One of the main components of our National Information Policy is copyright and intellectual property. The United States decided early on that this was an issue that they needed to address. Therefore, in 1787 it was written in Article I, Section 8, Clause 8 of the Constitution that, “Congress shall have power…To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” (Cornell University Law School, 2011).
The founding fathers thought that it was important that the time of the copyright be limited and the emphasis was on “promoting progress.” The Copyright Act of 1790 allowed for 14 years of copyright, with one renewal of an additional 14 years. Today, it is the life of the author plus 70 years. (Association of Research Libraries [ARL], 2011)
Where do librarians fit into this? Should we be defending the authors and publishers whose works we make available or should we side with the patrons who need to be able to work with the materials? The ALA states that “libraries are leaders in trying to maintain a balance of power between copyright holders and users, in keeping with the fundamental principles outlined in the Constitution and carefully crafted over the past 200 years.” (American Library Association [ALA], 2011)
Many libraries rely on Fair Use. Fair Use states that, with limits, you can make copies for “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” and not for profit, it is allowed. (Copyright Law of the US Government, 2011) It can be difficult to understand what falls under Fair Use. The tools listed under the resources section of this blog might be of use.
Section 108 is the section of Copyright Law that applies directly to libraries. It allows for copying of a section of a book or work or even the entire work under specific circumstances. (Copyright Law of the US Government, 2011) Here is a handy tool to help you understand when it is allowed to make copies:
http://librarycopyright.net/108spinner/
Questions and Examples:
Do you feel that copyright should skew in favor of creators or consumers? Do you think it is skewed now?
Should the offspring of creators continue to receive benefits?
Should a genealogist be allowed to reprint a 30 year old newspaper obituary about an ancestor?
Should someone be allowed to make a recorded copy of an item for a blind person?
Should a folk song be allowed to be sung by a group meeting in private?
Should artists be able to sing a cover of their favorite song in concert?
Obviously, I am not a lawyer or an expert on copyright law, so please do not take this blog as legal advice.
Additional Resources:
This is ALA’s page of links for copyright information.
http://www.ala.org/ala/issuesadvocacy/copyright/generalcopyright/index.cfm
This is ALA’s page entitled “Copyright 101 Educational Tools.” Included is information about Fair Use, Interlibrary Loan, international copyright and more.
http://www.ala.org/ala/issuesadvocacy/copyright/copyright101.cfm
Copyright Advisory Network, which is a blog sponsored by ALA, has up to date information on the state of Copyright.
http://librarycopyright.net/wordpress/
References:
American Library Association. (2011). Copyright. Retrieved November 9, 2011, from http://www.ala.org/ala/issuesadvocacy/copyright/index.cfm
Association of Research Libraries. (2011). Copyright Timeline: A History of Copyright in the United States. Retrieved November 9, 2011, from http://www.arl.org/pp/ppcopyright/copyresources/copytimeline.shtml
Copyright Law of the US Government. (2011). Limitations on Exclusive Rights: Fair Use. Retrieved November 9, 2011, from http://www.copyright.gov/title17/92chap1.html#107
Cornell University Law School. (2011). US Constitution. Retrieved November 9, 2011, from http://www.law.cornell.edu/constitution/articlei#section8
By Ardith Ohka
Information policy is a hot debate now. I didn’t realize how much of a debate this truly is until I started to pay attention to the e-book debate libraries have with major publishers. Information policy is only going to get hotter as new technology flourishes in the market.
ReplyDeleteI have always had the consumer’s interest in mind. I have always been anti-large-company and against those who care more about the dollar than the free flow of information and knowledge.
But, I read an article that explains just how complicated this issue is. It highlights that the consumer’s interest isn’t the only argument that must be heard. And, as future librarians, we should know that this is a complicated issue. Of course we side with the public and promote easy access, while still respecting the publisher and author's reasonable rights. But, the article written by Samuel E. Trosow highlights that all librarians should know the components of national information policy. Trosow states, “In addition to the more
obvious areas of copyright, privacy, censorship and access to government information, information policy is also concerned with network neutrality, broadcasting, media ownership, competition, international trade, taxation and funding, and broader questions of cultural policy.”
With growing technology, the technology copyright issue is only going to murk the waters of information policy. It will be very interesting to see how it all plays out. Everybody wants to feel like they are getting the fair shake. Publishing companies want the right to make the revenue that they and the author “deserve.” Librarians and the rest of society wants the access and copyright laws to be reasonable so the information can be equally accessed by all. I believe there is a middle ground somewhere. And, as a voice for the people, I believe librarians can take a key role in finding it.
Trosow, Samuel E. A Holistic Model of Information Policy. Feliciter. Vol. 56, No.2. p. 46-48.
Diamond,
ReplyDeleteExcellent response. I agree that things will definitely get more interesting as time goes on. We librarians will hopefully become even more important as advocates for both sides.
I read an interesting and frightening article today about a bill going through Congress today. If you are wondering why some of the sites that you go to all the time have their logos blackened out, this is the reason.
