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State Government Information - PPT Presentation

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

copyright state statement 2016 state copyright 2016 statement government public library resource information documents score access harvard records digital

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Slide1

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

2/10/20162Slide3

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

2/10/2016

3CONTACT US: http://stategov.freegovinfo.info

Free State Government Information Slide4

What, Why

2/10/20164

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

2/10/2016

5

Immediate

Long TermLegislative ChangeExecutive AuthorityCreative CommonsSlide6

HOW: Perspectives and Projects

2/10/20166

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

2/10/2016

7

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

2/10/20168

www.hathitrust.org

Archiving for preservation

State legislative language

Seeking permission from state agentsPublicly available vs public domainCopyright review pilot projectSlide9

2/10/2016

9Slide10

IMLS funded copyright review

2/10/201610

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

2/10/201611

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…

2/10/2016

13Slide14

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

2/10/201615Slide16

Factors in addressing the scoring

State Attorney General OpinionsImplications of Copyright in State Code and CasesPolicy StatementsRecords Access RestrictionsOwnership StatementsStatements of the State Archives

2/10/2016

16

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

2/10/2016

17Slide18

2/10/2016

18Slide19

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.

2/10/201619Slide20

State Copyright Resource Center

2/10/201620

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

2/10/2016

21Slide22

2/10/2016

22Slide23

2/10/2016

23Slide24

2/10/2016

24Slide25

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%

2/10/2016

25

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

2/10/2016

26Slide27

Other issues/projects that impact this area

2/10/201627

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/

2/10/2016

28Slide29

Thank You!

Questions and Discussion

2/10/2016

29

Contact Us:

http://stategov.freegovinfo.info Free State Government Information