Copyright Questions and Answers for Information Professionals

Description

Copyright law is a critical issue for authors, librarians, publishers, and information vendors. It is also a complex area, with many shades of gray. Librarians continually need to seek answers to questions ranging from the reproduction of copyrighted works for library users, through the performance of audiovisual works, to the digitization and display of protected works on library websites. This book presents updated versions of the author's copyright columns published in Against the Grain, the leading journal in acquisitions librarianship since the late 1990s. It is the first volume in the series Charleston Insights in Library, Archival, and Information Sciences. The aim of the Charleston Insights series is to focus on important topics in library and information science, presenting the issues in a relatively jargon-free way that is accessible to all types of information professionals, including librarians, publishers, and vendors, and this goal shapes the pragmatic and accessible tone of the book. The volume is presented in question-and-answer format. The questions are real, submitted by librarians, educators, and other information professionals who have attended the author's copyright law workshops and presentations or submitted them to her by e-mail or telephone. The author has selected the questions and answers that have general applicability. She has then arranged them into logical chapters, each prefaced by a short introduction to the topic. Because it is written in an accessible and clear style, readers may want to review the entire work or they can just access particular chapters or even specific questions as they need them. The volume includes an index to facilitate reference use.
Foreword

Preface

Chapter 1: Copyright Basics

Chapter 2: Copies for Users

Chapter 3: Library Reserves

Chapter 4: Permissions and Licensing

Chapter 5: Performance and Display: Libraries and Other Organizations

Chapter 6: Performance and Display: Nonprofit Educational Institutions

Chapter 7: Audiovisual Works, Sound Recordings, and Software

Chapter 8: Photographs and Graphics

Chapter 9: The Internet and the Web

Chapter 10: Interlibrary Loan and Document Delivery

Chapter 11: Preservation and Archiving

Chapter 12: Digitization

Chapter 13: Miscellaneous Issues

Epilogue: Emerging Challenges in Copyright

Appendix: When U.S. Works Pass into the Public Domain

Index

Sujets

• Droit et juridique
• Intellectual Property
• Law
• Copyright

Informations

• Publié par: Purdue University Press
• Date de parution: 15 décembre 2012
• Nombre de lectures: 0
• EAN13: 9781612492544
• Langue: English

