Presentation with

1. Moving Beyond Accessuniversity institutional repositories, copyright and digital preservation Elizabeth Shaffer and Harrison W. Inefuku SLAIS Research Day, 11 March 2011

2. agenda Introduction to the project Research to-date Copyright and digital preservation in UIRs Copyright legislation and treaties Exemptions for libraries and archives Current copyright law in digital environments Areas for further research

3. what is a uir? institutional repository “digital collections that capture and preserve the intellectual output of university communities.” –SPARC “online locus for collecting, preserving, and disseminating—in digital form—the intellectual output of an institution, particularly a research institution.” –Wikipedia

4. research goals University Institutional Repositories: Copyright and Long-term Preservation identify how digital preservation strategies may infringe existing copyright legislation; establish long-term preservation measures possible under current legislation and test them in IR context; determine what changes to copyright law are required to ensure proper long-term digital preservation strategies can be applied

5. research in progress University Institutional Repositories: Copyright and Long-term Preservation preservation plan model policies distribution license application profile activity model file format guidelines copyright/ moral rights findings

6. copyright in uirsoverview of legislation Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”) WIPO – “The Internet Treaties” WCT WPPT Canada Act C-42 Bill C-32 (proposed) United States US Copyright Law [Digital Millennium Copyright Act]

7. copyright in uirsmoral rights moral rights [droit morale] Article 6bis of the Berne Convention disclosure and withdrawal attribution integrity association

8. copyright in uirsexemptions for libraries and archives Copies of rare or unpublished materials for preservation Copies for research Notice of warning of copyright infringement placed on reproduction machines

9. copyright in uirsweaknesses for digital environments # of copies (united states) “The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete” –United States Copyright Law

10. copyright in uirsweaknesses for digital environments # of copies (united states) “’Copies’ are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed.” –United States Copyright Law

11. copyright in uirsweaknesses for digital environments digitization “any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.” –United States Copyright Law

12. copyright in uirsweaknesses for digital environments digitization “A library, archive or museum or a person acting under the authority of a library, archive or museum may do, on behalf of a person who is a patron of another library, archive or museum, anything under subsection (1) or (2) in relation to printed matter that it is authorized by this section to do on behalf of a person who is one of its patrons, but the copy given to the patron must not be in digital form.” –Canada, Copyright Act

13. copyright in uirsdigital preservation and copyright preservation activities may alter, reduce or eliminate functionality of digital objects strength of distribution licenses suggested changes for copyright reform

14. further research challenges of mixed content environments preservation; copyright law [moral rights]; materials in violation of copyright law; issues particular to Internet distribution and potential moral rights infringements;

15. references Rigamonti, Cyrill P. “Deconstructing Moral Rights” in Harvard International Law Journal 47, no. 2 (Summer 2006): 353–412. SundaraRajan, Mira. “Culture Matters: Why Canada’s Proposed Amendments to its Copyright Law Should Revisit Moral Rights” in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda.” Edited by Michael Geist. Toronto: Irwin Law, 2010. ————. Moral Rights: Principles, Practice and New Technology. New York: Oxford, 2010. Acts, Bills and Treaties Canada C-42 Bill C-32 United States Copyright Law Berne Convention WIPO “Internet Treaties” WCT WPPT