When it comes to digitizing large theater and music program collections, it is well-established that a library can digitize anything before 1923, and that if there are no copyright notices on them, can digitize anything before 1978. But if there are multiple "copyrightable" elements in the works (advertisements, photos, actor biographies, illustrations, etc.) is it okay to digitize them?
Answer
This is a complex issue (although not nearly as complex as assessing a library wing full of dramatic and musical works). To unpack this, I will take advantage of a form suggested by the topic: the opera libretto.
[Cue overture…]
ALTO: Can works with no copyright notice before 1978 be safely digitized?
We are in the process of transferring old VHS tapes to DVD and then to a secure internet cloud.
Answer
Putting the tapes on the cloud: it is great that educational institutions are saving and promoting their accumulated knowledge this way. But aside from the copyright issues the member asks about (which we’ll get to at the bottom of this reply), the transfer and publication of legacy instructional material[1] can bring some additional
We are putting together a commemorative calendar as a fundraiser to celebrate the library's 90th year. We're using old photographs that the library has and also photographs from old yearbooks. Is there an issue with copyright infringement in doing this?
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Before sitting down to write a "one size fits all" answer, I gave the member a call to discuss this project.
What happened on the call? I can't tell you; it's confidential. BUT, I can say that to give any advice, I had to ask the following questions:
We received two grant applications for projects involving the digitization of high school student newspapers/magazines. The schools have given permission for these materials to be made available on a historic resource-focused, free database.
Answer
It took me 4 cups of coffee to figure out how to reply to this question! And it’s not because I didn’t know the answer.
FERPA is the “Family Rights Privacy Act.” It bars disclosure of students’ “education records.”
“Education records” (like grades, disciplinary reports, attendance) are defined by FERPA as records:
Recently, our library has been given a collection of photographs that were previously on display in a local business location. These are photos of the customers of the business, many are children. These photos span several decades and are important to many.
Answer
To answer the member’s questions, we must start with the fundamentals.
When accepting a donation of culturally significant photos, an archive should have a donor agreement or other documentation that addresses the following things:
Does the donor solely own the physical photos?
Is physical ownership being given to your institution?
A member asked about a request for the library to provide copies of photos from yearbooks for a class reunion.
Answer
One of the reasons I enjoy doing “Ask the Lawyer,” is the diversity of questions, and the often esoteric subjects I get to research as a result. This question is a prime example.
When digitizing radio broadcasts of cultural significance (such as a talk show confronting social issues), must a library, museum, or archive remove any separately copyrighted songs before posting the recordings?
This question assumes that the library, museum, or archive owns or has a license to use the overall recording of the broadcast.
Answer
When digitizing radio broadcasts for online (not-for-profit, academic) access, there are a number of legal issues to consider: intellectual property, contract, privacy, preservation, etc. But the question focuses on copyright, so this answer does, too.
We have video recordings of campus speakers that we are interested in digitizing and publishing to an online platform. They are currently on VHS and/or DVD and available in the Library to be checked-out.
Answer
Part of the mission of higher education institutions is to bring important, provocative, and enlightening speakers to their communities. Over the years, this results in an impressive roster of authors, artists, professionals, politicians, comedians, dignitaries, and civic leaders, having spoken on campus.
We’ve recently had some questions regarding the ability to provide access to dissertations, theses, and other cataloged graduate work. How does the law govern these questions?
Answer
Many college and university libraries make it a practice to bind and inventory the academic work of their graduates—a tradition that showcases the achievements of the institution, maintains an important bond between the library and the faculty (who often sign the final copy, to signify approval), and allows graduates to cite and showcase their work. These collections are often honored institut
We are shifting away from VHS here on this campus (along with everywhere else), and have a question from an instructor about transferring a VHS tape to DVD. She's not able to get the tape on DVD or streaming, but knows that it's under copyright. Are there any loopholes to allow for making a digital backup of a VHS tape because VHS is an obsolete medium?
Answer
We’ll start out with the best advice: unless you stand on the legal high ground of a disability accommodation or a crumbling single copy unavailable in the original medium, when it comes to creating a new format of a work, written permission from the copyright owner is always best.
