Researching Copyright Answers

[Amritha FB <amrithafb@gmail.com>]

[Cross-posted please excuse duplication]

Lesley Ellen Harris has asked me to share her article on finding 
answers to copyright questions.  It is set out below.  Hope it's 
helpful!

Sincerely,
amritha@copyrightlaws.com


Researching Copyright Answers

We never stop investigating.  We are never satisfied that we know 
question.  This has become the greatest survival trick of our species.

Desmond Morris, British anthropologist, The Naked Ape, ch. 5 (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 do you go about the duties of your daily tasks 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 (whether you 
hired that consultant, or you are that 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.  Individuals and those who works in 
enterprises without in-house counsel often become adept at 
dealing with daily copyright questions.  This article 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 mechanism for 
keeping track of copyright issues.  Even if you are a very small 
enterprise, having a document that sets out a consistent approach 
to copyright (or a summary of how you dealt with past copyright 
situations) will get you into the "proactive" category.  Keeping 
your policy updated to reflect any amendments in the copyright 
law, new court decisions, and the application of copyright law to 
new technology is also important.  Keeping summaries of how you 
have dealt with digital rights uses, permissions issues, and 
other ongoing copyright situations, will provide some consistency 
in your workplace, and also some confidence in dealing with 
re-occurring situations.

One of the most useful parts of your written policy could be a 
section with questions and answers to basic and re-occurring 
questions on copyright law.  For instance, are you covered by any 
exceptions to copyright law?  (Libraries and educational 
institutions often are subject to certain exceptions.)  Do you 
have a license with a copyright collective (such as the Copyright 
Clearance Center or Access Copyright) which 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 develop a consistent approach to handling 
copyright issues in your enterprise.

Vetted Bibliography

Another helpful thing to do is to have a vetted bibliography on 
copyright law which you refer your colleagues to for general 
reading and for on-going education on copyright.  Keep the list 
short and only provide a list of those sources you have 
personally vetted and find easy to navigate (if online), and/or 
read and comprehend.  This way, you or your colleagues are not on 
a "wild goose chase" finding copyright information, but rather 
have some reliable resources at their fingertip.

A favorite Web site on copyright issues in general, which has 
some interactive portions is <www.benedict.com>.  An 
information-packed site on digital licensing is at: 
<www.library.yale.edu/~llicense/index.shtml>.  You may also join 
the discussion list serv at Liblicense, which is an excellent 
source for keeping up to date on licensing issues, and also a 
forum in which you may ask your licensing questions and share 
information with colleagues around the world.  Understanding the 
complexities of fair use is never an easy task, and one very good 
resource for this purpose is the Copyright & Fair Use site at: 
<fairuse.stanford.edu/>.

This list is just a beginning.  Take a look at these Web sites and 
search for your own sites, see what works for your enterprise, your
colleagues and the types of copyright issues that arise in your daily 
work.  Also, research print books that are relatively current and 
deal with copyright issues specific to your workplace.  There are
many copyright-related books so visit a library, do an online search,
and get recommendations from others about their favorite resources.

Do you belong to a professional association in your field?  Many 
professional associations, including those for creators of all 
sorts, publishers, museums, archives, educational institutions 
and libraries, have extensive copyright resources, specific to 
your needs.  If your association does not offer such resources, 
recommend that they develop a Web page devoted to copyright 
issues relevant to its members.

Other up-to-date resources may be materials from conferences, 
seminars and the ever-growing online seminars on copyright and 
licensing.  You may even hire a copyright lawyer to visit your 
enterprise and give an in-house seminar customized to your needs. 
Another idea is to hire a non-lawyer such as a licensing 
specialist, to have an informal talk with employees in your 
enterprise - a non- lawyer can often provide practical advice and 
may be less intimidating to those in your enterprise.

International Copyright

In accumulating your resources, keep in mind that copyright laws 
vary from country to country and there is no international 
copyright law. For specific copyright issues, ensure that you are 
using resources from your own country.  However, for 
understanding the bigger picture, history and philosophy of 
copyright law, visiting the World Intellectual Property 
Organisation ("WIPO", www.wipo.org) and reviewing copyright 
resources from other countries, can provide you with some 
interesting information.  Also, your national copyright office 
likely has some valuable copyright publications to help educate 
you on copyright issues specific to your own country.

On-Going Education

The general press reports many copyright issues, especially ones 
relating to peer-to-peer sharing, Google activities, and other 
high profile cases.  Try putting aside a couple hours once a 
month to search the Internet for new articles on copyright.  In 
addition, join some news services that email you copyright news 
headlines.

Attend sessions at conferences that deal with copyright, or 
specific copyright seminars offered by various associations and 
companies. The University of Texas crash course in copyright 
(which is free) is highly recommended.  See: 
<www.utsystem.edu/ogc/Intellectualproperty/cprtindx.htm>. 
Various online courses on copyright, licensing and managing 
content are offered by Copyrightlaws.com.

Changes in Copyright Law

Copyright statutes in all countries are amended from time-to-time 
and court cases change how we interpret those statutes, and apply 
the statutes to new and often digital media.  Keeping abreast of 
new developments is key to finding appropriate answers to your 
copyright questions.  With copyright a higher profile issue now, 
often reading general newspapers will lead you to copyright news. 
However, you can also regularly search various news sites for 
copyright updates, and register to receive updates and alerts on 
copyright news.

Carving a Niche

How do you, amongst your other busy work duties, have time to do 
all of the above?  Make a case to your senior management for a 
full or part-time position as a Copyright Officer (or whatever 
name it is called).  Copyright issues, and the application of 
copyright law, management of copyright issues and digital 
content, negotiating and interpreting license agreements, has 
grown tremendously in the past decade or more.  Copyright is a 
serious and complex issue that requires attention and time.  A 
Copyright Officer who can "manage" copyright issues in your 
enterprise (note:  not provide legal advice), may be able to save 
you money at your lawyer's office by your enterprise already 
having practical information on re-occurring copyright questions, 
and as a way of avoiding copyright infringements.

Conclusions

Copyright law is not straight-forward and there are many gray 
areas, including the interpretation of fair use/dealing.  It is 
impossible to have answers to all of your copyright questions but 
guidance in finding answers and appropriate reference materials 
can lead you to practical advice.  Keep a record of questions and 
answers that arise in your enterprise and if possible, at least 
occasionally consult a lawyer to review the questions (which you 
then incorporate into your written Copyright Policy.)

As a bottom line and best way to learn more about copyright law: 
keep asking questions!


To be published in The Copyright & New Media Law Newsletter, 
2007, Issue 2.  (http://copyrightlaws.com)

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