Extended Delaware mix of my ACRL 2013 slides

1. Archiving the Grateful Dead Online
Katie Fortney
@kfortney
The sun comes in by James Cridland http://www.flickr.com/photos/18378655@N00/2272781234 CC
COPYRIGHT RISK
ASSESSMENT FOR
THE DIGITAL
HUMANITIES:

2. www.gdao.org

3. What’s in the Grateful Dead Archive?
How is the website different?
How did we decide when to ask for permission,
and when not to?
Did anybody sue? (Spoiler: no.)
Now what?
Our Trip by Frisno http://www.flickr.com/photos/frisno/2917037253/ CC BY-NC-N

4. We’re kind of a big deal.

5. It’s not your average archive.
(but then, what is?)
•
•
•
•
•
•
•
•
•
•
•
Photos
Posters
Fan Envelopes
Audio and Video
T-shirts
Concert Tickets
Stage Props
Backstage Passes
News Clippings
Fanzines
And more!

6. What Went Online?
Content types, by number of items
Fan
Envelopes
Tickets
T-Shirts
Fan Art
Passes
Album Covers
Programs
Fanzines
Audio files

7. We didn’t build from scratch.
http://omeka.org/

8. It’s all about the shows.

9. Browse, search, look, and
listen.

10. Q: What does copyright cover?
• “original works of authorship fixed in
any tangible medium of
expression, now known or later
developed, from which they can be
perceived, reproduced, or otherwise
communicated, either directly or with the
aid of a machine or device.” – 17 U.S.C. § 102
(Copyright Act of 1976)

11. A: Most things in an
archive.
• With some exceptions
– Really old stuff
– U.S. government works
–
Other things I can talk about later if you’re really
curious
A distressing situation A by Pulolux !!! http://www.flickr.com/photos/pulpolux/379647277/ CC BY-NC

12. For works protected by
copyright
• You need to get
permission from the
copyright holder for
– Derivative works
– Distribution
– Public performance
Half Asleep by Thomas Hawk http://www.flickr.com/photos/thomashawk/2513078943/ CC

13. So what’s Fair Use?
• When you don’t need permission, based
on a carefully weighed analysis of four
factors:
– Purpose of the Use
– Nature of the work being copied
– Amount of the copyrighted work being used
– Effect on the market
Salviamo il salvable by Andrea Zanzivan http://www.flickr.com/photos/zanzibar123/252977632/ CC

14. Some would consider
this
a risky project.
DK publishing
got sued
over rock posters
Fair Use x 23,000!
Photographs!
Unpublished
Works!
http://www.flickr.com/photos/floridamemory/3308644581/ No known restriction

15. Fair Use Case #1:
Fan Envelopes
• Nonprofit educational
purpose
• Creative, unpublished works
• Entire work
• No reasonable market to
affect

16. Fair Use Case #2:
Tickets
•
•
•
•
Nonprofit educational purpose
Factual works. Published?
Entire work
No reasonable market to affect

17. Not all risks are copyright risks.
Fair
use
Project
quality
Communit
y goodwill
em marte tem piscina by Srta. Lobo http://www.flickr.com/photos/44896544@N00/126843186 CC BY-NC

18. Tricky Cases:
Photographs and Posters

19. We made ourselves available,
and tried to make some friends.
Leveraging
existing
relationships
Letter and
license
campaign
Easy to find
contact
information
Shake by bradjreynolds http://www.flickr.com/photos/bradjreynolds/4222512371/ CC BY-NC-ND

20. Photographers and artists aren’t
always easy to find.
Not Found
No Response
Signed License
Refused

21. Copyright Status of Items
Grateful Dead Posters
Thomas E. Watson Papers
In-copyright
Public Domain
Watson
Family
Undetermined
Status
Works-for-hire
In-copyright
Public Domain
Permission: Grateful Dead
Permission: Licensed
Undetermined
Illegible
Dickson, M. (2010). Due Diligence, Futile Effort: Copyright
and the Digitization of the Thomas E. Watson Papers.
American Archivist, 73(2), 626-636.

22. We have taken down a few
things.
• 23,000 items as fair use
–209 e-mails to archive
• 37 from creators
–15 resulting in takedown
»7 of those 15 would have been
happy with redaction (the rest didn’t
say)
• 0 claims of copyright
otto kopriva by batintherain http://www.flickr.com/photos/82995349@N00/398033423 CC BY-NC-S

23. People liked finding their
stuff!
“How incredibly cool to see it again after
all this time, I was 17 when I drew it. Just
wanted to say THANK YOU for bringing
back some awesome memories!”
“Seeing my envelope art was a trip
and it brought a big smile to my
face.”
“I can't tell you what a gift this is!!!”
“sweet jesus…YOU MADE OUR DA
nik's fancy crayons by Greencolander http://www.flickr.com/photos/37539977@N00/387073

24. We were not the first ones
to arrive at this party.
“Despite extensive research, the Library has
been unable to identify all possible rights
holders in the materials in this collection.
Thus, some of the materials provided here
online are made available under an
assertion of fair use.” – Library of Congress
1999

25. … but the party’s
still not as big as it should be.
“When they did digitize, as most did, they
almost universally chose to digitize public
domain materials first, regardless of scholarly
needs, in order to avoid copyright questions in
the short (or even medium) run.”
-Fair Use Challenges in
Academic and Research Libraries, 2010

26. When are we going to start
asking the right questions
when we select
collections for digitization?
Untitled by Ciccio Pizzettaro http://www.flickr.com/photos/70038540@N00/1917885551 CC BY-NC-

27. Libraries have some good tools.
They don’t have to stay in the
library.
arl.org/fairuse
publications.arl.org/rli279/

28. Questions
?
@kfortney
katie.fortney@ucop.edu
slideshare.net/katiefortney
iknowiknow by renedepaula http://www.flickr.com/photos/41867887@N00/167679756 CC BY-NC-N