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Practical Copyright Advice Is Closer Than You Think
"We never stop investigating. We are never satisfied that we know enough to get by. Every question we answer leads on to another question. This has become the greatest survival trick of our species. "
-Desmond Morris, British anthropologist, The Naked Ape, 1967
Most of us have more copyright questions than answers. And similar to British anthropologist Desmond Morris, each question often leads to yet another question. Even answers about copyright law seem to lead to other questions about copyright. So how does a librarian go about his or her everyday job when a question inevitably arises about the interpretation of a license agreement, what percent of a work may be used without permission, and who owns a report prepared by a consultant?
Part of copyright management is dealing with the multitude of questions without constant delays in work and large attorney bills. It means having a mechanism in place for dealing with repetitive copyright situations. Even those in enterprises with in-house attorneys may not obtain speedy responses and may require such mechanisms. Librarians without in-house counsel often become adept at dealing with daily copyright questions. This column sets out various suggestions of incorporating a mechanism for dealing with repetitive copyright situations.
Be Proactive
Having a written copyright policy is a great way to initially educate those in your enterprise about copyright issues. Keeping it updated to reflect any amendments in the copyright law, new court decisions, and the application of copyright law to new technology is also important. One of the most useful parts of your written policy could be a section with questions and answers to basic and reoccurring questions on copyright law. For instance, is your library covered by any exceptions to copyright law? Do you have a license with a copyright collective (such as the Copyright Clearance Center) that allows for multiple copying of a periodical article in specified circumstances? How do you obtain the right to use an image you find on a Web site? By listing questions as they arise, and providing practical solutions, you will...