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Intellectual Property & Remix

Public Group active 9 months, 3 weeks ago

For discussion of our module on Intellectual Property & Remix.

Discussion: As you read and explore this module, what strikes you as some of the most important considerations for library Web designers in relation to this time of remix, re-use and re-evaluation of copyright?

  • Kimesa posted an update in the group Intellectual Property & Remix:   9 months, 3 weeks ago · View

    Posting #1

    I found the readings for this section interesting, especially the article on website plagiarism. I was actually quite surprised by that particular article. I agree that the wholesale copying of the content of someone else’s site is wrong, and by this I mean all of the visible elements and content of a website – the text, the images, the links. The matter of the actual code used to create a site, that’s a lot trickier for me. I see HTML, XHTML, and CSS as building blocks, like bricks or concrete blocks or even Legos. For some things there are only a limited number of ways you can write the code in order to achieve the results you want. Since this is the case, two people can sit down and write very similar code. When you come across a website that does something interesting, and you work with HTML, I think it’s only natural to look at the source code and perhaps play with it a bit to see how it all works. By exploring other people’s code you learn things you might not otherwise learn and that leads to innovation. Up until now I knew just enough about HTML to be able to look at the source code on broken pages to find links, but I haven’t really known enough about HTML to be able to look at the page source and really understand what I’m looking at. I think encrypting your HTML would be a very bad idea. Without the sharing of code I don’t the think the internet would be the place it is today.

  • John Sebastian Ferrari posted an update in the group Intellectual Property & Remix:   9 months, 3 weeks ago · View

    (posting 2)
    Let me first say that I understand the reasons for which copyright laws were created and I even agree with the sentiment. I don’t believe that artist should die broke while companies make millions off of their intellectual property. My problem is that I do not believe that our conception of intellectual property is up to date with where we stand artistically or culturally. Come to think of it, I am not really sure that copyright as it exists now is doing anything more than propping up the old ways of distribution, which economically favors the companies over the artists. All too often digital transmission of intellectual property and peer to peer sharing is cast as “piracy”. On some level, it may in fact be piracy. But those same technologies that have are seen as criminal, have also done an enormous amount of good for any number of artists. Napster, torrents, and Youtube may let me download or listen to music for free, but it is also an opportunity for artists to get their art out in the public conversation. These technologies have allowed for artists from around the world to obtain a global audience. Before the internet, it is doubtful that many fringe genres would have ever built an audience large enough to justify a global recording contract. The internet has made that possible. I understand the frustration many artists who found success via the traditional way must feel. The fact of the matter is that the world is changing fast and paying homage to laws 3 decades out of place is simply not culturally productive. There has to be a way to protect the artist and accept that in the new era, digital sharing is a reality that cannot be litigated away. I really think libraries need to be on the forefront of pushing for radical alteration in terms of fair use laws. It is after all obvious that most of the major companies are trying to write libraries out of the game completely. Libraries were created to preserve of our national cultural heritage. We need a radical new dedication to preservation and dissemination.

  • John Sebastian Ferrari joined the group Intellectual Property & Remix   9 months, 3 weeks ago · View

  • Lian Sze posted an update in the group Intellectual Property & Remix:   10 months, 2 weeks ago · View

    I was at the ACRL conference this past week and a team from the Columbia University presented a paper on the digital archive that is currently at their college: http://library.columbia.edu/indiv/humanrights/hrwa.html. Developing an archive for webpages is a difficult task, with the internet being so dynamic and its contents changing at a breathtaking pace. One of the difficulties mentioned was the seeking of copyrights, since Columbia University has the rights to archive these pages for an academic purpose, yet they want to take the time to get the permission from the creator of these pages.
    A good point that was brought up in their copyright statement is that because a webpage is often a joined effort, there could be an image or a specific part of the webpage or website whose copyright belongs to another person other than the website’s owner. This could make the process of requesting for copyright quite difficult. However, archiving webpages is an important part of keeping the history of the internet. Copyright laws for the internet is definitely going to be a hot topic in the next few years, and it is going to be interesting to see how librarians will fit into this conversation.

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      Lisa West · 10 months, 2 weeks ago

      I have also heard of this copyright problem with rereleases of older music on LPs. So many people collaborate that even if the consent of the primary artist (such as the vocalist) is given, they cannot locate the supporting artists (such as the background vocalists or session band) for consent and therefore cannot release the work.

