Just let it go? controlling reuse of online holdings

Archivaria

Volumn , Issue 77, 2014, Pages 43-71

  Dryden, Jean ^a  

^a UNIVERSITY OF MARYLAND   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84901621669     PISSN: 03186954     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (56)

1. The author wishes to acknowledge the Institute of Museum and Library Services' Laura Bush 2_st Century Librarian Program, which provided the research grant that funded this study.
2. Peter Hirtle, "Archives or Assets," American Archivist 66, no. 2 (Spring/Summer 2003): 240.
3. Michael Moss and James Currall, "Digitisation: Taking Stock," Journal of the Society of Archivists 25, no. 2 (2004): 131-132.
4. Bradley J. Daigle, "The Digital Transformation of Special Collections," Journal of Library Administration, 52, no. 3-4 (2012): 256-257, 259-6.
5. Jean Dryden, "Copyright in the Real World: Making Archival Material Available on the Internet" (PhD diss., University of Toronto, 2008), 190-212, 241-3, https://tspace.library.utoronto.ca/, accessed 2 April 2013.
6. Jean Dryden, "Copyfraud or Legitimate Concerns? Controlling Further Uses of Online Archival Holdings," American Archivist 74, no. 2 (Fall/ Winter 2011): 522-543.
7. Alexandros Koulouris and Sarantos Kapidakis, "Access and Reproduction Policies of University Digital Collections," Journal of Librarianship and Information Science 37, no. 1 (March 2005): 25-33.
8. Melanie Schlosser, "Unless Otherwise Indicated: A Survey of Copyright Statements on Digital Library Collections," College and Research Libraries 70, no. 4 (July 2009): 371-385.
9. Nathaniel Poor, "Copyright Notices in Traditional and New Media Journals: Lies, Damned Lies, and Copyright Notices," Journal of Computer-Mediated Communication 14, no. 1 (October 2008): 101-126.
10. Kristin R. Eschenfelder, "Every Librarys Nightmare? Digital Rights Management, Use Restrictions, and Licensed Scholarly Digital Resources," College and Research Libraries 69, no. 3 (May 2008): 205-226.
11. Kristin R Eschenfelder, "Controlling Access to and Use of Online Cultural Collections: A Survey of U.S. Archives, Libraries and Museums for IMLS" (Madison: University of Wisconsin-Madison School of Library and Information Studies, 2009), http://digital.library.wisc.edu/1793/38251, accessed 29 April 2013.
12. Kristin R. Eschenfelder and Grace Agnew, "Technologies Employed to Control Access to or Use of Digital Cultural Collections: Controlled Online Collections," D-Lib Magazine 16, no. 1-2 (January/February 2010).
13. Kristin R. Eschenfelder and Michelle Caswell, "Digital Cultural Collections in an Age of Reuse and Remixes," First Monday 15, no. 11 (1 November 2010).
14. Prudence Adler, Brandon Butler, Patricia Aufderheide, and Peter Jaszi, Fair Use Challenges in Academic and Research Libraries (Washington, DC: Association of Research Libraries, 2010), 5, 11-12.
15. Jason Mazzone, "Copyfraud," New York University Law Review 81 (2006): 1026-1100.
16. Bridgeman Art Library Ltd. v. Corel Corp., 36 F.Supp.2d 191 (S.D.N.Y. 1999).
17. Found that a copy of a work of art was not sufficiently original to merit copyright protection; consequently, museums that claim copyright in the digital reproduction of a public domain work are on dubious legal ground.
18. Kathleen Connolly Butler, "Keeping the World Safe from Naked-Chicks-in-Art Refrigerator Magnets: The Plot to Control Art Images in the Public Domain through Copyrights in Photographic and Digital Reproductions," Hastings Communication and Entertainment Law Journal 21, no. 1 (1998-1999): 55-127.
19. Susan M. Bielstein, Permissions, a Survival Guide: Blunt Talk About Art as Intellectual Property (Chicago: University of Chicago Press, 2006).
20. Mary Campbell Wojcik, "The Antithesis of Originality: Bridgeman, Image Licensors, and the Public Domain," Hastings Communication and Entertainment Law Journal 30, no. 2 (2007-2008): 257-286.
21. Kenneth D. Crews and Melissa A. Brown, "Control of Museum Art Images: The Reach and Limits of Copyright and Licensing," Social Science Research Network (2010), http://ssrn.com/abstract=1542070, accessed 3 April 2013.
