Owners
When is copyright protection established?
The moment a work is fixed in some "tangible medium."
If an archive owns the physical copy of a work, can it give permission to use the work? Explain.
Only when the rights of the work were assigned to the repository can the archive give permission.
Who is responsible for determining permission?
The user.
The Federal Government
What are 4 torts against ones right to privacy as outlined by William PRosser
Intrusion upon one's solitude
Disclosure of embarrassing private facts
publicity placing one in a false light
appropriation of ones likeness or name
When is material consider unpublished?
If the purpose of the materials was not intended for public distribution or if only a few copies were created and distribution was limited.
What are some reasons a repository might want to own the copyright on materials in its archive?
To publish them material
To Control reproduction of the material
As a revenue stream by charging for permission to publish
To maximize the repository's reputation by owning such sought after materials
For what purposes is it considered Fair Use of copyrighted materials.
Criticism
Comment
News Reporting
Teaching
Scholarship
Research
What sections of the Federal code refer to copyright
Sections 106 and 120
SAA Code of Ethics states what about privacy
"Archivists must be aware of and safeguard the privacy of individuals represented in archival collections.
Your donor is donating a letter they received from JayZ. Who holds the copyright to the content of the letter?
JayZ because he is the author of the unpublished work-the letter.
In order for transfer of copyright to occur what must take place?
A formal, legal transfer of ownership by means of a legal document in writing.
What are the 2 factors courts use to evaluate Fair Use of material?
1. The purpose and Character of the use
2. The nature of the copyrighted works - published or unpublished
What was the year of the first U.S. copyright act?
1790
Why would a Privacy policy be helpful in archives?
Because it is such a gray area, and needs to be clearly negotiated with donors
What are the Rights enforced by Copyright?
To reproduce the works
To prepare derivative works
To distribute copies by sale, rental, lease, or lending
To perform the work publicly
To display the work publicly
To perform the work publicly by means of digital audio transmission for sound recordings
What is a good and acceptable answer when someone asks about copyright in general?
"It Depends"
What are two additional factors used to determine fair use of copyrighted materials?
3. The amount and substantiality of the portion used in relationship to the work as a whole.
4. The effect of the use upon the potential market for or value of the copyrighted work.
In the Salinger Case, what did the court decide in terms of fair use?
Salinger, as the author of unpublished material, had the right of first publication. Therefore it was not considered "Fair Use."
Why is privacy an ethical concern for Archivists
because it can cause a ethical conflicts between privacy and access.
How long does copyright last for an unpublished work?
The life of the creator plus 70 years.
What is it called when materials are no longer protected under copyright law?
Public Domain
What are "Orphaned Works?"
Which section of the law pertains to Fair Use?
Section 107
What are some actions archivists and repositories can take with donors to lessen concerns about privacy.
Talk about the repositories policies on privacy and providing access.
Ask about what kinds of private records may appear in donated collections and how the donor would like to handle them.
Ask about how private records can be mad accessible with out fully restricting records.