3. “ Only one thing is impossible for God: To find any sense in any copyright law on the planet.”
4. “ Copyright is the exclusive right in relation to work embodying intellectual content to do or to authorize to do certain acts in relation to that work.” (O.H. Dean)
11. Copyright exception and limitation Unless a copyright exception and limitation applies. Such as: F air dealing (for purposes of study, research, private use) Quotation Illustrations for teaching Specific library and archive exceptions
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13. (2) selected problematic issues: copyright term, the public domain, orphan works, digitisation
14. Copyright term: An example: 10 20 30 40 50 60 70 80 X 90 X Author writes a book at age 30 The author dies at age 70 Copyright expires in SA … if children are born on average every 25 years in the author’s family… … great great grand children are born!
17. Orphan works Copyright protected works whose copyright holder is difficult or impossible to contact. In SA: no relevant legislation!
18. A nd then, of course, … the issue of digitising
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21. S12 General exceptions from protection of literary and musical works (1) Copyright shall not be infringed by any fair dealing with a literary or musical work- (a) for the purposes of research or private study by, or the personal or private use of, the person using the work ; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purpose of reporting current events- […] S17 General exceptions regarding protection of sound recordings The provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply with reference to sound recordings.
22. Also: the new international dimension (which court has jurisdiction, what law is applicable in cross-border infringement cases (P2P) etc.) conflicts with the traditional principle of territoriality on which copyright law is based.
23. A nd what does all this mean for copyright law?
24. Third-party liability of ISPs and P2P service provider? Some say copyright is dead! My prediction, however, is that copyright law is going to be around for some time because it was confronted with significant technological changes in the past and never disappeared – but a revision of SA’s copyright laws is a matter of urgency.
28. How can we make copyright protected material more accessible?
29. 1. Availability and accessibility of copyright protected material often is in the public interest, particularly in relation to educational materials 2. Automatic and strict statutory copyright protection is often NOT in the interest of creator/ rights holder
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31. Open educational resources are educational materials and resources offered freely and openly for anyone to use under open licenses to re-mix, improve and redistribute. Main aim: Furtherance of Education (especially for those who otherwise could not afford text books etc, particularly but not exclusively in developing countries - California example)
32. As a matter of fact, not only OER but the entire Open Access movement builds upon open licences because open-access material is, by definition, digital, online, free of charge, and free of most copyright and licensing restrictions.
33. Remember? Rights holders automatically have a bundle of exclusive rights in their works, eg reproduction, adaptation, distribution + moral rights Not in the interest of rights holders?
34. 3 categories of rights holders: Those who want more rights than the law affords Those who want less rights than the law affords Those who are happy with the rights the law affords
35. Those who want more rights than the law affords: MORE RESTRICTIVE LICENCE Those who want less rights than the law affords: (MORE) OPEN LICENCE
53. Creative Commons as such is providing the tool (the licence) but does not become part of the relationship between rights holder and user! Nor is it a law firm.
54. Do if you need help implementing CC licences, call a lawyer!
Librarians are access enablers to their collections – therefore, you should be aware of potential restrictions caused by copyright laws, eg when digitising your collection – and you should be aware of strategies to circumvent those restrictions, incl Creative Commons licencing
