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Presented at Center for Intellectual Property Biennial Symposium, June 7, 2012.
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Getting The Grateful Dead Archive Online:Copyright Issues and Tools
for a Modern ArchiveCenter for Intellectual Property Biennial Symposium
Baltimore, MD, June 7, 2012
Katie Fortney and Sarah Lindsey,University of California Santa Cruz
Who are we?
• Katie Fortney – recovering lawyer
• Instruction Collection Development Librarian/Scholarly Communication Officer/Grateful Dead Archive IP Advisor (Copyright Ninja)
• Sarah Lindsey – Rights Management Coordinator, Grateful Dead IMLS Grant Project
• Had never heard the Dead jam until 6 months into the project.
The Physical Archive:•Photos•Posters•Fan Envelopes•Audio and Video•T-shirts•Concert Tickets•Stage Props•Backstage Passes•News Clippings•Fanzines•And more!
GDAO: The Grateful DeadArchive Online
• Launching 6/29/12• Over 40,000 digital
objects• Virtual Exhibits• Geotagging• Timelines• User submissions
The Tools for the Job
• LEGAL TOOLS• COPYRIGHT ANALYSIS TOOLS• USER TOOLS FOR SUBMISSIONS
AND PERMISSION
What’s Going Online?Content types, by number of items
Fan Envelopes
Tickets
T-Shirts
Fan Art
Passes
Album Covers
Programs
Fanzines
Audio files
Photos
Posters
Not That Billy Graham
• Concert promoters!– Bill Graham– Chet Helms
The fraught background of the GDA art communityAccusations, lawsuits, profits and lack thereof
Our Licensehttp://bit.ly/gdaocip2012
Deed of Gifthttp://bit.ly/gdaocip2012
Fair Use “Checklists”• “The Checklist as Roadmap: As you use the checklist
and apply it to your situations, you are likely to check more than one box in each column and even check boxes across columns. Some checked boxes will favor fair use and others may oppose fair use. A key issue is whether you are acting reasonably in checking any given box, with the ultimate question being whether the cumulative weight of the factors favors or turns you away from fair use. This is not an exercise in simply checking and counting boxes. Instead, you need to consider the relative persuasive strength of the circumstances and if the overall conditions lean most convincingly for or against fair use. Because you are most familiar with your project, you are probably best positioned to evaluate the facts and make the decision.”
Fair Use “Checklists”Focus on the exceptions. Don’t get caught up in the repetitive details.http://bit.ly/gdaocip2012
Copyright Analysis Tools – Photo Collection
• Testing our tools on the photograph series:
• Most straight-forward overall copyright status
• (Hopefully) Most receptive rights holder community.
Finding Photographers
Where Contact Information Was Found
Not Found
Internet
Known from GD Records
Known to Publisher
Archivist's Contacts
American Society of Media Photographers
Professional Photographers of America
Poster Collection
• More complicated, sensitive, and more difficult to definitively identify copyright holder/status
• Required item by item evaluation.
Burned by Copyright
Finding Poster Artists
Where Contact Information Was Found
Not Found
Internet
Archivist's Contacts
Vaults and Sundry
Bill Graham164 posters
Family Dog16 posters
Grateful Dead Productions___ posters
Searching Results
Rate of Return Over All
Not FoundNo ResponseSigned LicenseRefused
Tracking tools
• Spreadsheets used to track search efforts for contact information for each collection
• FileMaker Pro database created with fields for address, correspondence tracking, and fields for preferred Omeka contact information
Copyright Status of Items
Thomas E. Watson Papers
In-copyright
Public Domain
Watson Family
Undetermined Status
Works-for-hire
Illegible
Grateful Dead Posters
In-copyrightPublic DomainPermission: Grateful DeadPermission: LicensedUndetermined
Dickson, M. (2010). Due Diligence, Futile Effort: Copyright and the Digitization of the Thomas E. Watson Papers. American Archivist, 73(2), 626-636.
Tools for Users
http://omeka.org/
User submissions
Curation
Photo: Women on Assembly Line Stamping Hams,Wisconsin Historical Images
Sending traffic to licensors
Photo: Signs by Jimmy Hilario
Advice
• Talk to other offices or departments• Carefully evaluate your need for a Sarah• Do things in the right order…
when you can
Links
• GDAO: http://www.gdao.org (launching 6/29)• Forms: http://bit.ly/gdaocip2012