Copyright and digitization by libraries presents several issues. Libraries are claiming that digital copies of public domain works are original and charging fees, while Google is digitizing library collections and selling ebooks. This is shrinking the public domain. There are debates around whether libraries should charge fees, give books to Google to sell, or encourage open access to support the free public domain. The boundaries between supporting rights holders and access are unclear.

1. Copyright and library digitisation

2. http://www.youtube.com/watch_popup?v=PSxihhBzCjk

3. One word: digital

4. “ Digital is a kind of genus term for all things composed of ones and zeroes, much in the same way that mammal means warm-blooded and having live births...

5. www.flickr.com/photos/sixteenmilesofstring “… to say that you are planning to digitize some items, or that you will create a digital library, is somewhat like saying that you will buy your daughter a mammal for her birthday. Is it a hamster, or a Bengal tiger?” – Karen Coyle

6. Being digital means making copies

7. The technology of copying is regulated by Copyright www.flickr.com/photos/bettyx1138

9. “ Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families….

10. “… For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books…”

11. www.flickr.com/photos/aplumb

12. www.flickr.com/photos/katphotos “… for the Term of fourteen Years to Commence from the Day of the First Publishing the same, and no longer.”

13. www.flickr.com/photos/katetomlinson

14. www.flickr.com/photos/joelanman “… copyright in a literary, dramatic, musical, or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.” – NZ Copyright Act 1994

15. When terms expire they become free public domain www.flickr.com/photos/santioliveri

16. “ A free culture supports and protects creators and innovators. It does this directly by granting intellectual property rights…”

17. www.flickr.com/photos/scobleizer “… But it does so indirectly by limiting the reach of those rights, to guarantee that follow-on creators and innovators remain as free as possible from the control of the past…” – Larry Lessig

18. Allowing this

19. and this

20. to become this

21. without needing permission

22. without needing permission

23. Library digitisation triggers copyright

24. Two things have happened

25. 1.

26. UK institutions now claim their digital copies are original works

27. 1877 photograph ©British Library Board

28. 1705 painting © National Portrait Gallery, London

29. Licence fee: up to £400

30. 2.

31. Google library digitisation is now e-book publishing www.flickr.com/photos/nruest

32. Google accepts digitised books are not original works

33. But claim the right to sell digitised orphan works

34. “ Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families….

35. (they’re being sued)

36. The outcomes

37. Libraries are thinking they are rights holders www.flickr.com/photos/library_mistress

38. Google is retailing library books www.flickr.com/photos/jonwiley

39. Digital e-book sales are growing

40. and growing

41. www.flickr.com/photos/sovietuk The free public domain is eroding

43. www.flickr.com/photos/sovietuk “… To put it plainly, WMF's position has always been that faithful reproductions of two-dimensional public domain works of art are public domain, and that claims to the contrary represent an assault on the very concept of a public domain” - Wikimedia Foundation

44. www.flickr.com/photos/sovietuk “ ...If museums and galleries not only claim copyright on reproductions, but also control the access to the ability to reproduce pictures (by prohibiting photos, etc.), important historical works that are legally in the public domain can be made inaccessible to the public except through gatekeepers.” - Wikimedia Foundation

45. Cats and dogs are living together www.flickr.com/photos/pmtorrone

46. Cats and dogs are living together (possibly) www.flickr.com/photos/pmtorrone

47. Where do libraries need to live?

48. Charging copyright royalities? www.flickr.com/photos/library_mistress

49. Giving their books to Google to sell? www.flickr.com/photos/jonwiley

50. Redefining fair? www.flickr.com/photos/dugspr

51. Encouraging the free public domain? www.flickr.com/photos/santioliveri

52. http://makeit.digitalnz.org

53. “… The opposite of a free culture is a ‘permission culture’ - a culture in which creators get to create only with the permission of the powerful, or of creators from the past.” – Larry Lessig

54. Copyright and library digitisation