  • KAReed posted an update in the group Intellectual Property & Remix:   10 months, 2 weeks ago · View

    Here are some arguable DNA copyright issues. First, a team used James Joyce to tag their synthetic DNA sequence, without permission of the Joyce estate.
    http://www.geekosystem.com/bacteria-violated-copyright-law/#
    Second, when is a chicken no longer a chicken? And is the estate of the first DNA cloned entitled to some compensation?
    http://www.guardian.co.uk/science/2000/jul/31/genetics.internationalnews
    Copyright Yourself!
    http://news.bbc.co.uk/2/hi/uk_news/1494746.stm

  • KAReed posted an update in the group Intellectual Property & Remix:   10 months, 2 weeks ago · View

    Post 5
    Lisa Bowman describes the tension between the all out free share files over the Internet and the commercial bundlers of e-resouces who can charge your library a bundle. Some bundles are cheaper than others (http://www.zdnet.com/news/librarians-targeted-in-latest-copyright-battles/116275 ). A world of “perpetural rent” favors the e-file holders. Somewhere out there are the writers and artists who deserve to be paid for their work. I was one of those radicals calling for free access. When I visit the library, the book they own is available to me for free. I can browse it, read it or borrow it. The library has always been a site of radical liberation for ordinary people concerned about their pocketbooks. Yet, the corporate control of electronic bundles makes me concerned about the exploitation of libraries.
    Shirley Duglin Kennedy offers a nice summary of the copyright law (http://www.zdnet.com/news/librarians-targeted-in-latest-copyright-battles/116275). Until I took a serials course in library school I was not concerned about borrowing photographs or music and placing the files on my own Facebook or in my hard drive. Library school taught me the cruel truth about copying and sharing files, that it was illegal to distribute them without paying royalties. Nonetheless, it is almost impossible to avoid violations of the copyright committed by friends and others sharing stuff. The Washington Post article by Monica Hesse reminded me of a recent incident in my own lifter life (http://www.washingtonpost.com/wp-dyn/content/article/2008/01/08/AR2008010804626_pf.html). One of the schools where I work installed a strong filter that erases borrowed files downloaded from Facebook. I just booted up, connected to their wi-fi with a quick consent to the check box, and then, three file folders with photographs of acquaintances lifted from Facebook disappeared. I knew that I had hoarded them illegally, but they were cute, poetry events, a surfer friend at the county fair out in California. Zap, caught me stealing and erased the files. I can look at their pages and find the photos again but it is time consuming. I don’t poach strangers, but then again, I did not inform acquaintances that I had made a copy of a picture from their albums and placed it on my hard drive. My bad! In a way I admire the school for creating such a strong trap. The same school does not have public scanners in the computer lab. You have to go to the library and sign in to use the scanner, right next to the librarian, so you really can’t scan photos or magazine images without being seen here. As a librarian, it is a tall task to maintain user privacy and be vigilant for photo thieves at the same time. Steal This Film is a classic rad site, but I wonder if ECC filters would block it.
    Jamendo free music linked to the Creative Commons? I could browse and play here for hours. I am looking for some background music for Captivate presentations that I am going to file on my web server and store locally as flash files. I like the Creative Commons, although all of my published professional work is controlled by corporations that do not allow free sharing. I received no compensation or royalties for giving them this content to publish under their prestigious banner. I did not get tenure and I am not subsidized or compensated for any further publications, although I have quite a bit I could work with. I want to free share my work, because few people read it and many people doubt it exists, but I am the unpaid slave who helped the corporate for profit publisher make money. Bah Humbug, up the revolution. Would I feel the same way if I was as rich and popular as Stephen King? I am now more respectful of ”internet properties” than in the past. Asa librarians I probably will be concerned about protecting authors from abuse and following fair use guidelines. Library school did change my views by forcing me to read the law.

  • Lisa West posted an update in the group Intellectual Property & Remix:   10 months, 2 weeks ago · View

    An interesting tidbit that came my way,”The Ministry of Education announced that 670,000 textbooks are lost by Tsunami. The new academic year in Japan starts tomorrow, 1st of April.
    Libraries and publishers share a general agreement on transfer of digital copy of copyrighted materials to help disaster victims without permission.”
    Hiroshi Kawamura, President of the DAISY Consortium
    http://www.daisy.org
    e-mail: hkawa@atdo.jp
    twitter: hkawa33

  • Annie Baumann posted an update in the group Intellectual Property & Remix:   10 months, 2 weeks ago · View

    Hey. Saw this on reddit this morning, enjoy:

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      Elaine Mernick · 10 months, 2 weeks ago

      Very cool video – thanks for sharing! She explains it in such a clear way it’s hard not to feel like the guy’s copyright claim is ridiculous.

