Radical Access: Leveraging Creative Commons Licenses to Open ...

Radical Access: Leveraging Creative Commons Licenses to Open ...

Works in Progress Webinar | 10 December 2019 Radical Access: Leveraging Creative Commons Licenses to Open up Archives Maureen Sophia Smith Collections Archivist, Smith College Special Collections Callahan Heather Briston Head of Curators and Collections and UCLA University Archivist, UCLA Library Special Collections

Our Work in Archives, Special, and Distinctive Collections: oc.lc/rlp-agenda Access to Collections Decisions throughout the stewardship process can serve to support or impede open access to our collections. In order to make the broadest portion of our archives and special collections accessible online in both traditional ways and for

emerging computational methodologies, intentional practice in our legal agreements is key to privileging access whenever feasible. Heather Briston Head of Curators and Collections and UCLA University Archivist UCLA Library Special Collections [email protected] Maureen Callahan Sophia Smith Collection Archivist

Smith College Special Collections [email protected] @meau Radical Access: Leveraging Creative Commons Licenses to Open up Archives 1 Shared

Assumptions & Values Copyright, use, and our missions 6 Common ground We respect the law. We support our users. Archives and special collections library hold an extremely important place in

society. We need the best tools available to us to support our missions. 7 What are our shared missions? We want for researchers to be able to encounter histories that are important to them. We want for records to be

used and re-used to make sense of the past and create new knowledge. We want for this to be easy. Screenshot of UCLAs Chicano Studies Research Center Flickr page Record/image by Alvarez, Jack - Dos Mundos 2001. 8 We need liberation from the current

copyright regime. Im Not Shy I Just Hate People number 3 by Toad Sophia Smith Collection Zines Collection. Smith College Special Collections. 9 What is copyright for? [The Congress shall have power] To promote the progress of science and useful arts, by securing for limited

times to authors and inventors the exclusive right to their respective writings and discoveries. Gloria Steinem and Bella Abzug, Photographer unknown. Gloria Steinem papers. Box: 215, Folder: 4. Smith College Special Collections. 10 When is something governed by copyright?

There is an expression of an idea. The expression of the idea is in a fixed form. The copyright term has not expired. The copyright owner has not given away their copyright. Ownership of copyright is independent of ownership of the physical work. Copyright may be transferred as property Must be transferred in a writing or via a will.

11 Materials Not Covered by Copyright Ideas, processes or devices Titles of works Recipes and lists of ingredients Blank books, forms, charts, etc. Facts and data; historical facts

Works of U.S. government employees as part of their official duties Laws and judicial opinions Works that arent the result of human authorship Materials in the public domain Copyright Expired Dedicated to the public domain

Slavish copies of 2D items: Bridgeman Art Library v Corel Corp, 36 FSupp 2d 191 (SDNY 1999) 12 Copyright terms are very long. Where does that leave us and our researchers? International Womens Day. Diana Davies, photographer Diana Davies papers. Smith College Special Collections.

13 Ellen Wright Garrisons membership certificate for the National American Woman Suffrage Association Garrison Family papers. Smith College Special Collections. 14 Copyright expires next year 15

Fair use! Fair use? 16 Our professional organizations can help us. Codes of best practices examples American Us Washington School of Law Best Practices in Fair Use for Orphan Works Best Practices for Documentary Film Making Best Practices for Fair Use in Online Video

Best Practices for Fair Use for Visual Arts Harvards Berkman Center The Right to Teach: An Educational Fair Use Project Society of American Archivists Orphan Works: Best Practices ARL Code of Best Practices in Fair Use for Academic and Research Libraries 17 2

Negotiating for Use and Re-Use Helping creators understand their options 18 Multiple streams to access The collecting stream Negotiating open licenses

Freely sharing public domain and openlicensed materials Researchers can reuse special collections materials with clarity and confidence 19 Negotiating deeds of gift/sale. Creators may:

Do nothing, and thereby keep copyright. We tend to affirm copyright in our agreements. Give copyright to us or to a third party. Give copyright to the public domain via a CC0 license. Keep copyright, but license it for use with a Creative Commons attribution license. Choose any of these options, with a different option at the time of the creators

