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From YouTube: Webinar: Copyright Issues for a Legislative Audience
Description
Copyright is a complex set of intellectual property laws, designed to protect the rights of authors in their published and unpublished works. Under federal and state copyright laws, authors can sue users who violate their rights without permission or compensation. Legislative staff often have to deal with copyright questions, over what constitutes a fair use exception of materials or the extent to which materials are in the public domain and may be shared with the public
A
Good
afternoon
and
welcome
to
the
webinar
copyright
issues
for
legislative
audiences
copyrights
and
copy
wrongs,
I'm
mary
camp
director
of
the
texas
legislative
reference
library,
today's
webinar
is
jointly
sponsored
by
the
legislative
research,
librarian
staff
section
and
the
legal
services
staff
section
on
behalf
of
the
officers
of
lrl
and
legal
services
and
as
the
immediate
past,
chair
of
lrl,
I'd
like
to
welcome
all
of
you
to
our
session.
Today.
A
Today,
today's
webinar
is
being
recorded
and
will
post
the
recording
on
ncsl's
website
within
two
weeks
so
that
you
can
review
the
session
or
share
it
with
your
colleagues
who
are
not
able
to
participate.
In
today's
event,
we'll
also
make
copies
of
the
slides
used
in
today's
presentation
available
online,
we
have
more
than
60
attendees
from
30
states
participating
in
today's
webinar,
whether
you
are
a
legislative,
drafter
researcher
or
librarian.
A
Kristen
ford
serves
as
the
legislative
librarian
for
the
idaho
legislative
reference
library.
She
obtained
a
jd
from
the
university
of
idaho
and
a
master's
in
library
and
information
science
from
the
university
of
washington.
She
is
a
member
of
the
idaho
and
alaska
state
bars.
She
has
served
as
the
legislative
librarian
for
the
idaho
legislature
since
1999..
A
A
In
addition,
he
drafts
bills
for
for
and
provides
legal
advice
to
the
texas
legislature
prior
to
that
he
served
as
the
council
for
public
policy
in
the
office
of
the
texas
lieutenant
governor
david
dewhurst
john
graduated,
summa
laude,
from
the
auburn
university
with
a
bba
and
subsequently
earned
his
juris
doctor
degree
from
the
university
of
texas
school
of
law,
adding
to
his
legal
studies.
He
later
earned
a
masters
of
laws,
degree
from
the
university
of
new
south
wales
in
sydney,
australia,.
B
Good
afternoon
I'm
kristen
ford
and
I'm
the
librarian
for
the
idaho
legislature,
I'm
here,
because
eddie
weeks
has
taken
my
family
hostage,
or
at
least
that's
what
I
would
have
said
a
few
months
ago.
I
admit
to
being
one
of
those
people
that
had
such
a
dread
of
copyright
issues
that
I
would
just
try
not
to
use
anything
questionable
in
order
to
avoid
the
whole
copyright
question.
I
didn't
exactly
know
much
about
copyright,
but
I
had
the
notion
that
it
was
about
property
rights
for
an
author.
B
But
what
I
learned
is
that
copyright
is
not
property
law
for
authors.
Rather,
copyright
law
is
all
about
society's
determination
that
there
should
be
balance
between
protecting
an
author's
rights
and
the
free
flow
and
exchange
of
ideas.
This
puts
librarians
squarely
in
the
center.
I
mean
that's
why
we
are
librarians
right
because
we
believe
in,
and
we
want
to
facilitate
the
free
flow
and
exchange
of
ideas,
I'm
going
to
come
back
to
this
a
little
bit
later,
but
for
now,
let's
take
a
quick
look
back
at
the
history
of
copyright.
B
It
didn't
start
with
the
digital
millennium,
copyright
act
of
1998
or
even
the
copyright
act
of
1976
the
law
and
the
values
espoused
by
copyright
are
very,
very
old.
When
the
printing
press
was
invented,
it
was
pretty
much
the
publishers
that
had
rights
to
a
work.
They
would
purchase
a
work
from
an
author
and
then
it
was
theirs
to
print
and
sell,
and
the
author
no
longer
had
any
rights
nor
received
any
further
money
for
the
work,
no
matter
how
many
copies
sold.
B
But
beginning
in
1710,
in
old
england,
a
law
was
passed,
giving
authors
property
rights
in
their
works,
but
only
for
certain
time
periods
and
with
certain
limitations.
My
favorite
part
of
this
old
law
was
the
penalties
part.
It
states
that
anyone
found
an
unlawful
possession
of
copies
of
a
work
could
be
fined
and
that
their
copy
of
the
work
should
be
made
into
waste
paper.