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      Lisa West · 10 months, 2 weeks ago

      Really liked the video. I had no idea that people wrote music to ∏.

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      KAReed · 10 months, 2 weeks ago

      This was clever and fun. It reminded me of the debate over copyrighting DNA sequences. You cannot copyright the building blocks of life forms, but you can use sequences in ways that support kits and experiments that are copyrighted. Did they settle that debate?

  • Annie Baumann posted an update in the group Intellectual Property & Remix:   10 months, 3 weeks ago · View

    Post #2

    Has anyone seen the old television series ”Connections?” (You can watch it for FREE on Youtube: I’ll attach a link as a reply to this post) It was first aired on BBC in the late ‘70s. James Burke, a science historian, explains how each major invention throughout history has shaped the next, and, ultimately, our current society. Sharing of technological findings and accomplishments has been so important for the advancement of our society, that without the simplest finding in the long chain of historic technological advances we would not be where we are today. If sharing is so important for technological advancement, it’s just as important for cultural advancement.

    In ”Steal This Film Part 2,” Sebastian Lutgert makes an interesting point: when a new technology or mechanism for copying is invented, it shapes people’s habits. It changes the way people create, share, and what they can relate to (14:20). It seems that the shift from an overly copyright protected society to a society of remix and sharing is inevitable. The technology and behavior is already here, and has been here for awhile (even longer in the context of print media sharing and publishing).

    The fourth principle of the ”Code of Ethics of the American Library Association” states that “[w]e respect intellectual property rights and advocate balance between the interests of information users and rights holders” (www.ifmanual.org/codeethics). We also, however, uphold the principles of intellectual freedom and are stewards of our society’s collective knowledge and culture. How can we, then, not facilitate or advocate for this culture of remix and sharing? As Lessig said in his interview, intellectual property rights should currently be respected, but maybe we, as a profession, should make a stand for the advancement of a remix/sharing culture.
    As always when I read something about copyright, I was surprised about the extent of copyright on the web. I had not even considered that code could be copyrightable, even though it is an artistic expression. This is something extremely important for librarians to be aware of – not only for educating patrons, but also for maintaining a (legal) website. As libraries of all types increase their web presence, awareness of internet copyright laws are extremely important.

  • Patricia Dantis posted an update in the group Intellectual Property & Remix:   10 months, 3 weeks ago · View

    Post 1
    I never really thought much about copyright until I began working on my MLIS at Dominican University. We went over it the third or fourth week in LIS 701 – Introduction to Library and Information Science. After the lecture, I thought back to all of the presentations I created during my undergraduate and professional career; I never cited any of the images, videos, or songs that I used. I was alarmed to say the least. When I write, I find myself citing sources all the time. I always want to make sure that I credit the person whose idea I am stating or building upon. I never really thought about giving credit to the person who created an image or video I found online.

    My thought process has completely changed since I realized how much copyright law affects my profession and information sharing in general. Librarians not only have to be aware of patrons copying CDs and DVDs, but also, books and journals as they become more widely available electronically. As copyright holders try to exert control over their works using digital rights management (http://en.wikipedia.org/wiki/Digital_rights_management), librarians must also consider whether “purchased” digital resources will still be accessible if database subscriptions are discontinued. It seems ludicrous to me that libraries and librarians have come under fire during copyright battles, but as Miriam M. Nisbet stated in “Librarians targeted in latest copyright battles,” (http://www.zdnet.com/news/librarians-targeted-in-latest-copyright-battles/116275) libraries strive to ensure access and copyright law is designed to restrict access.

    I’ve come a long way from that evening in LIS 701. Whenever I deal with any document, whether it be an image, video, or website, I consider my use of the document and decide how I should credit the creator or copyright holder. I constantly suggest that my husband and friends do the same. I’m pretty sure they’re annoyed with me!

  • Lauren Balliet posted an update in the group Intellectual Property & Remix:   11 months, 2 weeks ago · View

    I remember being a teenager, writing my silly teenager poetry and songs, and wondering if I had to send in a request to a government office before I could put that little ©-symbol at the bottom of my webpages – which undoubtedly had some stolen code. I had no idea that my work was copyrighted the moment I created it. I also had no idea, until these readings, that taking code was a violation of copyright. Understandable for a teenager, but even some Dominican instructors have told me that it’s okay to take code from other websites.

