RIGHTS & PERMISSIONS TO PUBLISH DIGITAL COLLECTIONS
Copyright:
Copyright and intellectual property rights for information in digital
form must be addressed. Essentially, when organizations put up unique
collections in digital formats, they are acting as "publishers."
Libraries are responsible for obtaining rights to publish and permissions
to use or distribute material. Where the collection materials are in the
"public domain" or have clear statements of rights and permissions
costs for these factors will be significantly reduced. Just because a
library has documents in the collection doesn't mean it owns the digital
reproduction rights. Rights and permissions will be one of the important
criteria to consider when selecting collections to digitize. Determining
the legal status of selected collections or documents is an important
step in the selection process. Once specific items are selected for inclusion
in the project legal status must be determined. Document any efforts to
seek permissions to use material. Keep track of all steps taken to look
for unidentified copyright owners or to ask for a right to digitize the
materials, and publish them online. A routine established for documentation
must be in place as part of the selection process.
While libraries and historical organizations may be well acquainted with the concepts of copyright, fair use, and public domain as they apply to books, serials, or museum objects, the laws governing digital copyright and digital publishing are less well known. The organization will need to assign at least one staff member of the project to become familiar with the provisions of the Digital Millennium Copyright Act (DMCA) of 1998. Library of Congress copyright site http://www.loc.gov/copyright
Some important provisions of the act include:
Obtaining rights
and permissions:
An example of the process for obtaining rights and permissions can be
found by examining the case of the project to digitize the photographs
of Frank Matsura. The Washington State University negotiated the rights
to digitize and publish copies of Matsura photographs in the university
collections. After a lengthy series of communications and negotiations,
the Okanogan Historical Society granted a limited right to digitize and
publish selected images created by Matsura. The Society had obtained the
ownership of Matsura's works as a gift. (WSU
project report: example case history of WSU/Okanogan Historical Society)
When you are dealing with unpublished text materials acquired by your organization before 1978 and whose ownership may be clouded, consider waiting to digitize the collections until after December 31, 2002 when items published before 1978 will enter the public domain. Use copyright notice statements on your own digital site to inform users of the copyright policy of the organization. Indicate the status of the materials on the site, inform users if any of the materials are in the public domain. Remain informed about changes in copyright laws, consider joining one of several discussion lists pertaining to copyright and cyberlaw.
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