I
had
no
idea
of
waste.
Paper
was
a
term
that
was
used
in
the
1700s.
B
Since
the
statute
of
anne
and
george
washington's
copyright
law,
u.s,
copyright
law,
of
course
has
been
rewritten
and
modified.
The
idea
of
overall
balance
between
property
rights
for
authors
and
society's
interest
in
the
free
flow
and
exchange
of
ideas
hasn't
changed.
The
most
significant
changes
have
been
to
the
sorts
of
publications
the
act
applies
to
so,
in
other
words,
it
now
applies
to
music
movies,
plays
internet
publications,
etc
and
the
length
of
time
before
an
author's
exclusive
rights
expire.
B
B
Unfortunately,
determining
whether
a
works
copyright
has
expired
is
not
just
a
mathematical
equation,
because
u.s
copyright
requirements
change
so
much
during
the
20th
century.
You
have
to
know
the
copyright
law
at
the
time
the
work
was
first
published
there
used
to
be
requirements
for
notice
and
renewal
that
we
don't
have
in
current
law.
B
Fortunately,
there's
a
very
cool
tool
online,
thanks
in
part
to
the
american
library
association
that
will
help
you
figure
out
copyright
status.
It's
an
interactive
tool
where
you
can
move
get
my
little
thing
here.
You
can
move
this
arrow
right
here
up
and
down
to
the
date
of
the
publication
and
at
the
same
time,
these
two
fields
here
will
change
according
to
the
date
of
your
publication,
and
then
you
can
click
on
them
for
further
information.
B
Once
it's
once,
it's
determined
the
year
of
your
publication,
so
that's
pretty
cool
the
u.s
copyright
office
also
has
a
really
helpful
website.
There's
a
lot
of
great
information
in
the
frequently
asked
questions
and
their
circular
21
publication.
It's
great
it's
great.
It's
aimed
at
educators
and
librarians.
It
even
includes
a
lot
of
the
legislative
history
of
the
copyright
law,
including
excerpts
from
senate
and
house
reports,
and
discussions
from
the
congressional
record.
It
even
cited
in
its
examples
of
fair
use,
a
quote
reproduction
of
a
work
in
legislative
or
judicial
proceedings
or
reports.
B
In
addition
to
information
and
background
about
copyright
law
generally,
they
also
have
a
searchable
database
of
registered
copyright
works
from
1978
to
the
present.
This
could
be
useful
if
you
have
determined
that
a
work
is
copyrighted,
but
you
want
to
find
out
where
to
get
permission,
to
use
it
and
for
copyrighted
works
before
1978
google
books
have
scanned
the
u.s
copyright
office's
catalog.
B
B
So
one
thing
I
wondered
working
in
a
legislative
environment
like
we
do
is:
how
do
public
records
laws
interact
with
copyright
law?
Does
one
trump
the
other?
Well,
there's
no
easy,
yes
or
no
answer
like
so
much
in
law.
It
really
depends
on
the
facts
of
an
individual
case
in
the
individual
court
hearing
it
the
two
laws
coexist
and
are
not
mutually
exclusive.
B
What
are
the
ways
public
record
issues
can
come
up
well,
first
of
all,
can
the
government
claim
copyright
in
its
work?
The
federal
government
definitely
can't
they
are
specifically
accepted.
Exempted
by
the
u.s
copyright
law.
State
government
may
be
a
little
different.
Some
states,
like
idaho,
claim
a
copyright
in
its
statutes,
so
as
legislative
staff,
if
we
create
a
work,
can
we
claim
a
copyright
in
it?
B
B
Do
we
allow
a
member
of
the
public
to
copy
it,
or
do
we
put
it
on
the
internet
if
our
copy
minute,
if
our
committee
minutes
are
online,
I
couldn't
find
any
court
cases
of
state
legislative
records
coming
up
in
this
way.
But
there
are
some
similarities
to
some
county
record
cases
which
I've
cited
for
you
on
this
slide,
the
agency
or
us
we
should
still
do
the
copyright
analysis.
Being
part
of
a
public
record
does
not
free
us
from
that
duty.
B
This
takes
us
in
to
the
actual
analysis.
A
person
needs
to
do
when
a
copyright
issue
comes
up.
The
first
step
is
to
determine
whether
the
work
or
the
proposed
use
of
the
work
is
covered
by
copyright,
since,
if
it's
not,
you
can
skip
all
the
other
steps.
The
us
copyright
law
by
the
way
is
under
title
17
of
the
us
code.
Section
101
is
definitions.