22. Rights and Reproductions Information Network (RARIN) of the Registrars Committee of the American Association of Museums, "Draft Report of the AAM Member Museums Rights and Reproductions Survey 2003-04 Results" (2004), http://www.panix.com/~squigle/ rarin/RCAAMSurvey2003-4.pdf, accessed 3 April 2013.
23. Simon Tanner, "Reproduction Charging Models and Rights Policy for Digital Images in American Art Museums: A Mellon Foundation Study" (London: King's Digital Consultancy Services, 2004), http://www.kdcs.kcl.ac.uk/fileadmin/documents/USMuseum_SimonTanner.pdf, accessed 3 April 2013.
24. Jonathan Purday, "Intellectual Property Issues and Europeana, Europe's Digital Library, Museum and Archive," Legal Information Management 10 (2010): 175.
25. Pennsylvania State University. Visual Image User Study, http://www.libraries.psu.edu/vius/ summary.html (2003), accessed 2 April 2013.
26. Jennifer Trant and David Bearman, Amico On-Line User Survey: Preliminary Results (PowerPoint, 2003), 11, www.amico.org/univ/docsAMICO.AMM030_UserSurvey.pdf, accessed 2 April 2013.
27. Daniel G. Dorner, Chern Li Liew, and Yen Ping Yeo, A Textured Sculpture: The Information Needs of End-Users of Digitised Collections of New Zealand Cultural Heritage Resources (Wellington, NZ: School of Information Management, Victoria University of Wellington, 2005), 29.
28. Daniel G. Dorner, Chern Li Liew, and Yen Ping Yeo, "A Textured Sculpture: The Information Needs of Users of Digitised New Zealand Cultural Heritage Resources," Online Information Review 31, no. 2 (2007): 179.
29. Jean Dryden, "Cavalier or Careful? How Users Approach the Rights Management Practices of Archival Repositories," Journal of Archival Organization 10, no. 3-4 (2012): 191-206.
30. Jackie M. Dooley and Katherine Luce, Taking Our Pulse: The OCLC Research Survey of Special Collections and Archives (Dublin, OH: OCLC Research, 2010), 11 (emphasis in the original), http://www.oclc.org/research/publications/library/2010/2010-.pdf, accessed 2 April 2013.
31. In some cases, different repositories are affiliated with the same parent institution, e.g., a university. In such cases, further investigation took place to ensure that the selected repositories were independent entities within a larger organization.
32. Repositories with greater diversity of website content (photos, textual material, sound recordings, etc.) were selected because different media are subject to different copyright rules, and a greater range of materials provides more evidence of repository copyright practices.
33. Because the study investigated institutional policies and practices, content from co-operative digitization projects (subject to policies of the group) and content contributed to image-shar-2 ing sites such as Flickr were excluded.
34. Because the survey investigated several research questions, the entire survey is not reproduced here; however, the questions relevant to this aspect of the study are reproduced in this article.
35. Although the question did not specify the type of master s degree, it was assumed that many would have graduate training in library science, with a specialization in archives.
36. Because the interviews investigated several different research questions, the entire interview script is not reproduced here; however, the questions relevant to this aspect of the study are reproduced in this article.
37. That there have been no copyright challenges is borne out by survey and interview data. When asked "Has your repository ever been challenged by a copyright owner about putting a digitized copy of a document on your repository s website?" 73% of survey respondents said no, 22% said yes, and 5% were not sure. Only 3 interviewees recalled being challenged on a copyright matter; another 10 survey respondents described situations in which they had been challenged. In all cases, the matter was resolved without litigation.
