Cornell University Library Releases Manual on Copyright and Digitization
Adapted from University of Melbourne work
Lynn Blumenstein -- Library Journal, 11/12/2009
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- Manual addresses theoretical and practical issues
- Deals with no-permission-needed scenarios
- Offers case studies, sample check lists, agreements
Addressing the "great uncertainty associated with the copyright implications of digitization initiatives," Cornell University Library has published a new manual, Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums. Adapted from a publication from
the University of Melbourne, Australia, it instructs library and museum staff on the basics of copyright law and its effect on library, archives, and museum procedures.
The Australian manual written by Emily Hudson and Andrew T. Kenyon has been developed by Cornell University Library’s senior policy advisor Peter B. Hirtle, along with Hudson and Kenyon, to conform to American law and practice.
Addresses both basic and complex copyright issues
The manual deals with the difficulties in understanding and interpreting copyright law, as well as practical compliance issues.
At its most basic level, the manual helps practitioners determine whether an item is copyright protected, whether it is current, who owns the copyright, and what permission is required—if any—to digitize the item. Sample check lists, license agreements, and risk management workflows offer practical assistance.
The manual also delves into the concept of fair use and other exemptions, including sovereign immunity (state and tribal government immunity from intellectual property suits). Other issues include exclusive rights, contracts, and jurisdictional issues.
How to digitize without permission
The work addresses the scenario of how to use legal and licensing exemptions to digitize materials without obtaining permission, leading to an understanding of fair use, interlibrary loan, replacement copy policies, and the copyright parameters of unpublished materials.
Two case studies explore how to digitize, without copyright permission, interviews and oral histories, and student dissertations, theses, and papers.
The work is available in two formats. Print copies are available for sale from CreateSpace, a multimedia self-publishing site owned by Amazon. It also is available as a free download from eCommons, Cornell’s institutional repository, and from the Social Science Research Network.
Contact the author: Lynn.LJarticles@gmail.com
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