B
So
in
this
instance,
if,
for
example,
the
work
was
before
1923,
then
you
don't
need
to
go
any
further,
because
it's
expired
from
its
copyright
term
or,
for
example,
if
it's
not
a
creative
work,
if
it's
just,
for
example,
a
list
of
materials,
then
that's
not
covered
by
copyright
or
if
the
purpose
is
not
covered
by
copyright,
if
all
you
want
to
do
is
read
it
not
copy
it
or
distribute
it,
then
that's
not
subject
to
a
copyright
analysis,
because
that's
not
a
violation.
That's
not
a
protected
use.
B
So
on
this
slide,
I
just
have
some
of
the
section
108
exceptions
for
copyright,
and
I
would
suggest
that
if
your
situation
comes
under
one
of
these
private
research
and
study
would
probably
come
up
quite
a
bit
or
preservation
copy.
I
know
we
do
a
lot
if
it
comes
down
to
that
go
ahead
and
use
that,
because
that's
a
lot
more
specific
than
fair
use.
B
B
There's
a
book
called
copyright
law
for
librarians
and
educators,
creative
strategies
and
practical
solutions
by
kenneth
cruz,
that's
c-r-e-w-f
and
it's
a
really
helpful
book.
It
also
provides
some
sample,
checklists
or
forms
to
help
librarians
balance
factors
and
and
document
that
that
balancing
took
place.
B
B
Obviously,
non-profit
educational
purposes
are
going
to
weigh
more
heavily
in
favor
of
that
use
and,
according
to
an
analysis
of
court
decisions
done
in
a
recent
law
review
article
by
neil
weinstock
netanyahu,
it's
called
making
sense
of
fair
use.
Courts
are
trending
toward
approving
transformative
uses
like
parodies
and
song
sampling.
B
The
nature
of
the
copyrighted
work
is
the
second
element,
for
example,
is
it
an
unpublished,
work
or
already
published?
The
courts
have
given
more
protection
to
unpublished
works
because
they
feel
that
the
authors
didn't
have
any
intention
of
being
out
there
in
the
public
domain
and
then
again,
non-fiction
is
more
likely
than
fiction
to
be
found
as
fair
use,
because
once
again,
getting
back
to
that
original
intent
of
fostering
knowledge
and
learning.
B
B
They
might
arbitrarily
pick
a
number
and
say:
okay,
you
can't
copy
more
than
10
percent
of
a
work
or
more
than
one
chapter
from
a
book
or
more
than
one
article
from
a
journal,
but
this
can
be
a
misguided
rule
because
it
can
lead
you
away
from
the
real
balancing
analysis
that
should
be
done
in
fair
use.
So,
for
example,
there
are
situations
in
which
it
might
be
fair
use
to
use
an
entire
work.
B
B
B
There's
a
great
new
trend
that
I
also
want
to
make
sure
you
know
about.
You
might
see
these
little
cc,
symbols
on
the
bottom
of
web
pages
or
other
works,
and
it
doesn't
stand
for
closed
captioning
like
I
thought.
Creative
commons
is
a
movement
toward
allowing
authors
to
indicate
what
sorts
of
uses
they
want
to
allow
on
their
copyright
works.
It's
not
a
replacement
for
copyright
law,
but
rather
a
way
of
supplementing
their
rights.
B
In
other
words,
instead
of
not
allowing
any
uses
of
their
copyrighted
works
or
giving
up
all
their
copyrights,
authors
can
indicate
which
uses
they're
fine
with
and
then
they
don't
have
to
be
peppered
with
permission
requests
from
multiple
folks.
Each
symbol
represents
a
type
of
use
allowed
or
not
allowed,
and
I
realize
these
are
a
little
bit
small
here.
But
if
you
go
to
the
creative
commons
website,
you'll
be
able
to
see
them
a
little
better.
B
B
B
So
they
have
lists
of
places
where
you
can
get
public
domain
books
and
photographs
and
art
all
sorts
of
things
and
flickr
flickr
has
a
under
their
commons
flickr.com
commons.
They
have
a
nice
searchable
collection
of
photos,
but
you
do
have
to
be
careful
on
this
site
and
others,
because
some
of
them
may
have
some
creative
commons
or
other
restrictions
that
you
need
to
abide
by
so
always
check
the
fine
print
on
the
bottom.
B
B
I
recommend
this
book
which
you
can
purchase
or
you
can
download
for
free
with
the
author's
full
blessing
he
puts
it
right
on
his
site.
It's
the
public
domain
by
james
boyle
and
I
wouldn't
have
thought
there
could
have
been
exciting.
Interesting
reads
on
copyright,
but
but
his
is
really
kind
of
fun
to
read,
and
now
I've
probably
lost
all
credibility
with
you
guys.