    To me, that shows just how complicated these laws can get, that we as librarians (i.e., distributors of copyrighted materials) don’t always understand how they work. The Rule of Thumb article was helpful, but it was geared toward university usage, and it got me wondering if my own constant stealing of images from Google has been ignored and even encouraged because I’m a tuition-paying student in an educational institution.

    But what about taking copyrighted images from a Google search and putting them in a PowerPoint presentation given in a public library? Is that still “educational,” even though the patrons aren’t paying tuition? Maybe it’s okay if the PowerPoint is given for an educational purpose, like a web searching workshop – but what if it’s used to for marketing purposes, to convince patrons to use a new service in the library? Does it matter that it’s a free service, or is it still infringing copyright? Does it matter if there’s somebody in the equation – not the library, but a third party – who would benefit from use of the service, for example, a database provider? Does it matter if the image is just used to make a pretty background? What about desktop backgrounds that aren’t educational but aren’t commercial: is it illegal for us to set our public computer wallpapers to a photo from National Geographic? And as a patron, isn’t it technically illegal for me to just look at Nat Geo photos on a public computer since I’m inadvertently “displaying” them?

    After all of the readings, I feel hyper-aware of infringing upon somebody’s copyright, but still really, really confused. I started a blog recently for my family and friends in Pennsylvania (http://urban-exploits.blogspot.com/), but I’ve barely posted; instead, I’ve spent hours on Creative Commons searching for a satisfactory photo of ha cheong fun (those lovely shrimp rice noodle rolls they serve at dim sum places). I’m not even totally sure if I’m doing it right – if I can just use the images, if I have to specifically credit authors for their photos, or if it’s even necessary to use CC since only a handful of people will ever see this blog and it’s not commercial.

    A manual I encountered in my LIS 881 class this weekend does provides some clear advice of when it’s okay to digitize (http://ecommons.cornell.edu/bitstream/1813/14142/2/Hirtle-Copyright_final_RGB_lowres-cover1.pdf). At almost 300 pages it’s not practical reading, but it shows that there are people trying to make sense of copyright laws. I noticed it’s big universities with a lot of funding who are making these guides: overtly educational institutions protected by fair use, serving rather small academic communities. Who is creating guidelines for underfunded public libraries, which serve the general public and provide them with Internet access that may be used for commercial purposes?

  • Jenn Hovanec posted an update in the group Intellectual Property & Remix:   11 months, 2 weeks ago · View

    I admit it. I watched the Grammy Awards this year for the first time in a long time. I’m a huge fan of music; I’m a huge fan of fashion, too. For the most part, though, I don’t feel like the right people win awards. It seems like a huge popularity contest. This year, however, I was intrigued by a speech given by Neil Portnow, President of the National Academy of Recording Arts and Sciences. In his speech, which you can read the transcript of at http://www.grammy.com/news/the-recording-academy-mission , Portnow makes reference to artists getting compensated for their work, among other things.
    I would like to know who exactly Portnow is speaking about, as well as to whom he is speaking. It seems as though he’s trying to reassure the dues-paying members that their work is safe. But, are the people who are in that audience the only ones who are in need of protection? This brought to mind the article, “Hey, Isn’t That…” from this week’s readings. There are not just famous people in need of protecting. The situation certainly works vice versa. This article represented a case of “the industry” taking advantage of the little guy. But, who is speaking out to protect them and their interests? It’s also obvious, especially in the recording industry, that not everyone feels that mashing songs is a bad thing. Look at GLEE (obviously, because it’s televised, there’s GOT to be legal issues worked out ahead of time). Follow Lady Gaga on Twitter; she frequently tweets Youtube videos that her fans have posted. She is constantly THANKING her fans for remixing her songs and doing videos (Like this Tweet from February 22: “Such a doll. Monstercovers are all beautiful. I love this song so much, thanku [sic] for giving it life.” And it includes this link: http://www.youtube.com/watch?v=nTW-14e6KsE . Ironically, “this video is no longer available due to a copyright claim by Warner Bros. Entertainment.” Who wins here? Is it a sad irony or the way that business works?

