and the Copyright Conundrum February 4 2016 ALA OITP CopyTalk Webinar 2102016 1 State Government Information and the Copyright Conundrum by Bartlett Bernadette Courney Kyle KEden ID: 720037
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State Government Information and the Copyright Conundrum
February 4, 2016ALA OITP CopyTalk Webinar
2/10/2016
1
State Government Information and the Copyright Conundrum
by Bartlett, Bernadette ;Courney, Kyle K.;Eden, Kristina Kasianovitz, Kris is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.Slide2
Agenda
Who we areWhat is the issue Why are we tackling this issue
How:Perspectives and projects Academic
Library, State Library, Digital Library Harvard State Copyright Resource Center
Wrap up Questions, Discussion
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Who
Bernadette Bartlett, Library of Michigan, Michigan Documents LibrarianKyle K. Courtney, Harvard University, Copyright Advisor
Kristina Eden, Copyright Review Program Manager, HathiTrust
Kris Kasianovitz, Stanford University Library, Government Information Librarian
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3CONTACT US: http://stategov.freegovinfo.info
Free State Government Information Slide4
What, Why
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Federal: Public Domain Now,
17 US Code, Ch
. 1 § 105
50 States: Public Domain in 2112Publicly AvailablevsPublic Domain
Publications not Records…Slide5
HOW: Approaches and solutions
Seek PermissionTake down noticesCopyright Review
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Immediate
Long TermLegislative ChangeExecutive AuthorityCreative CommonsSlide6
HOW: Perspectives and Projects
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Image Credit:
Dvotygirl
. 23 February 2008. A book scanner at the Internet Archive, San Francisco, CA. https://en.wikipedia.org
/wiki/Digitizing#/media/File:Internet_Archive_book_scanner_1.jpgSlide7
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Digitization Projects and Web Archiving – An Academic Library Perspective
My colleagues and I are working on a research project on “Banking during the Great Depression” that uses data from your agency’s Annual Reports from the years 1920 to 1940.
To aid in that research,
we request your permission to digitize possibly copyrighted editions of those works, to archive the digital version of the works, and to make the digital works publicly accessible.
Image Source: https://
library.stanford.edu
/sites/default/files/styles/large/public/widget/image/
robot.jpg?itok
=HFt-5UY4Slide8
HathiTrust Digital Library - approaches
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www.hathitrust.org
Archiving for preservation
State legislative language
Seeking permission from state agentsPublicly available vs public domainCopyright review pilot projectSlide9
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IMLS funded copyright review
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US state documents published 1923-1977
Published with copyright notice formality
13,000 state documents since May 2014
About 73% public domainwww.hathitrust.orgSlide11
Interesting results
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Copyrighted works
state
annotated
coderecords of courts of appealReports published in cooperation with federal departments but not §105 eligibleNon-US joint authorship, such as Canadian/Michigan Great Lakes researchwww.hathitrust.orgSlide12
State Government and Copyright
MichiganStatus of copyrightPolicy AmbiguitiesWhat’s missing?
Administrative rule, policy, procedure
Copyright is not on state government’s radar…
…or is it? Stronger statement on Michigan.govState equipment
use policy with restrictive language regarding copyrighted materials2/10/201612
copyrightSlide13
State Libraries and Copyright
Role of state libraryState documents depositoryAll materials after 1923 in copyrightNo mention of copyright included in depository statute
Source of POV or information (not advice!) on copyright and state government informationProvider of born-digital and digitized state government content
Generally confident that state government is not going to get in our way, but…
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State Copyright Resource Center: Beginnings
Issues with Graduate School of Design’s project: digitize a rare collection of urban planning reportsDive into the research
problemsCall Ashely Messenger, author of “
Can States Use Copyright to Restrict the Use of Public Records?” 29 Comm
. Lawyer 4 (February 2013)Summer 2014
hire Harvard Copyright Fellow, Katie Zimmerman (MLIS, JD expected 2016)Begin “scorch the earth research”Record data, write up, score, analysis, and the potential solutions (model legislation)Build website2/10/201614Slide15
Interesting unique works of state government
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Factors in addressing the scoring
State Attorney General OpinionsImplications of Copyright in State Code and CasesPolicy StatementsRecords Access RestrictionsOwnership StatementsStatements of the State Archives
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State ConstitutionHistoricity within StatePurpose Statement of Public Records Law
Relevance of Subsequent UseRelevance of Commercial UseStatement of an Official Advisory BodyGrants of Copyright in the State CodeSlide17
State Copyright Resource Centerhttp://copyright.lib.harvard.edu/states
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Openness Score
The Openness Score is a quantification of all of the indicators we've identified that a state will or will not assert a copyright interest in their public records. We've calculated the score by quantifying the arguments and factors related to the copyright status of government documents in that state – the same arguments and factors we describe in the text. These factors are based on the factors that courts have considered when deciding the copyright status of government documents in the states that have done so (take a look at
New York, Florida, California, and South Carolina to see how it turned out).
The openness score is the z-score of that quantification – it measures the number of standard deviations a state is above or below the average across all states.
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State Copyright Resource Center
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Interactive Guide to each State’s policies
Uniformity in presentation
Accessible and Mobile
Links to openly available laws, cases, regulations, and other linksCross referencing Bibliography for each state plus overall topic bibliography
UpdateableSlide21
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Sample Results from Survey and Analysis
State Constitutional Provision
Value
% with Value
Universal right of access included
+1
13%
Universal right of access included by interpretation
+0.5
4%
No constitutional provision
0
73 %
Right of access included for specific records only
-0.5
10%
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Purpose Statement
Value
% with Value
Statement includes concept of public ownership of documents
+1
8%
Statement describes public access to records as a value, but focuses on transparency rather than property
+0.5
58%
Plain statement of policy or duty, no statement of intent or motivation
0
31%
Statement focuses on efficiency of governance rather than access as a right
-0.5
2%
Statement specifically excludes intellectual property of the state
-1
2%
Archives or Library Policy Statement
Value
% with Value
Clear public domain statement
+1
12%
Limited public domain statement
+0.5
6%
No policy statement found
0
52%
Limited proprietary statement
-0.5
12%
Clear proprietary statement
-1
19%Slide26
We Need You! A Call to Arms!
The State Copyright Resource Center will not be complete without help from our fellow librarians, archivists, researchers, and others.Our first partner: FSGI
State specific experts needed and necessary to develop, update, and improve the State Copyright Resource Center
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Other issues/projects that impact this area
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Carl Malamud, public.resource.org
Uniform Law Commission, Electronic Legal Material Act (UELMA) Sarah
Glassmeyer, State Legal Information Census Report and BlogFree Law Project,
free.law (RECAP, CourtListener)Maine State Library, CC0 license Ohio, legislative solutionSlide28
Get Involved!Free State Government Information
http://stategov.freegovinfo.info/
State Copyright Resource Centerhttp
://dash.harvard.edu/copyright/
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Thank You!
Questions and Discussion
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Contact Us:
http://stategov.freegovinfo.info Free State Government Information