B
B
Without
author
protection,
there's
less
incentive
for
those
authors
to
produce
and
with
the
decline
in
creative
works
production,
there's
less
flow
of
creativity
and
ideas
that
stimulates
others
in
turn.
So
I
really
think
these
two
forces
support
and
complement
each
other
librarians
have
a
duty
to
support
both
copyright
protections
and
fair
use
exemptions.
Equally,
all
part
of
the
same
thing.
C
Hello,
everyone-
this
is
john
heining,
and
I'm
going
to
talk
to
you
about
a
journey
that
I
had
with
regard
to
copyright
law.
I
want
to
introduce
you
to
one
of
the
excellent
publications
that
the
legislative
reference
library
here
in
texas
produces.
It
is
originally
started
as
their
clipping
repository
started
out
in
1900.
C
C
It
was
excellent
for
a
number.
First
of
all,
it
was
curated,
so
we
had
we
had
people
who
really
knew
about
state
government.
They
knew
what
was
what
was
useful
and
what
people
wanted
to
know.
It's
organized
in
predictable
format.
So
if
a
member
was
interested
in
whether
or
not
a
particular
issue
that
he
was
interested
in
was
getting
editorial
treatment
somewhere
or
if
a
member
thought
he
had
made
news
and
he
wanted
to
find
out,
he
could
go
and
find
that
in
a
specific
place
in
the
cliffs
every
day.
C
Moreover,
it
was
really
just
impractical.
You
know
we
in
texas,
we
have
districts
that
are
absolutely
massive
and
might
have
dozens
of
newspapers
found
within
those
districts,
and
it
was
just
impractical
to
have
somebody
go
through
each
newspaper
in
each
member
office
and
and
find
something,
of
course,
with
the
elimination
of
duplicative
effort.
There's
also
taxpayer
savings
associated
with
that.
C
The
the
issue
of
whether
or
not
they
were
they
were
distributing
copyright
material
too
broadly,
was
addressed
by
the
fact
that
they
that
you
could
only
access
the
clips
on
campus
on
the
legislative
intranet
they're
using
a
state
computer.
So
it
was
still
the
universe
of
people
who
were
able
to
access.
These
clips
remain
pretty
much
the
same.
C
The
problem
has
come
with
numbers,
getting
a
little
bit
more
sophisticated
in
the
fact
that
they
know
well,
hey
you
know.
If
you
can
post
a
pdf
up
on
your
website,
then
you
can
send
me
a
pdf
to
me
on
my
computer
at
home
and
I
can
read
it
at
7
30
in
the
morning,
while
I'm
eating
my
chocolate
cocoa
puffs
at
my
desk
or
in
my
my
breakfast
nook
there.
So,
there's
a
real
interest
in
making
these
clips
more
available
to
people
outside
of
the
capitol
and
off
campus
problem.
C
There,
of
course,
is
that
when
you're
talking
about
electronic
document
and
potentially
posting
that
electronic
document
on
the
on
the
web,
well,
you
know
that
the
distribution
is
no
longer
going
to
be
limited
and,
what's
more,
the
extent
of
the
permissions
that
were
granted
to
the
reference
library
in
1976
when
they
first
started.
Doing
these
doing
these
clippings
and
just
distributing
them
to
the
members
is
not
at
all
clear.
C
They
they've
basically
been
lost
to
history,
and
so
we're
really
not
sure
if
they
were
written,
we
don't
have
them
anymore,
and
if
they
were
verbal,
then
those
people,
you
know,
aren't
around
anymore.
So
so
mary
approached
legislative
council
and
asked
asked
us
if
we
had
any
attorneys
over
here
who
had
any
experience
in
copyright
law
and,
of
course
this
is
not
something
that
we
deal
with
on
a
regular
basis
and
we
decided
that
we
didn't
really
have
anybody
that
knew
anything
and
being
an
attorney
who
doesn't
know
anything
about
a
lot
of
things.
C
They
thought
I
would
be
perfect
to
address
this
issue.
So
first
thing
I
did
was
I
tried
to
figure
out
how
bad
is
it
you
know?
Are
we
are
we
as
a
state
entity?
Are
we
covered
by
the
by
the
copyright
law?
Well
sure
enough,
you
read
this
little
section
here
from
17,
usc,
section,
5,
511
yup
sure
looks
like
it.
So
all
right.
Well,
that's
bad!
So
does
it
qualify
under
fair
use
as
a
fair
use
is
distribution
of
the
clips?
