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Orphan Works and Mass Digitization Roundtables: Myths and Realities of Copyright and Fair Use

orphans-home-atchison-kansas-1911-postcardOrphans’ Home, Atchison, Kansas, 1911, image © Thiophene GuyOn March 10–11, 2014, the US Copyright Office convened roundtables on orphan works and mass digitization. Several participants attacked fair use and libraries, misstated the purpose of the copyright system in the United States, or inaccurately portrayed the activities of HathiTrust. An ARL Policy Notes blog post examines some of these misconceptions, or myths, cited at the roundtables and responds to these inaccuracies. An earlier ARL Policy Notes blog post recaps the roundtable discussions, which covered best practices, fair use, licensing solutions, and the issue of whether orphan works and mass digitization need to be treated separately.

 
 

Intellectual Property: An ARL Statement of Principles

This statement of seven principles adopted by the ARL Membership in May 1994 affirms the rights and responsibilities of the research library community in the area of copyright.

pdf intellectual-property-an-arl-statement-of-principles-1994.pdf

 
 

ARL Encourages Members to Refrain from Signing Nondisclosure or Confidentiality Clauses

Members Also Encouraged to Share Agreement Content

The Association of Research Libraries (ARL) Board of Directors voted in support of a resolution introduced by its Scholarly Communication Steering Committee to strongly encourage ARL member libraries to refrain from signing agreements with publishers or vendors, either individually or through consortia, that include nondisclosure or confidentiality clauses. In addition, the Board encourages ARL members to share upon request from other libraries information contained in these agreements (save for trade secrets or proprietary technical details) for licensing content, licensing software or other tools, and for digitization contracts with third-party vendors.

 
   

Research Library Issues, no. 279 (June 2012)

RLI issue 279 includes:

  • Digitization of Special Collections and Archives: Legal and Contractual Issues
  • Model Deed of Gift
  • Model Deed of Gift, including Mixed IP Rights
  • Model Digitization Agreement
  • Copyright Risk Management: Principles and Strategies for Large-Scale Digitization Projects in Special Collections
 
 

Principles for Licensing Electronic Resources

ARL and its partner library associations issued these principles in 1997 and then developed a series of workshops on licensing to introduce the library community to best practices in contract terms and negotiations.

pdf licensing-principles-1997.pdf

 
 

ARL Encourages Members to Refrain from Signing Nondisclosure or Confidentiality Clauses

The Association of Research Libraries (ARL) Board of Directors voted in support of a resolution introduced by its Scholarly Communication Steering Committee to strongly encourage ARL member libraries to refrain from signing agreements with publishers or vendors, either individually or through consortia, that include nondisclosure or confidentiality clauses. In addition, the Board encourages ARL members to share upon request from other libraries information contained in these agreements (save for trade secrets or proprietary technical details) for licensing content, licensing software or other tools, and for digitization contracts with third-party vendors. The Board adopted this position at the ARL Membership Meeting in Houston, Texas, on May 22, 2009. This statement was released June 5, 2009.

pdf arl-encourages-members-to-refrain-from-signing-nondisclosure-or-confidentiality-clauses-2009.pdf

 
   

ARL E-Book Requirements

This is "Appendix C: Detailed Evaluation Requirements and Desirables" of the 2012 ARL e-book licensing agent RFP, more commonly known as the "ARL E-Book Requirements."

pdf arl-e-book-requirements-2012.pdf

 
 

Research Library Issues, no. 275 (June 2011): Report of the Task Force on International Interlibrary Loan and Document Delivery Practices

RLI issue 275 includes:

  • Report of the Task Force on International Interlibrary Loan and Document Delivery Practices
  • White Paper: International Interlibrary Loan
  • White Paper: US Law and International Interlibrary Loan
  • White Paper: Trends in Licensing
 
 
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