0.9 Digitization projects and copyright  (Page 4/5)

In the United States, no such registry has ever existed. Even the Library of Congress and the WorldCat databases do not provide a complete listing of books published in the U.S., and the records available often do not include the rights holder for the books. Such a registry would save hundreds of research hours, not just for copyright permissions but also for research contacts and other needs.

• Conclusion

So what about Eric’s “Classic Race Car” project? Eric is “in the clear” for pictures and documents that he owns, or that he receives permission to scan from the rights holder. Photographs that he takes in public events are his to post, whether or not he gets the permission of the car owner. (It’s polite, but not absolutely required at a public event). If he copies an archived photograph, he should get permission to distribute as well as permission to copy. Copyright rights are separate; getting one right (to copy) does not imply receiving others (to display or distribute) as well. Borrowing pictures from another online collection should be done only with permission; otherwise, Eric should link to these collections. Advertisements from old newspapers and magazines are commonly not under copyright, but the terms of the database license are more important than basic copyright law. Eric will need to see if the database provides its terms online, and if not, check with a librarian to see whether his use of them is permitted. (If not, an area library may have some older magazines on microfilm, from which Eric could make his own copies). And finally, Eric’s own interviews with car owners are his to post.

There are many ways a hobbyist’s online collection can grow. A copyright infringement lawsuit, even if settled quickly, can be expensive enough to stop all collecting for the foreseeable future. It’s most prudent to take the steps to remove potentially infringing material before a lawsuit is filed.

Glossary

Good faith: honesty or lawfulness of purpose (Merriam Websters Dictionary.com)

Disclaimer: a denial or disavowal of legal claim: relinquishment of or formal refusal to accept an interest or estate (Merriam Websters Dictionary.com)

Scenarios:

Scenario 1: Midlands Public Library would like to scan and display its collection of news articles and memorabilia relating to the town’s annual horse show, which is unique for including a wide range of events for all riding styles and activities. The show initially began in 1936, stopped during WWII, and has been taking place annually ever since. The library has news clippings, show programs, a few ribbons, and lots of photographs. Given what you know about copyright and digitization, rate the following items according to the amount of legal risk the library would be taking to scan and display them. Rate 1 for low risk, 5 for highest risk. Be prepared to explain your assessment.

1. News clipping from local paper announcing the first show. 1 2 3 4 5
2. News clipping from 1958, listing winners for that year’s show. 1 2 3 4 5
3. Photograph of a horse and rider barrel racing, black&white, no name or year listed. 1 2 3 4 5
4. Photograph of a young woman accepting a prize ribbon. On the back is given the name of a current judge of the horse show. 1 2 3 4 5
5. Show programs from 1960 (their first year) to present. 1 2 3 4 5
6. Photograph of a man and a fine horse, in color, but no information available. However, the man looks very much like a city council member who has voted against the library budget. 1 2 3 4 5
7. Hundreds more such items are in the archive. Could you come up with guidelines that you think would work for this digitization project?