C
Well,
if
you
look
at
the
fact
that
we
could
be
buying
newspapers
instead
of
instead
of
having
one
newspaper
subscription
that
gets
copied,
you
know
a
thousand
times
we
could
have.
You
know
I
don't
know
200
newspaper
subscriptions,
yeah
yeah,
that
that
competition
element
kind
of
looks
kind
of
bad
there,
and
then,
in
addition
to
that,
you
know
we
are
printing
all
of
all
of
this
material,
so
it
fair
use
at
least
the
typical
fair
use
analysis.
C
It's
kind
of
questionable
about
whether
or
not
it
applies
so
I
decided
to
go
deeper.
I
did
some
research
into
into
kind
of
the
legislative
history
of
copyright
and
because
I'm
thinking
well,
you
know
there
might
be
some
exemptions
for
legislatures
and
and
state
agencies
with
regard
to
this
issue,
so
I
found
this
great
quote
from
a
from
a
report
on
the
revision
of
the
copyright
law
from
1961.
It
says
reproduction
of
a
work
in
legislative
or
judicial
proceedings
reports.
It's
fair
use,
well,
fantastic
right.
That
seems
like
that
applies
well.
C
No,
I
I
don't
think
so.
I
think
you
know
we're
talking
about
clips,
we're
talking
about
things
that
legislators
might
be
reading
just
because
they
find
interesting,
maybe
not
necessarily
associated
with
bill.
That's
going
to
get
filed.
I
think
when
this
report
was
was
what
this
report
was
talking
about
was
really
you
know,
maybe
copyrighted
material
that
might
be
found
in
a
legislative
legislative
report
or
copyright
material
that
might
have
been
reprinted
because
it
was
submitted
as
witness
testimony
that
type
of
thing
all
right.
C
So
then
we
went
and
talked
about
the
library
exception,
and
you
know
you
know
this.
This
initially
made
me
feel
pretty
good.
So
you
look.
You
say:
okay,
the
reproduction
or
distribution
is
made
without
any
purpose
of
commercial
advantage.
Sure,
okay,
we're
a
state
agency,
no
commercial
advantage,
the
collections,
the
library
are
open
to
the
public.
Yes,
they
are
the
reproduction
or
distribution
of
the
work
includes
notice
of
copyright.
We
can
do
that.
No
problem
at
all.
C
The
problem
is
that
when
then,
you
start
talking,
you
start
looking
at.
Is
one
copy?
Okay?
Well,
we
make
a
lot
more
than
one
copy,
no
more
than
one
article.
Well,
we
certainly
the
clips
might
use
multiple,
multiple
articles
from
a
single
newspaper.
If
the
newspaper
particularly
has
a
has
a
real,
interesting
issue.
So
probably
not
probably
not
the
library
exception
either.
C
C
So
what
ends
up
happening
is
this
goes
all
the
way
up
to
the
supreme
court
when
florida
refuses
to
negotiate
and
the
supreme
court
says
no.
Under
the
11th
amendment,
the
the
congress
is
prohibited
from
using
its
article
1
powers
to
abrogate
state
sovereign
immunity.
So,
okay,
well,
that's
cool!
We're
talking
about
indian
gaming!
So
well,
let's
talk
about.
Let's
look
at
the
article
one
tax,
okay
right,
regulate
the
the
indian
tribes
provide
and
maintain
navy
right.
C
C
There
are
two
and
two
doors
that
you
have
to
walk
through.
The
first
is
that
the
11th
amendment
requires
congress
to
indicate
to
to
intend
to
aggregate
state
immunity
very
and
maybe
make
that
statement
very
clearly
that
was
provided
for
in
the
patent
law.
But
in
addition
to
that,
the
this
abrogation
of
state
immunity
of
state
sovereign
immunity
is
must
be
pursued
pursuant
to
a
valid
exercise
of
power.
Well,
what's
a
valid
exercise
of
pattern
power?
C
Well,
basically,
what
has
to
happen
is
that
the
congress
has
to
identify
a
wrong
being
committed
by
the
states
and
work
to
remediate
that
wrong
under
its
powers
granted
by
the
14th
amendment
supreme
court
came
back
and
said.
Well,
there
is
no
power.
There
is
no
pattern
of
infringement
here
there
there
is
no.
There
were
no
witnesses
or
very
few
witnesses,
very
few
incidences
of
patent
infringement
presented
to
congress
by
regarding
the
state
and
let
alone
was
there
a
pattern
of
constitutional
violation.
C
We
go
to
my
home
state
here
in
texas
and
denise
chavez
she's
a
nationally
renowned
playwright
and
dramatist.
She
contracts
with
the
university
of
houston
publishing
division,
which
is
called
arte,
publico
press.