Extrait

Copyright Questions and Answers for Information Professionals
From the Columns of Against the Grain
“Lolly Gasaway is an expert in the field of copyright law and practice and is widely known for her ability to explain the law in a way that is understandable to all. This book, with its 336 questions and Lolly’s accurate, comprehensive, and understandable answers, should be on every information professional’s desk.”
—Marybeth Peters, Register of Copyrights, 1994–2010
· · ·
“Lolly Gasaway is a pioneer in the field of copyright education for information professionals. Both her commitment to the profession and her extensive knowledge are reflected in this comprehensive and detailed book, which addresses a wide range of topics that will enable the reader to understand the practical application of copyright. Copyright Questions and Answers for Information Professionals is an invaluable resource, and I highly recommend it to anyone, from beginner to expert, who grapples with understanding and applying the complex law of copyright.”
—Donna L. Ferullo, Director, University Copyright Office, Purdue University
· · ·
“Lolly Gasaway’ s compilation of copyright questions and answers for information professionals is a unique and needed resource. Copyright questions abound, and information professionals often have similar, recurring questions. However, finding a single, organized resource that covers a variety of complex scenarios is difficult at best. Lolly’s very practical book solves this problem and will likely become a ‘go to’ reference book for many years. Copyright Questions and Answers for Information Professionals supports and enhances copyright literacy and fluency for information professionals.”
—Kimberly M. Bonner, Executive Director, Center for Intellectual Property, University of Maryland University College
“Few professionals can rival the depth of experience and seasoned perspective that Lolly Gasaway brings to the challenge of understanding copyright for libraries. Her Q&A style will inform, provoke, and at times even entertain readers who need to grasp the law’s practical implications.”
—Kenneth D. Crews, Director of the Copyright Advisory Office, Columbia University Libraries, and faculty member in the Columbia Law School
· · ·
“Lolly Gasaway’s pioneering columns on copyright and education provide an unparalleled view of the evolution of copyright in the late twentieth century and trace the growing influence of technology on that law through her always insightful and helpful responses to reader questions. The questions are invariably complex, but Lolly’s answers are inevitably accessible to all, not just copyright practitioners. This book provides a solid foundation for understanding the increasingly complex social conversations about copyright law in the twenty-first century.”
—Dwayne K. Buttler, Evelyn J. Schneider Endowed Chair for Scholarly Communication, University of Louisville
· · ·
“What a gift our copyright guru has given us in this treasure house, which contains hundreds of practical, complicated, and timely copyright scenarios. No longer must you face those twisted conundrums alone, with a colleague like Lolly an arm’s length away with exactly what you need, exactly when you need it. If you have anything to do with copyright on your campus and you don’t snap up this book, you need to get a new day job.”
—Peggy E. Hoon, Scholarly Communications Librarian, University of North Carolina, Charlotte
Copyright Questions and Answers for Information Professionals
From the Columns of Against the Grain
Laura N. Gasaway
PURDUE UNIVERSITY PRESS
West Lafayette, Indiana
Copyright 2013 by Laura N. Gasaway. All rights reserved.
Printed in the United States of America.
Library of Congress Cataloging-in-Publication Data
Gasaway, Laura N.
Copyright questions and answers for information professionals : from the columns of against the grain / Laura N. Gasaway.
    p. cm. -- (Charleston insights in library, archival, and information sciences)
Includes bibliographical references and index.
ISBN 978-1-55753-639-6 (pbk. : alk. paper) -- ISBN 978-1-61249-253-7 (epdf) -- ISBN 978-1-61249-254-4 (epub) 1. Fair use (Copyright)--United States. 2. Copyright--United States. 3. Photocopying--Fair use(Copyright)--United States. I. Title.
KF3030.1.G375 2013
346.7304’82--dc23
2012032276
Note to Readers
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate.
(Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.)
Contents
Foreword
Preface
Chapter 1
Copyright Basics
Chapter 2
Copies for Users
Chapter 3
Library Reserves
Chapter 4
Permissions and Licensing
Chapter 5
Performance and Display: Libraries and Other Organizations
Chapter 6
Performance and Display: Nonprofit Educational Institutions
Chapter 7
Audiovisual Works, Sound Recordings, and Software
Chapter 8
Photographs and Graphics
Chapter 9
The Internet and the Web
Chapter 10
Interlibrary Loan and Document Delivery
Chapter 11
Preservation and Archiving
Chapter 12
Digitization
Chapter 13
Miscellaneous Issues
Epilogue
Emerging Challenges in Copyright
Appendix
When U.S. Works Pass into the Public Domain
Index
Foreword
L aura N. “Lolly” Gasaway is the Paul B. Eaton Distinguished Professor of Law at UNC-Chapel Hill. Copyright is her métier, and she is nationally known. From 2005 to 2008 she was co-chair of an elite nineteen-person task force appointed by the U.S. Copyright Office and the Library of Congress to study section 108 of the Copyright Act and suggest needed changes.
I first encountered this amazing woman when I attended one of her famous “copyright for librarians” seminars. I came home with a spiral-bound book full of information about copyright and all kinds of books and articles to read. I also had Lolly’s handy chart, “When U.S. Works Pass into the Public Domain” ( http://www.unc.edu/~unclng/public-d.htm ), which she updates as needed. I still have that spiral-bound book filled with all sorts of useful notes.
It was several years later that my husband and I began Against the Grain (ATG) , the periodical which is an outgrowth of the Charleston Conferences. Bruce is a lawyer, but whenever I asked him a question related to copyright he would tell me to ask the real copyright expert, Lolly Gasaway. With all the new happenings in collection development and the emergence of the Internet, more and more questions kept coming up. So, why not ask Lolly to answer a few questions about copyright for ATG readers? She graciously agreed and she has never missed a column since she began writing one over fifteen years ago!
I remember the feeling of empowerment I had when people on or off the job would ask me a copyright question. As ATG editor, I would suggest they ask Lolly. A neighbor wanted to know if recipes were copyrightable. A faculty member wanted to know if a facsimile copy of an old work was still under copyright. What about a translation of an ancient work? What about copies of library materials made with a patron’s digital camera? Are e-mail messages protected by copyright? Is it infringement for a library to loan a Kindle with e-books on it? Can a U.S. academic institution allow access to its home institution’s materials for students in a study abroad program? Can a faculty member with a Netflix account show movies to students? Can we digitize old masters theses without permission from the author? Could we embed links on our websites? These are just a few of the hundreds of questions that Lolly answers in this essential volume.
For nearly two decades Lolly Gasaway has taken the time to answer queries of this nature in her column with untiring knowledge, dedication, energy, organization, and expertise. As Bruce and I looked at the growing body of information, we thought of the need for a book compilation. Again, Lolly graciously agreed. We are excited to offer Lolly’s book as the very first volume in the Purdue University Press Charleston Insights in Library, Archival, and Information Sciences series.
Katina Strauch
Editor, Against the Grain
Founder, Charleston Conference
Preface
F or almost 15 years I have authored the “Copyright Questions and Answers” column for Against the Grain (ATG) . It has been a labor of love, and I very much enjoy responding to the questions that librarians, publishers, teachers, and authors raise in my copyright law workshops, submit to me over the telephone, and in