38. For the purposes of this study, a digital resource (DR) is defined as "a grouping of archival documents presented together on the repository website because of some relationship among them." The,1554 DRs identified in this study were categorized into the following types: 807 virtual Exhibits, 556 Single Collections, 131 Illustrative Essays, and 60 Searchable Databases.
39. That the remaining institutions did not have an explicit statement on their website does not mean that they do not use low-resolution images. However, while pixel size is indicated in the image properties, the resolution cannot be calculated without knowing the size of the original.
40. Some institutions permit users to copy the image (often low-quality) on their computer screen. Others save the user time and effort by allowing them to download the image (often including certain metadata) directly to the user's computer, so the user does not have to copy save, and record details such as reference number, etc.
41. These were two of several possible responses to a multiple choice question that also included efforts to educate users about copyright, including a link for submitting copyright inquiries, information about copyright law, or a link to information about copyright law. The findings of an investigation of repositories' efforts to educate users about copyright are discussed in.
42. Jean Dryden, "But Are They Grateful? Educating Online Users About Copyright," Imagine, Innovate, Inspire: Proceedings of the Conference of the Association of College and Research Libraries, April 10-13, 2013, Indianapolis, IN, ed. Dawn Mueller (Chicago: Association of College and Research Libraries, 2013), 92-96, http://www.ala.org/acrl/sites/ala.org.acrl/files/content/conferences/confsandpreconfs/20_3/papers/Dryden_Grateful.pdf, accessed 30 April 2013.
43. While these seven institutions may place conditions on further uses, their websites contain no information indicating that this was the case.
44. Of those 15, 4 require the permission of the rights holder in addition to that of the repository for further uses. However, only 2 of the 17 agreed with the survey statement; 9 disagreed, 1 was neutral, and 5 did not return their surveys. 32 The basis for this claim is not stated, but it appears that the repository is the rights holder for much of the online material, and is granting a licence for use.
45. Peter Hirtle, Tricia Donovan, "Removing All Restrictions: Cornell s New Policy on Use of Public Domain Reproductions," Research Library Issues: A Bimonthly Report from ARL, CNI, and SPARC, no. 266 (October 2009): 1-6.
46. Jean Dryden, "Copyright Issues in the Selection of Archival Material for Internet Access," Archival Science 8, no. 2 (2009): 123-147.
47. Jean Dryden, "The Role of Copyright in Selection for Digitization," American Archivist 77, no. (Spring/Summer 2014): 64-95.
48. The number of institutions totals _9 because 2 institutions are counted twice, as indicated in the Notes.
49. Dryden, "Copyright in the Real World".
50. Dryden, "Copyfraud or Legitimate Concerns?".
51. Eschenfelder, "Controlling Access to and Use of Online Cultural Collections".
52. Eschenfelder and Agnew, "Technologies Employed to Control Access to or Use of Digital Cultural Collections."
53. Eschenfelder and Caswell, "Digital Cultural Collections in an Age of Reuse and Remixes."
54. Relatively few repositories prevent copying altogether, but to do so seems counterproductive, unless there are particular concerns. Low-resolution images are widely used for ease of web delivery, and it does not seem reasonable to routinely prevent copying of the image on the user s screen for research and private study when the onsite user could obtain a photocopy.
55. "ACRL/SAA Joint Statement on Access to Research Materials in Archives and Special Collections Libraries Copyright" (Association of College and Research Libraries, 2009), http://www2.archivists.org/statements/alasaa-joint-statement-on-access-to-research -materials-in-archives-and-special-collection, accessed 2 April 20_3, which states, "It is the researcher s obligation to satisfy copyright law when copying or using materials found in collections."
56. Dryden, "Cavalier or Careful?"