandeunice.com/2011/05/23/copyri

ght-reform/