Yesterday I participated in the session entitled "Wikis, Tweets, and Blogs, Oh My!" at the
Special Libraries Association Annual Conference in Washington, D.C.. The other people on the panel were:
- Michael Moynihan, Senior Editor, Reason Magazine (title corrected 6/21/2009)
- Keith Kupferschmid, Senior Vice President, Intellectual Property Policy, SIIA
- Laura Malone, Associate General Counsel, The Associated Press
The session was moderated by Christopher Kenneally, Director, Business Development, Copyright Clearance Center
. The session was video recorded and I expect that excerpts will be available on the
Beyond the Book podcast and perhaps the entire session will be available elsewhere.
The session focused on the copyright concerns that are occurring with social media. We talked about illegal use of copyrighted materials as well as "tolerated use". For example,
it is illegal to copy an entire Associated Press (AP) news article and place it in your blog without explicit permission from the AP.
It is legal to quote snippets from a news article with a link back to the original article, along with additional content from you (e.g., criticism or commentary).
"Tolerated use" is an interested gray area. The example I gave is that I will republish entire conference announcements in my
Digitization 101 blog because I know that those announcements are meant to be widely disseminated even though they are technically copyrighted. The organization that created the announcement sees that as "tolerated use". Yes, I have infringed on the organization's copyright, but they tolerate it because of the benefit that they are receiving. Tolerated use is not law. In this specific case, I could argue that my use complies with the four factors of
Fair Use under U.S. law:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes (A commercial benefit is received by the original organization and not by Hurst Associates, Ltd.)
- The nature of the copyrighted work (An announcement meant from broad distribution)
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole (The entire announcement)
- The effect of the use upon the potential market for, or value of, the copyrighted work (The use does not effect the value of the copyrighted work, since the copyright work is an announcement and not something that is for sale.)
We also touched on the idea of
attribution and I wish we could have explored this topic more. I stated that in some cases, if someone uses my words, I may be okay with it if I receive proper attribution. For example, if I say something on Twitter that is repeated by others (retweeted), then I would hope that I would received credit (attribution). This is a very, very hard concept to articulate, especially since what is tolerated is defined on a case-by-case basis. I think this is something I need spend more time thinking about so I can articulate my tolerance and concerns better.
All in all, this was a very interesting session and I'm glad that I was invited to be one of the panelists. Once any podcast and video from this session goes online, I'll post a note letting you know where you can find it.
Technorati tags:
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CopyrightLabels: Copyright, SLA2009