  • kelly posted an update in the group Intellectual Property & Remix:   11 months, 3 weeks ago · View

    Simply being in this MLIS program has made me realize how much I don’t know about copyright laws. Reading the articles posted for this module has reinforced my belief that I need to learn more about this subject, and so I was happy to see a link to Section 108 of the US Code (http://www.law.cornell.edu/uscode/17/108.html) on the page for the ”Fair Use of Copyrighted Materials” article (found at http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm). I read through Section 108 and noticed that is says ”nothing in this section shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law”. I work at two public libraries, and this made me wonder whether or not we have anything posted on our copy machines.
    I have to admit that I was fascinated by the article ”Librarians targeted in latest copyright battles” that can be found at http://www.zdnet.com/news/librarians-targeted-in-latest-copyright-battles/116275, because I have often thought about this particular issue myself. I have always felt that the fact that libraries are legitimately purchasing the materials combined with the fact that libraries are not for-profit institutions makes it ethically okay for us to share these materials, but I can see why publishers would feel otherwise. Is it “fair” that the writer of a book and the publishers of this book may not sell as many copies because some people are borrowing it for free from the library? No, not really. However, I believe that free access to information for all people in this country is more important than someone possibly receiving a little more money, because it is this kind of access that gives democracy meaning. Without education, democracy is no longer relevant, and since there has yet to be a time in this country where all citizens can afford to buy the materials and classes necessary to educate themselves, I would argue that the need for the existence of public libraries is greater than the need for publishers and authors to make a little more money.

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      Jenn Hovanec · 11 months, 3 weeks ago

      My inner-librarian is right there with you on the open access statement. I’ve often looked at the signs that are posted at our copy machines and thought what a joke they are. I’ve never seen a patron stop and read those signs; I’ve never seen a parent mention it to a child. Don’t get me wrong; I’m not saying it can’t happen, but the likelihood of a sign stopping someone from making a copy of something that he needs for school is slim to none.

      I often wonder why this rule is still in place? Most people don’t even understand what Copyrighted means until they are smack dadb in the middle of a situation where copyright’s been infringed. I’d imagine if people were asked to explain what copyright means, there would be few who could do it correctly. We’re given this backdoor mentality when it comes to copyright. It’s as if the world has been taught, ”You shouldn’t use this work for your own purposes, but no one is going to stop you.” We’re expected to make the ”right decision.” It seems uneven to me that copyright can be enforced when it’s fiscally sound for someone, but it isn’t always fully explained.

  • kelly joined the group Intellectual Property & Remix   11 months, 3 weeks ago · View

  • Phyllis Kastle posted an update in the group Intellectual Property & Remix:   11 months, 3 weeks ago · View

    Posting #1
    Initially, I had a hard time coming up with any meaningful response to the IP/copyright issues discussed in the reading. I think librarians know what copyright and fair use are, and libraries are full of policies and procedures to prevent people from stealing ideas. As Shirley Duglin Kennedy says in her article http://www.infotoday.com/cilmag/jun01/kennedy.htm , the problem is not the lack of legal presence or guidance to never do anything at all nearly controversial. And how big of a concern could it be if people are photocopying books for the wrong reason if we can even afford a coy machine to works?

    While watching The Social Network recently, it occurred to me the speed with which these infringements usually occur. It isn’t that a library fails to have a policy in place to prevent copyright infringement. The problem is that in the moment, somebody makes a decision that seems like the right thing, but later burns them. With shrinking funding, these are the times when we can be most tempted to borrow an idea or design, or to accept ‘donations’ for something that we elsewhere rationalize as a free service.

    So, should I make a big red banner with bold black letters and hang it by the street to remind folks that the library is a great place to download movies or rent them and easily return them to the big red metal box by the street, and see how long it takes before Redbox or Netflix calls?

  • thillier posted an update in the group Intellectual Property & Remix:   11 months, 4 weeks ago · View

