Be sure to read the contracts carefully because you could be giving away the whole bundle. Ask for what you want in your contracts. Do you want to retain the right to present your work? To give it away to your students?
Statements of facts are not copyrightable: The white pages can be lifted wholly and used completely. Feist V. Rural
Most have a spark of creativity to be copyrightable.
Most to least copyrightable according to Feist v. Rural
Index
TOC
Bibliography
Cataloging record
Index - can be very creative, may use works that are not even in the book. Need to interpret how the user will want to use it. No creativity if it is machine written.
TOC - not the top
Bibliography - there should not be any creativity in a good bib
Cataloging record - the LOC subject headings are created by LOC so the 650s may be a public domain
Basic recipes are not copyrightable
But the creative description is: “Heat until the chicken becomes the color of the subset in southern italy” now it is copyrightable
Grouping and organization is. Grouping ingredient list into categories. “Dairy: Veg: Proteins:”
Computer programming is covered as a literary work: C++ is a language.
Authorship - coauthors
Joint authors all own it together
A joint work each author owns their piece of it
Work for hire - the employer owns the work
Ex: three students created a game together with the intent of giving it away for free to teachers, then one of them sold it to MB. Each of the students own 100% of the rights. The only way of getting reparations is to sue the one who sold it. From MB POV they got a legit transfer from a 100% owner.
Ex. If all three siblings have received full ownership of their parents documents and the Museum wants to accept a donation from three siblings, they only need one of the kids to donate. But if the will says the kids get 50/50 then they will need both
Work for hire:
Your employment contract should state the employers IP policy. May be an exception for staff vs. faculty
If it isn’t written down these factors come into play in determining if it is a work for hire.
Section 108 Exceptions to Copyright for libraries and archives but NOT to museums
107-110 all have exceptions for libraries and archives
3 part test to be defined as a library according to 108:
No direct or indirect commercial advantage
Must be open to public or outside researchers in some way
Must include a notice that the copy doesn’t give you ownership of the copyright
Unpublished works:
Can make three preservation copies
Solely for preservation or security or deposit at another institution; owned by the institution making the copy; digital copies may not be made available offsite (how is offsite defined?) Logged into VPN = onsite?? Behind a library card holder login??
Published common works:
Preservation copy: lost, stollen, destroyed, deteriorating, obsolete format, AND unused replacement can not be reasonably obtained at a fair price
Can fill a 108c request from another library
Define obsolete format - if the machine or device needed to perceive the information is no longer manufactured or no longer reasonably available commercially.
We CAN digitize magnetic tape as it is all deteriorating
108f states that the library is not liable for the unsupervised use of copies and scanners (as long as they have a notice on them)...the liability is transferred to the user.
108e We can make copies for private use. Must become the property of the owner (library can’t keep it!), private use, must display a copyright notice for the end user
If it is out of print and cant be found for a reasonable price an entire work can be copied and delivered to a user
108h allows for the digitization and distribution to anyone for full texts for materials in their last 20 years of copyright
108g ILL isolated single copies so that it does not replace subscriptions. No systemic copies sent on the reg
CONTU - consortium of publishers, only 5 requests for a book per year per book. This is already built into most of the ILL software. It is NOT a law, it is guidelines from congress so it has some weight but it can be ignored as long as 108 is followed.
Can I digitize it?
Public Domain
108
Fair Use
Permission