ReplyDeletehttp://www.huffingtonpost.com/tiffiniy-cheng/american-censorship-day_b_1095303.html
"This Wednesday, Congress is considering a law that gives the US government (and any private corporation) the power to block any website, remove it from search engines, and cut off its sources of funding.
Leading civil liberties and tech policy organizations are organizing an internet-wide day of protest in response, inviting sites to turn their logos black and drive people to contact their members of Congress. It's called American Censorship Day (americancensorship.org and #USACensored on Twitter) and sites can participate by turning their logos black on Wednesday or by running "website blocked" splash pages directing users to contact Congress."
In fact, when opening my Mozilla Firefox web page this morning, I found out about this new law that the congress wants to pass. And that’s when I realized how scary (really scary) this could be. Could that mean that I won’t be able to get in touch with my family overseas? Would that mean that I won’t be able to search topics on the Internet? So many questions came to my mind and suddenly I felt insecure. In a very short (relatively) lapse of time we created and built ties with the internet and we can’t afford to lose them now. Our Email accounts are so precious, professionally and personally and the loss is huge if we are told, one day, that they are closed and that we won't be able to use them anymore…forever.
ReplyDeleteMounia,
ReplyDeleteIt is amazing how dependent we have become on the internet. It has only become a staple of life in the last 15 years maybe but now it would be unimaginable to lose it. Even if we lost parts of it, like the major search engines and youtube, it would majorly change the way we do things.
According to a government study, the average person over age 15 spent 23 minutes of leisure time using the computer. This doesn't include time spent at work or school using the computer.
http://www.bls.gov/tus/charts/chart9.txt
Firstly, I looked at that article you suggested about the bill going through congress and was outraged! How can they be giving such power to the government? If this becomes law, so much about the way we collect information will again have to change, because the government will have the right to censor any website they see fit. This could completely change the field of library science once again. It scares me that this is the first time I am hearing of this law. How can something that is going to effect so many people not being followed closely in the news? This would be a real shift in the privacy and rights of all Americans, and yet most American probably don't know about the details of it.
ReplyDeleteIn regards to copyright, I find it interesting that the length of copyright has actually become more restricted. As mentioned, originally it was the 14 years plus and addition 14 if applied for, whereas now it is 70 years AFTER the author has passed away. This difference is staggering! When I visited the website you provided that gives more information about when material can be used and its not considered breaking copyright, I realized that most instances of use are not effected. It seemed that as long of the copying of material was not for profit, that it could be used by the public. This helped me to understand why the laws now were allowed to be so much longer (70+ years). In general the information can be used and recreated, just not to profit someone other than the author.
It is interesting how quiet even the internet is about the SOPA law. There are no new articles with updates on the law's status but here is another article describing it and what it might mean.
ReplyDeletehttp://www.nydailynews.com/news/national/sopa-stop-internet-piracy-act-internet-censorship-google-twitter-facebook-article-1.979020
I also found an interesting article about ASCAP (the American Society of Composers, Authors and Publishers) trying to collect money from Girl Scout camps for singing copyrighted songs around the fire, such as "Somewhere Over the Rainbow." The Wall Street Journal came and wrote about them dancing the Macarena silently because they were afraid to sing the words.
http://www.nytimes.com/1996/12/17/nyregion/ascap-asks-royalties-from-girl-scouts-and-regrets-it.html?pagewanted=all&src=pm
The ALA has joined with other organizations writing a letter oposing the SOPA law.
ReplyDeletehttp://www.districtdispatch.org/2011/11/what%E2%80%99s-in-a-name-so-called-anti-piracy-copyright-legislation-2/
I think progressive democracies will acknowledge intellectual property as something that can be inherited. Of course, the current owner needs to be savvy with ownership by protecting it through an LLC or Inc. set up. Like you, I am not a copyright expert, but I strongly believe in the Librarians' important role in upholding and communicating the fair-use act. Every day, schools and institutions are violating this law through improper photocopying or multi-media showings. In my state's library list serv, I frequently read posts from librarians who have to be the whistle blower in letting the principle / teacher know that certain practices are in violation. I am under the impression that fair use is a federal law and this is not being enforced at all.
ReplyDeleteThanks for your post!
Josh Meyer
This is so important. I know a lot of people are violating a copyright law. Many patrons don't realize the laws of using music on internet pages, web pages and ripping music from each other. Thank you, I plan to print out a few of these sites and post them for students.
ReplyDeleteIt's so easy to violate fair use laws because they seem so vague. I think there has to be a balance between intellectual property rights and the right to information. On the one hand, producers of information should be able to make some kind of living off of it. Yet, this right shouldn't be rung around the necks of people trying to get information. For instance, I think it's rather ridiculous how long a copyright currently lasts on a work. I think the lifetime of the author is plenty of time for a copyright to remain in existence. I think of all the unfortunate people who had 1984 taken off of their Kindles. Part of the reason why was because 1984 is still under copyright even though the book was written over 60 years ago.
ReplyDelete