    When I decided to go back to school, I never thought that copyright would be that much of a concern. With the exception of the cases of citing and plagiarism, I never really considered a form of ‘electronic plagiarism’ if you will. There is a complexity and misunderstanding of copyright laws & concepts that the issue. Needless to say I had a lot to learn and most of the materials we read for this discussion was the Fair Use of Copyrighted Materials page. What I especially found interesting was the Four Factor Fair Use Test found with this link: http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#test.
    What was really handy was how the material was set up. Part of the FFFUT (link found here: http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm ) is to sort through the ambiguities that lurk about copyright and fair use and this information did just that. The one thing that I really thought was redundant was the use of the numbers for grading. At the end of the first section is the following:
    “Actually, numbers wouldn’t make the analysis any easier: copyright owners and users would have just as much trouble agreeing on weights as we have agreeing on any other judgment about fair use.”
    I understand the concept in using the number system. However, by using the above statement it is almost like they are more theoretical then concrete. Despite this, I used a similar method when I worked at a museum. When we worked on advertising, there were times when copyright could be an issue. If we had sponsors or companies gave donations, we wanted to make sure that all was copyright friendly. Even though we had never had any issues we didn’t want them to start. I think that is a big part of working with copyright. Do your homework and make sure it looks like you are putting forth the effort to obey copyright laws.

  • Anna Ha posted an update in the group Intellectual Property & Remix:   12 months ago · View

    Posting #1
    Copyright, to me, can be a very daunting subject, but is also extremely interesting! I find myself fascinated by the conflicts that arise when new technologies cause clashes with outdated regulations and the approaches that are taken to resolve them. Last year, a major issue in academic institutions was the streaming of copyrighted videos on course websites (http://www.insidehighered.com/news/2010/01/26/copyright). While it is deemed fair use to show these materials in a classroom setting, the law had not yet been updated to reflect distance education courses. Some argued that online classes did not qualify as “face-to-face” instruction and were in violation of copyright. In the music industry, the leaking of albums continues to be a problem. However, it seems some record labels have begun partnering with blogs to provide downloads as teasers. This maneuvering has allowed them to change what was once a problem into a marketing tool.
    Terry Gross boils “Remix” down to this: “When a new technology comes along and it changes the culture, you can’t just try to fight it. You have to recognize its existence and figure out how to deal with it in a productive way.” This ability to adapt to change is the key to Lessig’s argument and the success of librarians dealing with copyright issues (and all areas of librarianship, really!). In addition to understanding and adhering to copyright regulations, it is also crucial for librarians to help educate people about intellectual property issues. I don’t necessarily mean holding long lectures about copyright, but practical things, such as helping users avoid infringement by providing guidance. One way could be through various tools. I was recently introduced to OpenAttribute (http://openattribute.com/), a tool that makes it easier to credit any Creative Commons licensed work. By making the task of crediting simpler, people are more likely to do it. To encourage the sharing of content from your website or collection, making the usage rights clear to the user is helpful as well as providing the functionality for sharing via social media, which allows it to be easily tracked back to your site. I think the Smithsonian Commons (http://www.si.edu/commons/prototype/) does a great job incorporating both of these elements (http://www.flickr.com/photos/46758972@N00/4691641718/in/set-72157624129123275/).

  • Elaine Mernick posted an update in the group Intellectual Property & Remix:   12 months ago · View

    Posting #1

    This week’s reading brought me back to my old job in marketing at an intellectual property law firm and my (seemingly) endless phone calls and emails to publishers seeking permission to post articles or presentations authored by our attorneys to our website. This was a very time-consuming and sometimes frustrating task, but absolutely necessary, since the last thing an IP firm wants is to have its compliance with IP law questioned. Looking back, I see a valuable concept to take into librarianship, particularly relating to web design: Though it may be more time-consuming to do something the right way, it will be worth it in the long run. It can be tempting, especially in times when we’re all being forced to do more with less time and money, to take the quick way out – after all, what are the odds of actually being caught? But by resisting this urge and doing things like ensuring we have proper permission and attribution for images or using best practices for linking in our online pathfinders, we are not only setting a good example for patrons/students, but also hopefully setting the stage to have more influence in other areas in which copyright law impacts libraries, like access to and ownership of information in an era of e-resources.

    I think this influence will become important as the rules around copyright evolve to better meet our current world. When I began looking at fair use in the context of libraries last year, I asked an IP lawyer friend of mine what he knew about the issue. He basically said it was an area in which the law can’t keep up with the technology – by the time you have new case law, the technology has evolved again. To me, this seems like a great reason to take a look at the bigger picture, determine why copyright law exists, and generate new standards that fit our digital era. As Lawrence Lessig and others who argue that the law is outdated explain, there are definitely benefits to the Remix culture, despite the fact that much of what people are doing is currently illegal. I came across a website/trailer for a documentary on this subject that looked pretty interesting: http://ripremix.com/ (it gets less weird after the first 45 seconds). After seeing the trailer’s argument for the creative benefits of sharing, I thought about Lessig’s discussion of the original intention of copyright law: as an incentive to create something new. Viewed in that respect, the concept of Remixing actually seems to do more to be creative than strictly following copyright laws does. However, the cynic in me recognizes that the biggest barrier to changing the way this works is another thing mentioned by Lessig: money. As long as the deepest pockets are benefitting from the status quo of copyright law, those companies will continue fighting to keep their profits, regardless of what the original intent was behind copyright law. Since the law doesn’t look likely to be overhauled any time soon, we need to figure out how to operate in the meantime.

