Digitization & Risk Management
Hirtle, P. B., Hudson, E., & Kenyon, A. T. (2009). Copyright & cultural institutions: Guidelines for digitization for U.S. libraries, archives, & museums. Retrieved from https://ecommons.cornell.edu/bitstream/handle/1813/14142/Hirtle-Copyright_final_RGB_lowres-cover1.pdf
- Chapter 10 discusses how to digitize as safely as possible and goes through the process of risk assessment.
- Table 10.1 (p. 194-194), provides a checklist of factors that indicate increased risk of copyright infringment for collection items.
- Flowchart 10.1 (p. 203), provides guidance on when it is safe to digitize items.
- Flowchart 1 (p. 3 in the first chapter), provides an overview of copyright issues for digitization projects.
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Ockerbloom, J. M. (n.d.). FAQ: How can I tell whether a book can go online? Retrieved from http://onlinebooks.library.upenn.edu/okbooks.html
- Answers a series of questions related to how to determine if a book can safely be digitized.
- The main part of the website also provides an index of over two million online books that are public domain works, or are permitted or licenced for free online use.
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Smith, K. (2012). Copyright risk management: Principles and strategies for large-scale digitization projects in special collections. Research Library Issues, 279, 17-24. Retrieved from http://publications.arl.org/rli279/
- Discusses principles of copyright decisionmaking, four strategies for risk analysis, orphan works, and fair use.
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U.S. Copyright Office, Library of Congress. (1998). The Digital Millennium Copyright Act of 1998: U.S. Copyright Office summary. Retrieved from https://www.copyright.gov/legislation/dmca.pdf
- An overview of the five titles of the DMCA.
- Information about exceptions relevant to libraries and educational institutions is located in the summaries for Title I and Title IV.
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U.S. Copyright Office, Library of Congress. (2015). 37 CFR Part 201 [Docket No. 2014-07]: Exemption to prohibition on circumvention of copyright protection systems for access control technologies. Retrieved from https://copyright.gov/1201/2015/fedreg-publicinspectionFR.pdf
- Summarizes the sixth triennial rulemaking proceedings (i.e., 2015) for temporary exemptions to the DMCA.
- Text of the final, adopted exemptions are in bold lettering.
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U.S. Copyright Office, Library of Congress. (n.d.). Rulemaking proceedings under Section 1201 of Title 17. Retrieved from https://www.copyright.gov/1201/
- Provides a tutorial on Section 1201 of the DMCA, including an explanation of the permanent and temporary exemptions contained within.
- Contains documentation of all past rulemaking proceedings and notifications about current or ongoing proceedings (e.g., seventh triennial rulmaking of 2018).
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Web2Rights OER Support Project. (2010). Risk management calculator [Evaluation tool]. Retrieved from http://www.web2rights.com/OERIPRSupport/risk-management-calculator/
- A tool for examining key risk factors in using various types of works (e.g., letters, music, paintings).
- Estimates the level of risk as low, medium, or high and provides general recommendations based on results.