Incidentally,
the
university
of
houston
is
a
is
a
state
university
and
in
1986
she
contracts
for
a
publication
of
hers
to
be
pro
and
produced
by
artepulco
called
the
last
menu
of
girl
or
the
last
of
the
menu
girls
and
she's
not
happy
with
it.
C
The
the
press
basically
doesn't
correct
some
errors
that
are
found
in
the
publication,
so
she
basically
comes
out
in
1991
and
says:
hey
no
more.
I
I
think
our
contract
is
over
and
I
don't
want
you
to
produce
any
more
additional
copies
of
the
book
university
of
houston
comes
back
and
says:
no,
actually,
we
think
under
our
contract,
that
we
have
permission
to
print
five
thousand
more
copies,
so
we're
going
to
do
it
and
in
1993
the
child
as
sues.
C
And
this
holding
has
been
adopted
by
a
number
of
other
courts
here
from
utah
all
the
way
to
to
new
york
and
california.
So
you
know
it
seems
to
be
pretty
popular
and
what's
more,
it's
a
one-sided
arrangement.
Here
you
have
a
picture
of
a
starving
artist,
daniel
moore
and
what
his
schtick
is
is
to
paint
key
plays
of
for
the
university
of
alabama
football
team
and
sell
these
paintings
university
of
alabama
sue's,
saying
well
you're,
infringing
our
copyright,
you're
pre,
infringing
on
our
patent.
C
And
so
you
know
you
need
to
pay
us.
Some
money
and
university
alabama
actually
lost
this
suit,
but
it
wasn't
because
they
didn't
own
the
patent
or
didn't
own
the
copyrights
in
their
uniforms.
Rather,
they,
mr
moore,
successfully
argued
that
his
work
was
sufficiently
transformational
to
constitute
a
new
work
that
that
wasn't
infringing.
D
C
Yes,
I'm
telling
you
that
and
so
woohoo
it
doesn't
really
matter
what
we
do.
We
can,
just
you
know,
shoot
our
guns
in
the
air
and
ride
out
into
the
west
and
infringe
on
copyright
wherever
we
want
to
go,
it
doesn't
matter
right
and
obviously
there's
some
some
possibilities
here.
For
example,
my
agency
might
be
able
to
balance
its
budget
by
producing
cut
rate
copies
of
harry
potter
books.
C
C
But
I
want
you
to
consider
some
issues
here
before
you
go
and
go
and
do
that.
The
first
is
that
injunctive
relief
might
be
available
under
a
case
called
ex
parte
young.
We
won't
go
into
it
in
any
detail
here,
but
basically,
what
ends
up
happening
is
the
individual
state
employee
is
sued
for
injunctive
relief
to
require
them
to
know
to
to
not
publish
the
imprinting
work
anymore
and
then
also,
you
know
it
might
result
in
the
possible
destruction
of
the
infringing
material.
C
That's
a
possibility.
It's
not
very
clear
whether
or
not
it
applies,
but
certainly
a
possibility.
There
are
state
laws
that
provide
copyright,
protection
and
then
excuse
me
and
then,
in
addition,
the
supreme
court
may
change
its
mind.
This
both
the
seminole
case
and
and
the
college
finance
case,
were
both
5-4
rehnquist
decisions.
So
you
know,
depending
on
the
the
constitution
of
the
court,
these
things
might
flip
back
and
forth.
C
Don't
always
agree
with
that
with
the
the
chavez
and
the
chavez
decision,
and
it
may
not
apply
seminole
tribe
correctly.
In
this
case
here
in
georgia,
the
georgia
state
university
was
basically
what
was
happening
in
the
library
for
georgia.
State
university
was
posting
scholarly
articles
at
the
request
of
professors
onto
their
website
so
that
they
could
so
that
students
could
go
and
read
those
articles
and
the
publisher
of
those
articles
or
one
of
the
publishers
of
the
articles
sued,
saying
that
this
was
an
infringement
and.
C
The
court,
I
think
she,
I
think
the
judge
misapplied
the
the
tests
involved,
but
she
came
out
and
said
that
there
was
no
state
immunity
under
seminole
tribe
and
under
the
the
college
finance
cases
now.
She
did,
however,
find
that
these
and
that
the
use
of
this
material
was
not
infringing,
and
it
was
because
of
a
rather
interesting
process
that
the
georgia
university
georgia
system
applies
and
we'll
get
to
that
in
just
a
minute.
C
So
those
are
the
legal
issues.
You
also
want
to
consider
the
contractual
issue
or
consider
some
of
the
more
practical
issues.