    I found a blog post by a teacher librarian (http://cjpeterso.edublogs.org/2010/03/06/copyright/) that shared philosophies related to dealing with copyright issues in school libraries (ignore the Canada-specific paragraph) and pointed to additional resources. One section paralleled my thoughts about a concept I think is a great one for us to spread as librarians: digital citizenship. As the Washington Post article and stories from others clearly show, people whose personal work ends up where they didn’t intend for it to be frequently become more invested in upholding copyrights. When people see the benefits to themselves, I think they in turn become more respectful of the rights of others. For example, by working with a teacher on a lesson in which high school students create content and share it through the Creative Commons, you’re teaching more than just the skills related to the tasks at hand. You’re getting the kids to think as creators and maybe reconsider how to use other people’s work appropriately.

    Copyright compliance is definitely a big issue, and one that will only continue to expand in scope as digital resources evolve. While I hope the law will be updated to make it more practical to follow, our goal in the meantime should be to do what we can to follow the law and educate others on ways to do the same without eliminating creativity.

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      Kristen Adomovicz · 12 months ago

      Thank you for sharing the link to the documentary – it looks really interesting! It also reminded me of how ridiculous (in my eyes) copyright laws can be – 5 years in jail and fines of $250,000 per song downloaded! Punishments for exceedingly worse crimes are often less severe.

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      Lisa West · 12 months ago

      I liked the trailer for the documentary. Wow, I agree with Kristen, the penalties are harsh! I did also find it interesting that the antique ad highlighted the ”fortune” you could make, not the intellectual property you could secure. It seems it still is really all about the money sometimes.

  • Kristen Adomovicz posted an update in the group Intellectual Property & Remix:   12 months ago · View

    Posting #1
    The first thing that I thought of while doing this week’s reading was an experience my sister went through about two years ago. She has a DeviantART (http://www.deviantart.com/) account with copyrighted artwork and was surprised to find that a German book publisher had used her artwork on a book cover without her permission. As it turns out, the publisher had asked in an e-mail to use the image and when they didn’t hear “no,” they decided that my sister must have meant “yes.” The thing was, they had also asked for her bank account number as a means of paying her for the image. Needless to say, my sister was skeptical and was hesitant to respond to their message at all. In the end, she sued the publisher and received a settlement. The lessons are pretty clear and is evidenced in Bailey’s article (http://www.plagiarismtoday.com/2006/08/02/web-design-plagiarism/). “Ask first” and “never settle on one way.” I don’t think that the publisher specifically needed to use my sister’s artwork and likely could have found something similar when she did not respond. To me, these rules are two of the most important things that library Web designers can heed while designing a library’s web page.
    As a graphic designer at a law firm, I need to deal with copyright issues quite a bit. When someone asks me if we can use a particular image or a client’s logo in one of our materials, I always make sure we have permission. At the same time, I definitely admit to surfing the Web and graphic design magazines for inspiration. It’s part of being a designer – I need to stay up to date with what is “in fashion.” The key is that I don’t steal other’s work, but rather use it as a guide for color palette, image and layout ideas. As Cameron Moll says in his article “Good Designers Copy, Great Designers Steal” (http://articles.sitepoint.com/article/copy-great-designers-steal/), “copy the inspiration, not the outcome.” The same applies to library web designers. Whether a Web design is inspired by something from their childhood or the website they saw last week, the ideas are coming from somewhere. They just need to make sure that the final product is truly their own.
    Library Web design is also about the content that the site offers. Printed books, audio books, music, movies and television shows are often available in digital format and the number of digitized materials is only going to increase. For example, Netflix has been moving toward only offering online streaming as opposed to sending DVDs by mail (http://www.dailyfinance.com/story/company-news/the-plot-thickens-netflix-users-angered-by-latest-digital-twist/19807556/). Libraries will likely need to start moving in that direction as well. DVDs will probably stay on the shelf for a long time (think how many libraries still have VHS tapes), but it does raise interesting questions. It is one thing for Netflix to charge a monthly fee to view streaming movies and TV shows, but is it okay for libraries to do the same free of charge? Will it infringe on copyright law? The same goes for e-books, music, etc. My local library subscribes to Overdrive (http://www.overdrive.com/), an e-book and audio book rental service that can be located through the library’s website. Patrons are able to “check out” books to their computer or other device for two weeks, after which they are no longer able to be viewed without checking them out again. The interesting thing is that the site is truly treated like a library. There are a limited number of copies of each book. If all of the copies are checked out, the item needs to be placed on hold. I looked into Overdrive a little further, and they offer digital movie and music rentals as well as seen at the New York Public Library (http://ebooks.nypl.org/3B38A752-15EA-4122-B741-EFE6CCB73D8B/10/257/en/Default.htm). The movie collection wasn’t too great, but I recognized several artists in the music section. It will be interesting to see how far this goes and also if libraries will be able to keep up with the costs of subscriptions as more items are added to these databases and less are on the shelves. Perhaps most interesting of all will be how book publishers, movie studios and record labels will respond. We all saw how record labels reacted to web sites like Napster.

