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Web Pages, Digitization Projects by Libraries and Legal Issues

• Australia (National Library) Intellectual Property Rights Management
• Canada Copyright Amendment to allow library digitization
• Netherlands/Europe. Networked European Deposit Library - doesn't focus on legal issues, but a good first stop site for digitization projects internationally, including " links " page to deposit library projects in Australia, Canada, Finland, Germany, Netherlands, Sweden, UK
• United Kingdom. Dr. Catherine Seville and Mr. Ellis Weinberger, Intellectual Property Rights lessons from the CEDARS project for Digital Preservation        December 2000

United States and International

• David Bearman, Intellectual Property Conservancies D-Lib Magazine December 2000
• Henry M. Gladney, IBM Research,
  • Digital Intellectual Property: Controversial and International Aspects November 2000
  • Digital Preservation Archiving and Copyright: Problem Description and Legislative Proposal (version 2) August 2000 Proposes changes to U.S. Copyright law to allow for bona fide preservation archives:
    • "Notwithstanding other provisions of U.S.C. Title 17, copying and distribution of digital works for creation of bona fide preservation archives shall not be deemed infringing.  An archive, research library, museum, or historical institute which exercises prudent care to discourage infringements shall not be liable as a contributor to copyright infringements by patrons relative to its digital archive contents held for purposes of durable preservation.
    • Any publisher of digital or other content for which copyright protection is claimed and that requires a machine to read or use it must grant bona fide archives a perpetual licence and ready access to copy this material for preservation purposes and to make it accessible to patrons as otherwise provided for in 17 U.S.C. §107.  The publisher may limit this privilege to a few institutions that, considered together, provide prudent safety for the content,  given the possibility of future natural and man-made disasters, and need not grant the privilege for a work until the third anniversary of its publication."

• Jean Heilig, Legal Issues to Consider When Digitizing Collections for the Colorado Digitization Project 1999
• Brett I. Miller, Morgan, Lewis and Bockius, LLP, Recent Lessons from the Courts: The Changing Landscape of Copyright in a Digital Age , RLG DigiNews, April 15, 2000, discusses the The Bridgeman Art Library v. Corel and Kelly v. Arriba cases that deal with the copyrightability of digital images

• Mary Minow
  • Borrowing Graphics or Text for Library Web Pages: Fair Game, Fair Play and Fair Use - Infopeople webcast held April 18, 2002 - free archived version (must register) After registering and choosing a media player, user may jump to sections in the presentation index: Overview and Flow Chart, Public Domain, Fair Use, Risk Evaluation, Permission, Q &A
  • Copyright: What You Need to Know about Your Library's Web Page   LLRX  March 2000 and easier to print pdf file from Univ of Mich.
  • Digitization Projects: Does Your Library Have the Rights and Permissions it Needs? Infopeople webcast held May 16, 2002 - free archived version (must register) After registering and choosing a media player, user may jump to sections in the presentation index: Introduction and Overview, Public Domain Expiration- Published Works, Public Domain Expiration - Unpublished Works, - Section 108 Library Exemption Overview, Section 108 Library Exemption 20 Year Rule, Section 108 Library Exemption - Preservation, Replacement, Security, Fair Use and Salamis, Permissions Good Faith Efforts and Disclaimers, Pickle Jars and Other Restrictions, Summary
  • Does Your Library's Web Page Violate the Americans with Disabilities Act? April 1999 see also Disability Law
  • Library Digitization Projects and Copyright June 28, 2002 LLRX.com
  • Library Digitization Projects: Copyrighted Works That Have Passed Into the Public Domain ..
  • Say Cheese! Putting Pictures of People on the Library's Web Page - Infopeople webcast held October  2002 - free archived version (must register) After registering and choosing a media player, user may jump to sections in the presentation index: Introduction, Copyright and Photographs, Taking People Pictures - Intrusion and Fourth Amendment, Taking People Pictures - Children and Employees, Posting People Pictures on the Web- Privacy, Right of Publicity, Ethics and Model Release Forms, Summary

• National Research Council, The Digital Dilemma: Intellectual Property in the Information Age 2000
• Melissa Smith Levine, Legal Advisor, National Digital Library Project, Library of Congress Overview of Legal Issues for Digitization   in Handbook for Digital Projects: A Management Tool for Preservation and Access , ed. by Maxine Sitts 2000 Excellent overview that considers not only copyright issues, but also rights of publicity, privacy, defamation, obscenity, linking and other concerns

SEE ALSO Copyright and Libraries and Disability Laws and Libraries

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