Dunbar, Hope

Writing Sample
Copyright Concerns: Digitizing Library Collections

Type of Institutions: Academic libraries, special collections; and archives

Audience: This program is intended for special collection and archive professionals considering
or beginning a digitization project of institutional holdings. The course will focus on digitization
generally, and concerns unique to special collection and archival holdings.
Overview to Topic: This multisession course is designed to assist information professionals in
selecting, organizing, and executing a digitization project. Many information professionals have
not dealt formally with copyright as it concerns to large collection groupings. This course will
explore the basics of copyrights; digitization for libraries; practical advice for library
professionals; and special considerations for special collections and archives. The session will
conclude with two writing workshop session for drafting (1) a Copyright and Compliance Policy
Statement; (2) a Statement Regarding Rights of a Digitized Collection; and (2) a Copyright
Assessment Plan for a digitization project.
Overall Learning Objectives: At the conclusion of the sessions all participants will be able to
understand copyright concerns; assess risk factors for digitization projects; create a copyright and
compliance policy statement; and create a Copyright Assessment Plan for a digitization project.
Materials/Resources Needed: computer/laptop and internet access
Length of Sessions: 2 hours each, 10 hours total
Qualifications of the Instructor: The instructor holds a Juris Doctor from DePaul University
College of Law; a Master of Library and Information Science from University of Illinois
Champaign-Urbana; and is a licensed attorney in the state of Illinois.
Disability Accommodation: Please contact the instructor for information on possible
accommodations. This course can be offered in a variety of formats to fit student needs.
Program Outline:
1) Introduction to Copyright for Information Professionals
2) Digitization For Special Collections & Archives
3) Am I Going to Get Sued?!Practical Advice throughout the Process
4) Workshop Day 1: Writing Copyright and Compliance Policy Statements
5) Workshop Day 2: Writing a Copyright Assessment Plan for a Digitization Project &
Statement Regarding Rights of a Digitized Collection

The materials provided are for informational purposes only and not for the purpose of providing formal legal advice. Use of and
access to this course material does not create an attorney-client relationship. All material is protected by copyright and belong
to Hope Dunbar.

Dunbar, Hope
Writing Sample
1) Lesson Plan: Introduction to Copyright for Information Professionals
Intended Audience: This program is intended for special collection and archive professionals
considering or beginning a digitization project of institutional holdings.
Length of Lesson: 2 hours
Brief Overview: This lesson will serve as a foundation for understanding copyright terminology
and general concepts. It is designed as an overview for those already partially familiar with
copyright concerns or a crash course for those dealing with copyright for the first time.
Learning Outcomes: Participants should be able to understand what constitutes copyrightable
materials; who can hold a copyright; terms commonly used when discussing copyright concerns;
authoritative sources to locate additional information; and common copyright claims and
defenses.
Prerequisites Needed to Attend: No necessary prerequisites.
I.

Lesson Plan Introduction:

When new tangible works are authored the creator is automatically afforded copyrights in
the work. This includes a variety of formats: written, musical, dramatic, choreographic, or
audiovisual. Archives and Special Collections deal with copyright concerns daily in their own
institutions whether that be the creation of digital images, completion of photocopy requests, or
marketing for departmental programs. Due to the nature of archival and special collection
departments these skills become even more essential. Items held in the collection can be rare,
highly valued, unpublished, or not attributable to an author. Information professionals must
know how to recognize copyright considerations; successfully field questions; compose
appropriate policy; and respond to claims of copyright infringement. In many cases, larger
institutions will have legal counsel to assist with this process. These individuals should be
consulted when developing initial policies, or when urgent matters come to light. In many cases
librarians and archivists employed at smaller institutions, and those handling day-to-day
operations in larger institutions, will be responsible for fielding copyright issues and ensuring the
department is acting in accordance with the law. This lesson will form a foundational
understanding of copyright. Subsequent lessons will build on this material to ensure a full
understanding of copyright concerns related to digitization projects.
II.

Direct Instruction:

Types of work protected by copyrightexamplessuggestions from the class

Requirements for a copyright: (1) fixed in a tangible medium of expression; and (2)
originalityexplanation and definition of these terms

What is not subject to copyright: ideas, procedures, processes, systems, methods of

operation, concepts, principles, or discoveries, regardless of the form in which it is
described, explained, illustrated, or embodied in such work.

The materials provided are for informational purposes only and not for the purpose of providing formal legal advice. Use of and
access to this course material does not create an attorney-client relationship. All material is protected by copyright and belong
to Hope Dunbar.

Dunbar, Hope
Writing Sample

III.

Rights of a copyright holder: reproduction rights; modification rights; distribution

rights; public performance rights; and public display rights

Transfer of copyrights to another partycontracting and inheritance

Work for hire and contracting considerations

Understanding multiple copyright interests in one object; photograph and text

examples

What constitutes a copyright infringement

Defenses to copyright infringementfair use

Fair use factors: purpose and character of the copying; nature of the original; amount
and substantiality of the portion copied; effect that such copying may have on the
market for the original

Section 108replacement, preservation, and why this does not usually apply to
digitization of large collections for public access

Guided Practice:

Wright v. Warner Books, Inc., 953 F.2d 731 (2d Cir. 1991).
Fair Use factor analysisfocus on purpose of copies; amount of materials used
Salinger v. Random House, 811 F.2d 90 (2d Cir. 1987).
Fair Use factor analysiseconomic interest; exploration of authors rights; published
vs. unpublished works
IV.

Independent Practice: N/A

V.

Closing/Sharing/Reflection:

VI.

Open discussion of a few hypothetical situations

Ask for reactions and opinions on how those situations would be handled
Briefly introduce Session 2 and topics

Assessment Measures/Grading: N/A

The materials provided are for informational purposes only and not for the purpose of providing formal legal advice. Use of and
access to this course material does not create an attorney-client relationship. All material is protected by copyright and belong
to Hope Dunbar.