[Genealib] copyright of directories - copyright clearance center

[ECole at oakville.ca]

In Canada, the ruling by the Supreme Court has lead to a very generous 
Fair Use dealing.  Like many of the comments already expressed, I would 
have no difficulty placing such items in my Local History/Genealogy 
Collection for reference.  Should someone make copies for research 
purposes, that is certainly covered.  What they do with it outside of your 
building may be a different story, and well outside your control.

If you're interested in the details of the Court case, please see:
http://en.wikipedia.org/wiki/CCH_Canadian_Ltd._v._Law_Society_of_Upper_Canada

If copies from that collection are made by your staff for researchers, you 
may wish to consider a stamp or sticker to place on each individual page. 
Time consuming?  Yes, but it certainly limits what can be done with those 
copies once they leave your building.  If someone was planning to use them 
for non-research purposes, it'll make it more difficult.  If it's true 
research, then the researcher will have little issue with the marking.

Our sticker reads as follows:

"The copyright law of Canada governs the making of photocopies or other 
reproductions of copyright material.  This photocopy is made for research 
purposes only."

As for videos, teachers, etc. take their chances with anything not marked 
"Public Performance" which we ensure are clearly labelled.  I haven't 
heard anything about a student showing a short  bit from a documentary, 
etc. for the purposes of highlighting their thesis when presenting to a 
class, but that might vary between Canada and the USA.

Good luck!

Elise

Elise C. Cole, BAH, MLIS
Local History Librarian & AskUs? Coordinator
Oakville Public Library
120 Navy Street
Oakville, Ontario, L6J 2Z4
Tel. (905) 815-2042, Ext: 5037 
Fax. (905) 815-2024 
Click on AskUs? if you have a question! 
Librarians Helping Canadian Genealogists Climb Family Trees Blog



"Don Litzer" <Dlitzer at acpl.lib.in.us> 
Sent by: genealib-bounces at mailman.acomp.usf.edu
06/05/2006 12:32 PM
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Re: [Genealib] copyright of directories - copyright clearance center






Agree with most of what James said, up to the last sentence.  I faintly
recall a news item within the last year or so where a teacher was nailed
for showing a feature film in a class, because the showing was deemed to
be solely entertainment-oriented, and without an instructional purpose.

james_capobianco at emerson.edu 06/04/06 6:35 PM >>>
-----------
Joyce Bak wrote:
Pam,
IN regards to your copyright question in regrads to the directories,
you 
could contact the following company to get an answer. I took training 
with them this Spring through NEFLIN, and it was very good. This is the

Google site info:

The world's premier provider of copyright licensing and compliance 
solutions for the information content industry. Get reuse permission
for 
millions of *...*
www.copyright.com/ - 18k - Jun 1, 2006 - Cached 
<
http://64.233.161.104/search?q=cache:2lrM3d3lWpgJ:www.copyright.com/+CCC&hl=en&gl=us&ct=clnk&cd=2
>

- Similar pages 
<http://www.google.com/search?hl=en&lr=&q=related:www.copyright.com/>
----------------

I'd like to suggest that the Copyright Clearance Center is not best 
place for libraries to turn for advice regarding copyright. Their 
business, as Joyce wrote, is "copyright licensing." They have a 
financial stake as to whether libraries decide they need to pay for 
copyright clearance. Not a very good place in general for libraries to

seek advice about copyright matters, before they've decided they need
to 
license materials. (It's like asking a life insurance salesman whether

they need to buy life insurance)

Since Pam was talking about legally obtained printed materials, there
is 
no need to be afraid of a copyright notice on such material as it 
concerns having a copy in a library collection. It is perfectly legal 
and the basis for libraries to begin with that after buying any 
copyrighted item legally (or having it donated), the item may be held 
and lent to patrons.

The warning specifically deals with reproduction by copying or in an 
electronic database, which is a different matter.

Also, in general, copyright warnings must be taken with a grain of
salt. 
Photocopying in most instances, for personal research of limited 
portions, is protected by fair use provisions of copyright, regardless

of what a warning says. Just like when a DVD or Video warns that it 
cannot be shown to a gathering of people without permission and paying

for licensing, while not taking into account that it is perfectly legal

and in the copyright law that instructors can play the whole of any 
legally obtained video in class, without seeking permission.

Best,

James

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