16 December 2009

Other Sites With FAQs

Are there any other sites you recommend with Copyright Questions & Answers? Please COMMENT below and I'll compile a list.

Here's a start:

Stanford University Libraries:

Music Library Association:

University of Pittsburgh:


27 October 2009

18.0 Want To Work in Copyright or Licensing?

Occasionally, I see interesting positions in copyright and licensing. This section of Copyright Questions & Answers will post such positions. These postings may remain listed in this blog beyond their closing dates for informational purposes. Most recently announced positions are listed at the top of the list.

Acquisitions/Electronic Resources Librarian (Position No. NEBB09392936DR1),Department of the Army, Army Medical Command (Montgomery County, MD, near Washington, DC)
Position for a librarian (U.S. citizen) at Walter Reed Army Institute of Research with training and experience using automated systems, and with the ability to manage and deliver electronic content. Excellent database searching, communication and problem-solving skills are required. Candidate must have the ability to perform acquisition functions, including negotiating licenses for electronic content. See: http://jobview.usajobs.gov/GetJob.aspx?JobID=85141757&JobTitle=LIBRARIAN for full job description. For more information contact:
Central Resume Processing Center
Phone: 410-306-0137
Email: applicanthelp@cpsrxtp.belvoir.army.mil
Closing date: Open period for this position January 11, 2010 to February 11, 2010.

Part-time cataloger, BNA, (Washington, DC)
BNA, a legal and regulatory information publisher, is looking for a part-time cataloger (up to 22.5 hours per week) to create, process and maintain metadata records for BNA publications in OCLC. Requires experience cataloging, knowledge of AACR2, MARC and Library of Congress classification. Understanding of copyright and fair use a plus.
To apply: E-mail resume to jhamlin@bna.com
Closing date: Not listed. (This item was posted January 21, 2010)

Digital Production Librarian, Libraries of The Claremont Colleges (Claremont, California)
The Librarian will manage the Digital Production Center and the position requires an understanding of copyright laws and rights management issues in a digital environment.
See: http://libraries.claremont.edu/about/jobs/
Closing date: Applications received by February 15, 2010 will receive first consideration. (This item was posted January 21, 2010)

Libguides Project Assistant, Norquest College (Edmonton, Alberta, Canada)
Temporary, contract position, (work approximately 100 hours) creating and editing online research guides and handling a wide range of digital images and documents under the direction of the Coordinator of Library Instruction. Position requires excellent written communication skills, familiarity with Internet explorer, as well as awareness of copyright and legal use of resources. Current MLIS student preferred. (Competition Number: C01-10)
Closing date: January 23, 2010 (This item was posted January 13, 2010)

Classical Performance Logging Coordinator- NY420, BMI, (Opportunities in various locations)
Positions for persons with relavant education, knowledge and experience in the music business and copyright relating to music. Job involves various duties relating to registration of musical works, organizing licenses, and monitoring classical music performance data from radio stations and concerts involving the BMI repertory, and analysis and preparation of information for entry into BMI databases.
See: http://www.bmi.com/jobs/entry/540573 for further information; for consideration contact nyrecruiter@bmi.com (mention job reference number NY420)
Closing date: Not listed. (This item was posted January 13, 2010)

Head of Library Client Services, The Law Society of Upper Canada (Toronto, Canada)
Amongst other duties, the Head will negotiate and interpret digital licence agreements.
See http://www.lsuc.on.ca/jobs/
Closing date: Not listed. (This item was posted 14 December 2009)

Commercial Officer (Intellectual Property Rights), U.S. Embassy New Delhi (India)
Amongst other duties, the incumbent will act as a resource on India's intellectual property regime for other U.S. government agencies.
See http://jobview.usajobs.gov/GetJob.aspx?JobID=84917168&JobTitle=Commercial+Officer+(Intellectual+Property+Rights)&sort=rv&vw=d&brd=3876&ss=0&FedEmp=N&FedPub=Y&q=copyright&AVSDM=2009-12-03+00%3a03%3a00
Closing date: December 31, 2009

Permissions Associate, American Psychological Association (Washington, DC)
Researches permission requests, draft licenses, set permissions fees, organizes permissions, copyright registrations and copyright transfers.
See http://www.apa.org/jobs/1098.html
Closing date: Not listed. (This item was posted on this blog on 2 December 2009)

Senior Electronic Resources Librarian, National Endowment for Democracy (Washington, DC)
Amongst other duties, this position has copyright responsibilities for various digitization projects.
See http://www.ned.org/employment.html#SRELEC
Closing date: Not listed. (This item was posted on this blog on 24 November 2009)

Electronic Resources Librarian, Federal Reserve Bank (Washington, DC)
The Librarian will negotiate and review licenses for digital content.
See http://www.federalreserve.gov/careers/jobsearch/default.aspx
Closing date: Not listed. (This item was posted on this blog on 16 November 2009.)