For
example,
people
entities
that
produce
copyright
works
might
obtain
contractual
remedies
against
you
and,
moreover,
if
you
don't,
if
you
don't
accept
the
contractual
revenues
they
may
not
want
to
contract
with
your
agency
or
because
one
of
some
other
state
agency,
not
yours,
engages
in
regular
violation
of
copyright,
they
may
not
want
to
copyright
with
your
agency.
C
Another
real
limiting
factor
is
that
if
you
do
misuse
copyright,
a
copyright
material,
you
can't
transfer
or
license
that
copyrighted
material
if
it
becomes
part
of
another
work
that
you're
producing.
So
let's
say
that
you
have
a
really
excellent
book,
but
it
contains
infringing
material.
You
can't
then
license
it
to
somebody
else,
because
it's
still
infringing,
of
course,
public
perception
is
an
issue.
And
finally,
you
know
it's
just
flat,
unethical
and
unfair
to
infringe
like
that.
C
So
going
back
to
the
lrl,
how
are
things
looking
for
them?
Well,
the
there
are
a
couple
of
things
to
consider
here.
The
first
is
that
you
know
the
members
of
the
legislature
are
opinion.
Leaders
here
in
texas
and
mary's
publication
isn't
just
a
fantastic
publication.
So
when
it
comes
to
issues
of
use,
copyright
holders
are
much
more
upset
that
they're
not
included
in
mary's
clips
than
if
they
are
included
in
mary's
club.
C
So
I
think
they
probably
are
just
fine
just
because
of
the
quality
of
the
work
and
the
audience
that
it's
produced
for,
but
that
doesn't
mean
that
they
can't
be
proactive,
one
of
the
things
that
they
can
find.
What
they
can
and
are
doing
is
they're
copying
the
library
exemptions
to
the
extent
possible
that
you
know,
based
on
their
on
their
business
processes
and
they're,
reducing
copies
when
possible
and
also
they're,
using
some
really
neat
technology
to
minimize
or
avoid
infringement
entirely.
C
This
one
here
is
this
is
a
screenshot
of
my
outlook,
page
there
for
which
is
following
rss
feeds.
If
you
know
what
an
rss
feed
is
it's
a
it's?
Basically,
you
can
subscribe
to
an
address
and
it
will
provide
you
with
with
content
the
content
provider
can
provide
you
with
content
so
that
you
can
just
follow.
Follow
their
website,
follow
their
blog,
follow
their
facebook
page
without
having
to
go
and
visit
it
constantly.
C
C
C
So
it's
really
it's
just
a
really
neat
system,
and
I
don't
think
that
this
is
infringing
at
all.
I
you
know
this,
and
this
is
really
putting
the
lrl
into
the
position
that
it
wants
to
be
in
as
a
consolidator
of
information
in
in
you
know,
making
that
information
available
to
everybody,
but
not
actually
publishing
that
information.
C
And
then,
finally,
we're
going
back
to
that
georgia
state
university
case
here.
What
the
university
of
georgia
system
was
doing
was
they
had
a
four-factor
checklist
that
whenever
a
professor
wanted
to
post
a
work
onto
the
the
george
state
university's
website,
they
had
to
go
through
the
to
to
go
through
the
checklist
and
submit
it
and
submit
it
to
me
to
the
library
that
hey?
C
I
think
that
this
is
a
fair
use
and
non-infringing
and
non-infringing
use
of
the
work,
and
you
can
see
their
checklist
right
here
and
the
the
the
judge
when
she
reviewed
all
of
you
know
is
literally
a
couple
hundred.
You
scholarly
articles
that
have
been
published
on
the
website
because
they
had
gone
and
used
this
checklist
with
every
one
of
these
of
these
works
that
had
been
submitted.
She
basically,
she
put.
C
A
D
C
Barbara,
I
think
I
can
respond
to
that
question.
We
we
actually
did
consider
the
use
of
security
limitations
for
pdf
documents.
The
problem
is
is
that
those
security
limitations
are
pretty
easily
defeated
and
they
only
interact
with
certain
types
of
software.
So
it
wasn't,
it
wasn't
going
to
be
a
very
and,
moreover,
they
interfered
with
the
access
of
the
pdfs
by
certain
types
of
software.
So
so
it
really
wasn't
a
good,
a
good
solution.
A
A
C
Yeah,
I
think
that
would
that
would
count
as
as
submitting
the
work
as
part
of
testimony
as
part
of
le
as
part
of
legislative
testimony,
and
at
least,
if
you're
going
to
get
a
base
it
on
that
that
congressional
article
where
they
were
discussing
you
know
fair
use.
