(c) & due diligence committee

Relevant Links

• Licensing and Copyright page on the public wiki
• Copyright
• Due Diligence
• Permissions
• UC Berkeley Orphan Works Symposium 2012

Goals

The goal of the BHL (C) & Due Diligence Committee is to provide best practices and guidelines regarding selection and digitization for BHL member institutions in the United States. BHL member institutions in the United Kingdom, as well as international BHL partners, are responsible for following the copyright laws of their home country or local jurisdiction. As there are no global copyright laws yet in existence, the Committee will not attempt to provide guidelines regarding global copyright or due diligence issues.

(C) & Due Diligence Guidelines for BHL members in the United States will provide the following:

• Recommendations for appropriate due diligence practices and documentation, for ex: http://guides.lib.umich.edu/content.php?pid=302339&sid=2478381
• Suggested take-down procedures for materials suspected to be in violation of copyright
• A workflow for obtaining permission to scan in-(c) materials
• Appropriate (c) metadata recommendations -- DONE
• Recommendations for scanning institutional publications

Committee Members: Connie Rinaldo, Bianca Crowley, JJ Ford, Don Wheeler

Resources

NHM Example Guidelines: Copyright Risk Management for the BHL at the NHM_v4.doc
Recommendations from Eryn Starun from SI OGC (ER = Erin Rushing): FW Potential copyright search.txt
ES: "Here are links to the two circulars I mentioned:

• How to investigate copyright status of a work, generally: http://www.copyright.gov/circs/circ22.pdf
• Information about the card catalog system in which you would be searching: http://www.copyright.gov/circs/circ23.pdf
• Here is the schedule of fees that the CO charges for searching: http://www.copyright.gov/docs/fees.html.
• Researching the Stark book will be a good introduction to the copyright-research process. And I would be happy to help develop options and work plans for “batch” clearances as needed. I’ve done this before – it’s time consuming but do-able."

ER: "Just wanted to let you know that I ran up to the Copyright Office today. A search produced the original copyright registration but no record of renewal. Do you know if there is a recommended way of documenting this info? I’d like to keep track of our due diligence but I’m not sure if there’s anything better than typing up my notes in a Word doc."
ES: "Great work! That’s exactly what to do: sum up your diligence in a memo to the file – but I’d print it out and finalize it with a signature so nobody later thinks it’s just a draft. You’ll want to say what you searched for, when, and what you found or did not find."

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Discussions

Dial: 1-877-860-3058 and enter the passcode: 961479

12/18

Participants: Connie Rinaldo, Bianca Crowley, JJ Ford

Brainstorming Questions
1) How do we know if something has been taken down from IA and what do we do?
2) What if someone asks us to take down an ingest item? How do we deal with this? Re-harvesting an issue?
-If its a BHL contributed book, darken item.

3) If IA takes something down how do we get this changed metadata into the BHL?
4) Investigation into the BHL partner who could “do better” with their copyright due diligence.

Action items:
Come up with a baseline due diligence process for BHL + Documentation
Revisit non-standard 'not in copyright' metadata, what to do here? Should we spend the time and make this consistent across the board?
Clarify permissions vs. due diligence scanning
Come up with recommendations for partners who want to scan institutional publications.