Library Technician (Copyright), Library of Congress (Washington, DC)
The Copyright Technician will ensure proper handling and security of Library and Copyright Office materials, as well as perform a variety of tasks to support the division.
See http://www.loc.gov/hr/employment/index.php?action=cJobs.showHome
Closing date: 4 December 2009

Assistant Head, Electronic Management, Northeastern University Libraries (Boston)
Searching for a librarian for electronic resources purchasing, licensing, access and maintenance. Needs knowledge of electronic resource management, resource licensing and copyright.
Email j.morrow@neu.edu for further information.
Closing date: Until filled (Applications received by December 1, 2009 will receive first consideration)

Legal Officer, WIPO, Traditional Knowledge Division (Geneva)
Looking for a lawyer/policy person
See http://www.wipo.int/hr/en/vacancies/2009/article_0049.html?part=qualif
Closing date: 23 November 2009

Copyright Policy Officer position, IFLA (The Hague)
Great opportunity for a librarian or lawyer with experience in library-copyright issues.
See http://www.ifla.org/en/job-description/91001
Closing date: 13 November 2009

Head, Electronic Acquisitions & Licensing Unit, University of Michigan, (Ann Arbor, MI)
Varied position for a librarian with experience in negotiating and monitoring digital licenses.
See http://www.lib.umich.edu/library-human-resources/head-electronic-acquisitions-licensing-unit
Closing date: Open until filled

POSITION FILLED Electronic Resources Library, Ontario Colleges Library Service (Toronto, Canada)
Interesting opportunity for a librarian with licensing experience.
See http://joomla.ischool.utoronto.ca/component/option,com_jobline/Itemid,/task,view/id,3095/
Closing date: 31 October 2009

Law Clerk, Access Copyright (Toronto, Canada)
See http://www.accesscopyright.ca/docs/LawClerk.pdf
Closing date: Not provided

Acquisitions Librarian for a global financial industry corporation (Washington, DC) This is a part-time position (24 hours a week.)

Responsibilities: Tracking and managing invoices, licenses, and contracts firm-wide; Ensuring timely payments and renewals: Tracking cost and allocation for budget purposes: Managing cancellations and additions as needed.
Qualifications: MLS Degree from an accredited ALA institution; Previous experience managing subscriptions, license and contracts in a large library environment; Demonstrated ability to handle simultaneous projects at a time; Demonstrated experience with budget management and spreadsheets; Previous experience with Sharepoint would be a plus.

To apply, email your cover letter and resume to the attention of Recruiter at jobs@libraryassociates.com with “Acquisitions Librarian #1327” as the subject line of your email. Let them know you learned of this opportunity at www.copyrightanswers.blogspot.com.

Closing date: Not provided

Do you know of a position in copyright or licensing? Post it below as a COMMENT or email me "lesley at copyrightlaws dot com" and I'll add it in the body of this post. Also, if you've heard that any of the positions are filled, please let me know so I can update the information. Thanks!


20 October 2009

What resources do you recommend?

The latest issue of The Copyright & New Media Law Newsletter has just been published.

Table of Contents:
Editorial (Creative Commons study on the meaning of non-commercial purposes)
Copyright Protection of Architectural Works
Canadian Photocopying Tariff Decision
Online Use Agreements
Reviews - Digital
Questions & Answers

This Newsletter is published in print and electronically on a quarterly basis. In 2010, this Newsletter will be entering its 14th year of publication. If you want to be part of this unique Newsletter that explains copyright and licensing in plain English, subscribe at www.acteva.com/go/copyright.

A podcast with questions and answers on copyright law is at: www.sla.org/Presentations/click/Conf2007MP3/CopyrightAnswers.mp3.

15 July 2009

Order of questions and index to this blog

Please post your question under the appropriate heading/question in this blog. Do NOT post your copyright questions under this heading. If you scroll through the blog, you will find the section you are looking for. The reason that the sections are not in order is that we periodically update the questions and answers, and add new ones including adding your comments as part of the our postings, and the newer postings and updated questions move to the top of the blog when they are posted.