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      Elaine Mernick · 12 months ago

      I found it interesting to hear what you and Alicia had to say on the matter of inspiration given your design backgrounds. Personally, I learn best through example, so I like situations in which I can get ideas from others that I then change up or piece together in new ways. That’s why I’m very glad that there is room for web designers to take inspiration from other sites without plagiarizing, as long as nothing is directly lifted or copied. I think many of us will end up working on websites in our future jobs, though we probably wouldn’t consider that our primary area of expertise, and may not be as comfortable as others with coming up with design ideas out of the blue. By knowing I can turn to others as a starting point to inspire my own creativity, I’ll feel a lot more comfortable with the creative aspect of whatever web design work I end up doing.

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        Lisa West · 12 months ago

        I agree with you, Elaine. Though it may not be our primary area of expertise, most librarians entering the field will end up working with websites. I like the fact that there are people who will share what they have created (like the sites Alicia shared) so we can learn and create.

  • Daphne Nichole Sidor posted an update in the group Intellectual Property & Remix:   12 months ago · View

    I find myself quite convinced by Lessig’s argument that a major reconsideration of copyright is needed for the internet age. Our class’s previous discussion of how servers work certainly highlights a major reason why the notion of copyright is simply not the same in the digital realm as it has been in print or other traditional media: in a very real sense, every time a work is accessed on the web, a new copy is made. This copy, however, in no way diminishes the available supply of other copies of the work and frequently, one might argue, does not even result in a loss of profit for the work’s creator and is not motivated by a desire for profit on the part of the “copy-maker.” (When the means of production and reproduction are expensive, profit may rightly be assumed to be a motive for copy-making, but when they are cheap or free, purely creative or other kinds of motives may more easily come into play.) Lessig’s discussion of the original purposes of U.S. copyright law is also an excellent reminder for anyone concerned with copyright law in public policy. And I think that libraries – just as they have frequently taken up the open-source movement – should become invested in this as an advocacy issue. As we have seen with this past summer’s enforcement of government-mandated anti-piracy procedures at colleges receiving Title IV funding (http://news.cnet.com/8301-31001_3-20009386-261.html), institutions can be held responsible for the actions of their users. A more reasonable and flexible policy stance on copyright might forestall many management headaches within libraries.
    (As an aside, I found especially interesting the tax-based forms of compensation Lessig proposes in this new hybrid economy. Several European countries have instituted similar programs as early as the 1990s (for example: http://findarticles.com/p/articles/mi_m0FXG/is_9_12/ai_63500579/?tag=content;col1).)
    On a more personal level, I must admit I had not even considered plagiarism issues regarding code before reading the articles on how to avoid it. Because it is not a finished work itself, one might almost think that the coding of a website might would more under patent law than copyright – I guess I tend to think of it as being more like a tool. But of course upon further reflection it is clear that the code is just the finished product before it has been translated by a web browser. I can imagine that, as a web designer for a library, I might be tempted to grab a neat feature from the site of another organization. Fortunately, in a profession in which knowledge-sharing is the goal and the norm, it may often be very easy to reach out to the creator of an admired site for guidance or permission.

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