20 21 How to write this into your deed of gift or sale agreement CC-BY The Donor indicates an express wish to retain full ownership of any and all copyrights currently controlled by the Donor in the Materials, but the Donor grants the Donee a nonexclusive right to authorize all uses of these

materials for research, scholarly, or other purposes pursuant to a Creative Commons Attribution 4.0 International license. 22 How to write this into your deed of gift or sale agreement CC0 The Donor indicates an express wish to transfer, convey, and assign to the public domain all intellectual property rights the Donor controls and/or owns in the Materials.

The transfer of rights will be marked by a Creative Commons CC0 license. 23 How to have this conversation Mutual informed consent Whats important to creators? What are their fears? What are their hopes for how their materials will be used?

Be very, very clear about your mission and your desires WILL COME HOME TO ROOST (if you keep your donors under-informed) 24 Explaining licenses If someone is intent on keeping copyright Talk about why. Unpublished records may be less monitizable than creators anticipate.

Make sure that they understand what their responsibility is going to be if they retain copyright. No matter what, include a plan for intellectual property for after their death. 25 Talking with Counsel Articulate the risk assessment.

Articulate how your actions support your mission. Lay out your argument for which Creative Commons license selected and why. 26 3 Creative Commons in Archival

Description Spreading the good news to researchers 27 How does this fit into our descriptive programs? Its really exactly the same as before. This is explained in a Conditions Governing Reproduction and Use element

DACS 4.4 EAD MARC 540 Planned Parenthood family planning brochure Planned Parenthood Records. Smith College Special Collections 28 What do we tell our researchers? Our conditions governing reproduction and use notes should be strong and clear, with a link to the relevant

license. If the donor has assigned a CC0 license, explain that the donor has relinquished all copyright, and the researcher can do what she pleases with the materials under this license. Other Creative Commons licenses allow for extensive re-use without the need for permission; explain (when relevant) extra requirements. 29 Creative Commons in

finding aids 30 Creative Commons in finding aids 31 4 Creative

Commons Benefits External use and internal efficiency 32 Benefits for research and instruction Encourage use of collections widely in both research and teaching. How to talk to users about Creative

Commons Insure all front line staff are empowered and have a shared understanding. Some may still need reassurance that they have permission to use. Everyone comes away happy! 33 Los Angeles Times Photographic Archives

Online portion licensed under a CC-by license. This work is licensed under a Creative Commo ns Attribution 4.0 International Lice nse . Boundary gate, Campo [1927] (US/Mexico Border) Los Angeles Times Photographic Archives, Collection 1492

34 UCLA Historic Photographs Online portion licensed under a CC-by-nc license. This work is licensed under a Creative Commons Attribution-NonCom

mercial 4.0 Internati onal License . View of Royce Hall, Janss Steps, and Powell Library, UCLA Campus, ND. University Archives Photographic Collection. UARS 100 35 What happens next? 1. Talk with folks at your repositories about recent acquisitions. Review how you framed your conversations about copyright/use.

2. Review your boilerplate donor/seller agreements. What would it take to update them to add the option for Creative Commons licenses? 3. At the next staff meeting make sure everyone is comfortable and knowledgeable explaining copyright and Creative Commons to researchers. 4. Review duplication and permission forms; is the language up to date? 36 Thanks! We love your

questions! You can find us at: [email protected] @meau [email protected] 37 For further information: Association of Research Libraries, Special Issue on Special Collections and Archives in the Digital Age. Research Library Issues 279 (June 2012) at https://publications.arl.org/rli279/ Behrnd-Klodt, Menzi L. and Christopher J. Prom, eds. Rights in the Digital Era. Chicago: Society

of American Archivists, 2015. Hirtle, Peter, Copyright Term and the Public Domain, http://copyright.cornell.edu/resources/publicdomain.cfm. Hirtle, Peter B., Emily Hudson, and Andrew T. Kenyon, Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums. NY: Cornell University, 2009. 38

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