Here are the Question headings:

1.0 Copyright Protection and Formalities
2.0 Types of Works Protected by Copyright
3.0 Ownership of Copyright Materials
4.0 Duration of Copyright Protection
5.0 Rights Protected by Copyright
6.0 Limitations on Rights
7.0 License Agreements
8.0 Copyright Infringement
9.0 Copyright Permissions
10.0 Digital Copyright Issues
11.0 International Copyright Issues
12.0 Canadian Copyright Questions (includes copyright reform news and information)
13.0 US Copyright Issues
14.0 Miscellaneous Copyright Issues
15.0 Museum Related Copyright Questions
16.0 Copyright and Licensing Management/Compliance Issues
17.0 News on Copyright Law
18.0 Want to Work in Copyright or Licensing? (added to this blog 27 October 2009)

04 June 2009


Copyright Questions & Answers is run by Copyrightlaws.com.
Please see our updated website at http://copyrightlaws.com.


21 May 2009

10.0 Digital Copyright Issues

10.1 Question: Do you need permission to provide a hyper link in a Web site to a page in another Web site?
Answer: There is no Canadian or U.S. case law that specifically answers this question. There have been out-of-court settlements which suggest that if you hyperlink to a home page, then permission is not necessary, and if you link to an internal page in a Web site then permission is necessary. As such, it is a risk management decision your enterprise must make, and the decision may vary depending on the type of site to which you are linking. (2008-1)

10.2 Question: Can a library scan an article from a journal that it has in print format in its collection?
Answer: Owning a print article does not mean that you own the copyright/reproduction rights in that article. If you want to digitize an article in your possession, you need to obtain permission from the rights holder of the article before digitizing it. If you are obtaining permission to digitize the article, you may at the same time, ask for additional permissions such as the right to post the article on your intranet or circulate it internally in PDF. (2009-2)

10.3 Question: Is it legal to add a watermark to a digital image that you legally acquired from a photographer?
Answer: This is likely not a violation of copyright. In an extreme case, a photographer or other copyright owner may claim that it violates their moral rights and harms their reputation -- however unlikely too since the purpose of the watermark is to protect copyright. You can always ask the copyright owner before placing the watermark on the image.

10.4 Question: My organization purchased an electronic version of a journal article for purposes of research by one of our employees. May we store this electronic article on our Intranet or on the library's server?
Answer: You should check the purchase order or license that accompanied the article. Were there certain rights and conditions placed on the article when you purchased it? What uses are permissible? If the PO or the license is silent on this issue, then you must obtain permission to use the article in any way in which it will be reproduced or distributed, other (presumably) than for the personal use of the researcher who ordered it. (2009-4)

10.5 Question: I have published an e-book and am distributing it for free, however, I do not want others to redistribute it without my permission. How can I do this?
Answer: One option is to use technology (some sort of digital rights management) to prevent redistribution of your electronic book. Another option is to have your readers sign a license agreement that they will not further distribute the book. Another option is to have copyright information/notices in your book to educate and warn others that any copying or sharing of it is not permitted without your consent. A combination of some of the above may work too.

12 May 2009

Want to work in copyright law?

Occasionally, I need assistance with research, writing, editing and online teaching. If you have the personality to work as a "virtual assistant" and have some knowledge of copyright law and licensing and you are an excellent researcher and writer, please email me at "lesley at copyrightlaws dot com". This would be sporadic work for someone looking for some extra money with some extra time, or to increase their exposure to copyright law and licensing issues.

If you have any experience in formatting e-books and other e-publications, please mention that when you email me.

I've received several email enquiries about being a virtual assistant and will reply to all of them -- it may take a bit of time so please be patient.



05 May 2009

7.0 License Agreements

7.1 Question: My organization has been offered a license agreement for a database. We want to license the database but cannot use it as we need to under the terms and conditions of the license.
Answer: Except for click-through, Web wrap or shrink wrap agreements, most licenses are negotiable. If you are faced with a license that does not meet your needs and does not appear to be negotiable, explain to the publisher how an amended agreement would better meet your needs, and try to open a discussion and negotiation to ensure that the final license is one that works for you. (2006-4)

7.2 Question: How do I determine what rights should be set out in a license agreement?
Answer: Determine how the content will be used, then ensure that the license reflects these uses. It is best to determine these rights in advance to ensure that you are meeting your needs and not simply reacting to the licensing offer from the content owner. Consult various people in your organization, from your lawyer to your researchers, consultants and librarian. (2007-1)

7.3 Question: How do you define “commercial use” or nonprofit use” in a digital license agreement?
Answer: There are no guidelines or exact definitions of these and other terms in a license agreement. The parties signing the agreement need to agree on the wording of any definition. Take the time to discuss and define these and other terms as they relate to the scope of permissible uses under the agreement. Begin your definitions by a dictionary definition of that term, then modify that definition to meet your needs. (2007-2)

