الجلسة الثالثة المداخلة الأولى الوصول إلى المعرفة ودور قوانين الملكية الفكرية

1. ACCESS TO KNOWLEDGE AND THE
ROLE OF COPYRIGHT LAWS Sara R. Benson
JD, LLM, MSLIS

2. BERNE CONVENTION (TREATY FOR COPYRIGHT)
International agreement providing for minimum copyright compliance
Provides for trans national respect for copyright laws (law enforcement)
Entered into first in 1886
Tunisia—joined Berne in 1887
The United States entered Berne in . . .

3. THE US JOINED THE BERNE CONVENTION IN
…
1989!!!
Why? Due to copyright formalities + lack of moral rights in the US (we still
really do not have moral rights)

4. WHERE DOES COPYRIGHT LAW FIT?
Intellectual Property Laws
Copyright Trademark Patent

5. WHAT DOES COPYRIGHT PROTECT?
Creative works, scientific discoveries, including:
- Software
- Writing/books/journals
- Artistic works & sculptures
- Architectural plans
- Musical scores and recordings
It does not protect:
- Facts
- Ideas
- Short phrases and titles (could be trademark)
- Methods of operation/inventions (could be patent)

6. COPYRIGHT LAW IN THE UNITED STATES

7. WHAT RIGHTS DOES COPYRIGHT LAW PROTECT?
The author has the right to:
- reproduce the work
- distribute the work (including on the internet)
- create derivatives of the work (translations constitute a derivative work)
- perform the work
- display the work

8. INTERNET ARCHIVE
Internet Archive is a non-profit library of
millions of free books, movies, software,
music, websites, and more.

9. SECTION 108(H) OF THE COPYRIGHT ACT
Permits a library to lend, copy, display a
work in the last 20 years of copyright
protection as long as the work is not
commercially available or available at a
reasonable price.

10. HATHITRUST DIGITAL LIBRARY
HathiTrust Digital Library is a digital preservation
repository and highly functional access platform.
Items in the public domain are in full-view for
everyone and items held in copyright are
searchable.

11. FAIR USE IN THE UNITED STATES
Preemble to fair use (17 U.S.C. Section 107):
“[T]he fair use of a copyrighted work . . . for
purposes such as . . . teaching (including multiple
copies for classroom use), scholarship, or research, is
not an infringement of copyright.”

12. FAIR USE FACTORS
“In determining whether the use made of a work in any particular case is a fair use the factors to be
considered shall include—
(1)
the purpose and character of the use, including whether such use is of a commercial nature or is for
nonprofit educational purposes;
(2)
the nature of the copyrighted work;
(3)
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4)
the effect of the use upon the potential market for or value of the copyrighted work.”

13. TRANSFORMATIVE USE
A transformative use is one that alters the original
work "with new expression, meaning or
message . . .." Campbell v. Acuff-Rose Music, 510
U.S. 569, 579 (1994).

14. DIGITIZATION OF BOOKS FOR HATHITRUST
HathiTrust could not happen without the participation of Google.
Google collaborated with libraries to help digitize the books and to “clean up” the
resulting digital book scans using OCR software
For instance, sometimes the letter “i” will look like the number “1” when digitizing a
book and putting it online

15. You can:
Search inside the text
to find the frequency and page number of specific words
and phrases. This can be especially useful to help you
decide if the book is worth buying, checking out from a
library, etc.
Example:

16. Search in this text
anaphylactic shoc
Find
Full view is not available for this item due to copyright © restrictions.
Search Results
Broaden your search to find pages having just one or more of your terms.
Showing 1 - 10 of 16 Results for anaphylactic AND shock
1 2 Next
• Page 11 - 8 matching terms
• Page 42 - 9 matching terms
• Page 43 - 8 matching terms
• Page 29 - 6 matching terms
• Page 35 - 5 matching terms
• Page 7 - 4 matching terms
• Page 36 - 4 matching terms
• Page 30 - 3 matching terms
• Page 8 - 5 matching terms
• Page 37 - 5 matching terms
Showing 1 - 10 of 16 Results for anaphylactic AND shock

17. TRANSFORMATIVE USE EXAMPLE
1) Purpose of original
materials:
Communication
2) Purpose of HathiTrust
term numbers:
Research