Dickson (2010)

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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Dickson (2010)
Title: Due diligence, futile effort: Copyright and the digitization of the Thomas E. Watson papers.
Author(s): Dickson M.
Year: 2010
Citation: Dickson, M., 2010. Due diligence, futile effort: Copyright and the digitization of the Thomas E. Watson papers. The American Archivist, 73(2), pp.626-636.
Link(s): Definitive
Key Related Studies:
Discipline:
Linked by: Stobo, Patterson, Erickson and Deazley (2018)
About the Data
Data Description: The study consists of data from a case study of the digitisation of a collection of 8,434 published and unpublished papers.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2007 to 2009
Funder(s):

Abstract

As archives and libraries digitize and make their collections available online, they are faced with the challenge of meeting growing patron expectations in the online environment while still adhering to copyright statutes. This article reports on a case study investigating the copy right status of materials from a recent effort to make the Thomas E. Watson Papers, a manuscript collection housed at the Southern Historical Collection at the University of North Carolina at Chapel Hill, accessible online. The article also explores fair use as a possible approach for digital publication of archival collections containing materials protected by copyright.

Main Results of the Study

At the completion of our copyright study, the authors took the results of our research to the legal counsel for UNC University Libraries and explained that they wanted to discontinue any further copyright investigation for the rest of the materials in the Thomas E. Watson Papers. The level of risk they were undertaking was determined to be an acceptable one, given the liberal take-down policy wherein challenged items may be removed from the website quickly and easily. They were given the go-ahead to make the digital collection available online under the auspices of fair use, and did so in the fall of 2009. To date, the Thomas E. Watson Papers Digital Collection has received no contact, much less challenge, from potential copyright holders.

Policy Implications as Stated By Author

The authors, extrapolating from their experience with the Watson correspondence, believe that attempting to explore copyright status in depth and to obtain permission to digitize unpublished archival materials that are under copyright would stymie an effort on the scale anticipated in digitizing the entire Southern Historical Collection. Moreover, such an attempt would be needlessly expensive and futile. If it is hoped to make large-scale digitization an integral part of processing archival materials, it is untenable for the writers to consider undertaking this type of research to determine and obtain copyright — a new definition of due diligence for this type of copyright exploration is required.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Green-tick.png
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 1
Level of aggregation: Case Study
Period of material under study: 2007 to 2009


Sample size: 8,434
Level of aggregation: Documents
Period of material under study: 2007 to 2009