7.4 Question: Why do we have to pay sometimes for journals that are very old and obviously in the public domain?
Answer: There are several possibilities. One, there may be a new copyright in a collection of journals and you are paying a fee for the collection as a whole rather than the underlying individual public domain journals. Two, the journals may be edited and the new portions of the journals may have a new copyright in them. Third, you may be paying a fee to access the journals rather than a copyright fee. (2009-2)

Added November 3, 2009:
7.5 Question: If an article has a Creative Commons ("CC") license, does that mean that the article may be freely reproduced?
Answer: No, you need to read the CC license. There are different CC licenses allowing different uses from "full" use of an item to very limited use of the item without authorized from the content owner.

For information on licensing issues, see: www.licensingdigitalcontent.blogspot.com.

22 April 2009

16.0 Copyright and Licensing Management/Compliance Issues

16.0 Question: What is a copyright policy?
Answer: A Copyright Policy is a written document that sets out copyright information, specifically how it applies to the use of content in your organization. It may set out basic copyright information, global copyright information, questions and answers in your organization, how to apply fair dealing/use in your organization, and the contact person for copyright in your organization. The Policy is also a great document/text for teaching copyright in your organization. (2009-1)

16.1 Question: What are some steps we can take to ensure copyright compliance in our enterprise?
Answer: Some recommendations include instituting an enterprise-wide written copyright policy (see 16.0 above); providing on-going education about copyright and licensing issues; undertaking periodic audits on computer software licenses, and posting copyright warnings/notices near photocopiers, computers and printers. (2009-3)

16.2 Question: Are all U.S. government works protected by copyright?
Answer: U.S. government works are not protected by copyright. This means that a work created by a U.S. government employee for purposes of work does not have copyright protection. However, the U.S. government may own copyright-protected works. For example, the U.S. could own a protected work by purchasing an assignment from a copyright owner. (2009-3)

16.3 Question: Can you point me to examples of copyright warnings/notices posted near photocopiers?
Answer: Both the U.S. and Canadian copyright statutes provide sample wording for libraries to include in copyright warnings/notices near photocopiers. Similar wording can be used by all organizations, and similar wording could be used near all technology where copyright-protected works may be reproduced. (2009-4)

4.0 Duration of Copyright Protection

4.1 Question: Is there a simple way to determine duration of a copyright work in the U.S.?
Answer: The duration of copyright protection in the U.S. is more complicated than in other countries due in part to the fact that the length of copyright protection in the U.S. has been amended a number of times. Helpful charts to determine whether a work is in the public domain are at: http://www.copyright.cornell.edu/public_domain/, and http://www.unc.edu/~unclng/public-d.htm. (2006-3)

4.2 Question: There is a photograph on a Web site that my organization wants to copy and paste into our Web site. There is no copyright notice on the photograph nor any information relating to copyright protection or the name of the photographer or owner of the photograph. Is the work in the public domain?
Answer: No, assume that all content on the Web is protected by copyright unless there is a statement to the opposite, or you have investigated the copyright status of the work. Even a work that does not contain a copyright symbol or other information relating to the identification of the copyright owner is presumably subject to copyright protection. (2008-1)

4.3 Question: Do all countries have the same copyright duration?
Answer: No. The Berne Convention sets out the minimum duration for copyright protection, which is currently life + 50 -- fifty years after the author's death. So most countries (including Canada) still have a life + 50 duration. However, countries are "free" to provide a longer duration and the U.S. and European Union countries now provide a life + 70 duration. Note that this is the "general rule" of copyright duration and specific works such as government works and employment works may have different durations of protection. (2009-1)

4.4 Question: What does public domain mean?
Answer: Public domain means that a work is not protected by copyright. This may occur in several situations. For example, U.S. government works (those created by the U.S. government and its employees) are in the public domain. Also, works in which copyright duration has expired are in the public domain.

12 February 2009

15.0 Museum Related Copyright Questions

Do you have a question related to your museum or archive? A question about a sculpture or painting, rights and reproductions, exhibition marketing, in-house and visitor education? Ask your questions by commenting below.


15.1: Do you need permission to include images in a print museum catalogue that will be sold in a bookstore?

Answer: Yes, you should obtain permission whether or not the catalogue is being sold. The inclusion of the image is a reproduction of that work. In some circumstances, you may be able to imply permission from the circumstances but that would not be in every case. (2009-3)