Hi All -

We just hosted a Copyright & Licensing workshop featuring Media
Acquisitions Coordinator, Renato Rodriguez, from the San Diego Natural
History Museum. Check it out, he shared a lot of information about
copyright and even fair use!

Copyright & Licensing Workshop | Free (BPCP Member Institutions); $15.00
(All other)
This workshop will introduce attendees to the complex issues of media
licensing, copyright ownership research, ownership evaluations, and media
acquisitions for museums, exhibits departments, content developers, and
marketing departments. Fundamentals in media research and acquisitions will
be introduced including “due diligence” research, “fair use”, “public
domain”, user fee determinations, and social media issues like
crowdsourcing photographs and posting images to social media platforms with
and without permissions.

Enroll Here
<http://onlinelearning.bpcp.org/oltpublish/site/program.do?dispatch=showCourseSession&id=6505eb1e-0ca5-11e6-807c-0cc47a352510>

This is definitely a great topic and one that has a very fine line!

Kristen

*KRISTEN MIHALKO*
Manager, Programs & Communication - Balboa Park Learning Institute
*a program of the Balboa Park Cultural Partnership*
1549 El Prado, Suite 4
San Diego, CA 92101
619.232.7502 x1206

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On Thu, May 12, 2016 at 8:46 AM, Dan Bartlett <[log in to unmask]> wrote:

> Hello? I never said or implied that fair use was a simple open and shut
> case without nuance or risk, but there are good established guidelines and
> precedents for helping make a use decision in the first place and that can
> shield claimants in the event they are sued. That's what CAA relied on.
> Those that are blatantly abusing the privilege should be sued, but too
> often copyright holders bully museums into avoiding the use of anything
> copyrighted, including on this thread.
>
> The original poster is nervous about scanning a 1924 newspaper for
> preservation purposes and three replies have implied she could be sued in
> doing so. Unless she plans to turn the scanned page into the museum's new
> logo, digitize it at a ridiculously high dpi and put it online, or sell
> copies of it in the museum store, she's probably gonna be okay claiming
> fair use.
>
> On Thu, May 12, 2016 at 9:14 AM, Tod Hopkins <[log in to unmask]>
> wrote:
>
>> This new idea that “fair use” is simple and can be asserted without risk
>> is dangerous.
>>
>> In the real world, the question is not, “is this fair use.”
>>
>> The question is, “will the copyright holder sue me if I do this?”
>>
>> You can claim "fair use" until you are blue in the face, but this cannot
>> and will not stop someone from filing a suit against you if they feel their
>> copyright has been infringed. Since, win or lose, most of us cannot afford
>> to fight legal action, we will never get to assert "fair use” at all. We
>> will settle.
>>
>> Yes, consider fair use when you are weighing whether you might be sued,
>> but remember that fair use is not a shield you ever want to be forced to
>> use!
>>
>> The College Art Association’s guide is good, if you read it carefully and
>> thoughtfully.
>>
>> Cheers,
>>                 tod
>>
>>
>>
>> On May 12, 2016, at 9:27 AM, Dan Bartlett <[log in to unmask]
>> <[log in to unmask]>> wrote:
>>
>> Elizabeth:
>>
>> Perhaps not as tricky as you think. See the Collage Art Associations
>> excellent series on Fair Use in different applications related to
>> academia,
>> museums, archives and special collections, and teaching:
>>
>> http://www.collegeart.org/fair-use/
>>
>>>
>>>
>>> On Wed, May 11, 2016 at 4:13 PM, Elizabeth Simon <[log in to unmask]>
>>> wrote:
>>>
>>>> Dave--
>>>> Fair Use is tricky; I wouldn't advise anyone to assume they can rely
>>>> on it. It's always best to ask the copyright holder for permission. Also,
>>>> it is not the facts and information that would be digitized, but the layout
>>>> and content of the newspaper, which are definitely subject to copyright.
>>>>
>>>> Elizabeth Simon
>>>> Manager, Publications
>>>> CSWE
>>>>
>>>>
>> --
>> Dan Bartlett
>> Curator of Exhibits and Education
>> Instructor of Museum Studies
>> Logan Museum of Anthropology
>> Beloit College
>>
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>>
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>
>
>
> --
> Dan Bartlett
> Curator of Exhibits and Education
> Instructor of Museum Studies
> Logan Museum of Anthropology
> Beloit College
>
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>
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