Copyright Issues
Monday, March 27th, 2006When reading Chapter 7 of Digital History (”Owning the Past”), I was disheartened at times and encouraged at others. As a historian, the prospect that so many aspects of our recent history will be off limits or exceedingly difficult to obtain for several generations sickens me. I understand producers deserve certain rights, but the courts seem to be erring too far on the side of producers at the public’s expense. Fortunately, the public still has rights when engaging in “fair use” of copyrighted materials. Cohen and Rosenzweig’s contention that, in the interest of fostering a “creative commons,” historians need to exercise this right encouraged me. Despite copyright restrictions, historians have a right to do what they do, and they must exersize that right if they hope to keep it.
In their discussion of “fair use” on the web, I think one component was missing. It seems to me that we can feel reasonably comfortable about digitizing historical materials when there are comparable materials currently available online. In my case, I feel comfortable making blues lyrics available on the web because there are already many sites that do this sort of thing. When you add in the fact that my purposes are more clearly academic, and that these purposes entail modifying the lyrics to some extent, I don’t think I need to worry about copyright issues. In general, I think historians are in a more secure position in presenting material online because they bring a level of critical thinking and educational intent that may be lacking in other comparable sites.
On the subject of fair use, reading Documentary Filmmakers’ Statement of Best Practices in Fair Use made me wonder whether historians have established a similar statement of best practices for their profession. Then, on second thought, I realized that Chapter 7 of Digital History represents an effort to outline best practices for historians. If I were to ever be questioned on whether my claims of fair use fell within the standards of my profession, I could always point to this chapter as evidence of those standards.
On a somewhat different aspect of copyright law, the U.S. Copyright Office’s Report on Orphan Works made me think about the different types of users of materials protected by copyright. Surprisingly, I had not considered the dilemma of institutions (such as archives, libraries, and museum) that want to make materials public but do not know whether these materials are protected by copyright. This report, to an even greater extent than the other readers, made me realize the number of vagaries that copyright law leaves for both users and copyright holders.