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Copyright Challenges in a Web 2.0 World and Virtual World

October 19, 2009

Copyright Challenges in a Web 2.0 World and Virtual World
Stephen Marvin, West Chester University

Importance of copyright –
-educator issues: photocopies, websites, distance learning
-research interests: publishing, repositories, storage
-library and research issues: ILL, reserves, access and learning
-are you the author? faculty are!
-unpublished / published
-orphan works

Benefits of copyright
Rights to the author
Is your work considered ‘work for hire’?

Librarians are naturals to be ‘go to’ expert on copyright on their campuses.

Fair Use Exemptions – must have all 4 – PANE acronym:
P – Purpose – education vs. corporate
A – Amount – ‘reasonable’
N – Nature – fictional, unpublished, nonfiction
E – Effect – impact on profitability

Courts look at other factors:
-fixation (a fixed, tangible medium)
-AND effect on market

Ken Crews wants librarians to ‘push’ the envelope on copyright
Expand fair use! Think in terms of blogs, Flickr, YouTube, etc.

Classical fair use – ‘appropriation’ art
Personal fair use – home recording of t.v. shows
Personal productive use – combines the categories of classical and personal uses into a new category of home users

Criticism, parody, sarcasm – Moral Rights are not recognized in this country but are in other countries, particularly European ones

Examples of some cases where ‘transformative’ use is being questioned
Shepard Fairey – Los Angeles street artist, who used someone else’s original photo to create a poster of President Obama labelled ‘hope’ – AP is prosecuting him

Joy Garnett and Susan Meiselas (look for Harper article)

Steven Vander Ark vs. J. K. Rowling (fined the minimum however; Johnathan Band wrote article, “How Fair Use Prevailed in the Harry Potter Case”)

DMCA lets you submit a DMCA counter-notification (if you get a ‘takedown’ notice)

Do you need institutional guidelines? Yes, but don’t make them too ‘prescriptive’.

Librarians should be teaching students about copyright. Why? Plagiarism involves infringing others’ copyright.

-Problems with social networking: giving double messages ‘Copyright’ vs. sharing links..
-Books and Google – Books Rights Registry
-Email management systems – many have a problem with people posting emails asking for full-text articles via this medium; ILL
-Instructional media – can you convert VHS > DVD – only if use within the library
-Images – should not be permanent

There are some librarians who blog about copyright, such as Bobby Newman – “how to attribute a creative commons license…” blog post (look up)

He encouraged us to consider using more social network tools to have users interact with our resources, like Flickr for digital archive images. Encourage our users to ‘mash’ our data: how to do mashups; check out

One Comment leave one →
  1. December 11, 2009 7:59 pm

    Would be nice to have something about what campuses CAN do to not have to worry about affect of copyright by using Open Source.

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