For Librarians: Fair Use, Licensing & Digitizing
- snydergreta
- May 14, 2018
- 3 min read
Updated: May 15, 2018
Collection of resources for librarians, archivists, and digital collectors.
See Title 17 US Code § 108 - Limitations on Exclusive Rights: Reproductions for Libraries and Archives. This provides a breakdown of non-infringement limitations of copyright for library or archives can copy/reproduce or distribute.
Use the Section 108 Spinner. This is a quick, visual tool to guide determination of reproduction by Libraries or Archives for the Users, for Replacement, or for Preservation.
In response to confusion about TEACH and ongoing uncertainty regarding e-reserves, the following document - endorsed by multiple Library associations discusses best practices for how institutions are applying fair use in the development of electronic reserves systems.
Use the ARL Best Practices in Fair Use.
Helps guide librarians through the process of evaluating fair use in academic and research libraries from the Association of Research Libraries.
Look at IFLA Copyright Limitations.
Global overview of copyright limitations and exceptions for libraries & archives.
Check out CopyTalk Webinars
ALA series of webinars on specific copyright topics that include orphan works, mass digitization, international copyright developments, pending and recent copyright court cases, the copyright implications of new technologies, and more.
ALA blog regarding copyright to stay up to date with latest news.
"Welcome to Know Your Copy Rights…a Web site for librarians who are developing positive educational programs for academic users of copyrighted materials in US not-for-profit institutions."
Role Libraries play in copyright - an ALA look at why Librarians care about Intellectual Property and Copyright Laws.
Licensing / Special Circumstances
Consider the 4-Factors for determining Fair Use
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
If the four factor determination indicates it doesn't qualify for Fair Use? It could still be very affordable and available. Use the Copyright Clearance Center to get price quotes, referrals to rights owners, and for obtaining copyright permissions to use protected materials can be obtained.
From ARL, defines Orphan Works as books subject to copyright but who’s copyright holders cannot be identified or contacted and provides best practice insights to help address this interest for making these works accessible.
This American Association of Law Libraries provide a Code of Best Practices provides guidance to both librarians and vendors engaged in the licensing process.
Overview of common Challenges to Licensing from the California Digital Library.
Digitization Efforts and Digital Acquisitions
This report from the Council on Library and Information Resources surveys the primary issues and concerns related to born-digital acquisitions and is intended for a broad audience including donors, dealers, and repository staff.
Outlines potential copyright infringement risk factors and how to manage these risks in digitization projects.
Use the Risk Management Calculator.
Helps user understand the types of factors and variables that might determine specific levels of risk in digitization projects.
A breakdown of FAQs addressing the question of if a work can go online.
A compilation of even more resources from the NEDCC.
Use these digitization project flowcharts for guidance (from Hirtle, P., Hudson, E., and Kenyon, A. (2009). Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museum. Ithaca, NY: Cornell University.) Download book here.
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