You
know
that
that
certainly
seems
like
that
would
be
fair
use
to
me.
A
A
B
C
I
I
think,
I
think,
that's
a
very
fact
specific
question
and
I
I
would
hesitate
to
say
one
way
or
the
other
about
that.
I.
I
really
think
that
would
be
something
that
you'd
really
want
to
look
at,
that
specific
publication
and
the
context
of
the
distribution
and
and
kind
of
make
a
determination
from
there.
A
B
I
think
that
now
I
think,
distributing
on
the
website
would
be
would
be
probably
a
violation.
I
think
if
you
were
to
buy
a
copy
and
say
there's
a
copy.
You
know
on
file
with
our
administrative
rules
coordinator.
That
would
be
one
thing,
but
to
distribute
it
unlimited
to
the
public,
I
think,
would
probably
be
an
infringement.
C
A
Correct,
that's
true.
We
also
do
a
value
add.
As
the
library
we
read
each
clip
and
we
link
bills
reports
lawsuits
whatever
is
talked
about
in
the
in
the
article
and
that
can
be
found
on
our
website
as
well.
So
if
you
it
mentions
a
bill,
you
can
go
to
that
bill
or
if
it
mentions
a
report
or
a
lawsuit,
we've
linked
that
so
the
value
added
to
go
see
supporting
documentation
to
that
clip.
A
B
Well,
I
think
you
know
again:
you're
gonna,
you're
gonna
have
to
look
at
each
each
document
I
mean.
Hopefully
each
document
has
been
you
know,
collected
legitimately
and
not
in
violation
of
fair
use.
I
don't
think
that
a
collection
of
them
is
going
to
be
any
different
than
you
know
each
one
individually.
As
far
as
doing
that,
fair
use
analysis.
C
Well,
the
technology
that
we
use
here
in
texas
is
basically,
if
you're
logging
in
to
the
lrl's
website
from
somewhere.
That
is
not
the
state
capital
on
a
state
capital
official
computer.
Then
you
can't
see
it
so
now.
I
I
think
that
there
is
some
liability
with
regard
to
this.
If
we,
if
we
don't,
if
those
permissions
don't
exist-
and
you
know
if
somebody
doesn't
want
to
have
the
the
document
distributed
in
the
fashion
that
the
lrl
distributes
it,
I
I
think,
there's
potential
that
it's
infringing,
but
I
you
know
mary.
A
A
And
since
we
are
tweeting
clips,
we
are
starting
to
hit
paywalls
and
we
are
in
the
process
of
contacting
that
newspaper
to
see
if
we
can
work
out
a
subscription
so
that
we
don't
have
to
pay
per
issue,
so
to
speak
our
per
article
and
if
they
don't
want
us
to
participate
or
don't
want
us
to
put
it
up
there,
we
simply
will
drop
them
from
the
clipping
service.
So
that's
right
where
we
are
in
the
middle
of
all.
This
is
kind
of
renegotiating
all
that.
B
I
think
that's
going
to
you
know
vary
by
each.
You
know
state's
laws.
I
think
idaho
would
probably
claim
every
right
in
that.
As
a
you
know,
along
with
in
idaho,
it's
it's
filmed
by
the
idaho
public
television,
so
I
think
that
they
would
probably
have
co-writes
in
that,
but
I
understand
that
some
states
are
not
as
aggressive
about
asserting
copyright
in
their
state
work,
so
I
think
that
would
probably
vary
from
state
to
state.
B
C
B
And
I
think
it
probably
can
is,
if
that's
a
you
know,
the
the
creative
threshold
for
being
copyrightable
is
pretty
low.
You
know,
you
can't
have
a
list
of
ingredients
be
copyrighted,
but
if
you
start,
you
know
putting
a
little
information
about
how
to
mix
those
ingredients
together.
Then
then
that's
creative
enough,
and
so
I
think
that
you
probably
could
I.
C
B
C
Yeah,
I
I
think
you
know,
as
with
you
know,
any
publication
is
only
copyrighted
to
the
extent
that
it's
copyrighted,
you
know
the
if,
if
you
have
infringing
work
on
within
a
novel
say,
but
but
you
but
the
rest
of
it
is
not
infringing.
You
know,
you
don't
lose
your
copyright
in
in
the
larger
work
just
because
you
have
a
a
portion
of
it
that
becomes
that
becomes
that
that
you
can't
defend.
A
A
Remember
that
you'll
be
able
to
access
the
recorded
copy
of
today's
webinar
and
the
handouts
on
ncsl's
website
within
the
next
two
weeks.
Also
you'll
receive
a
follow-up
email
with
a
survey
about
today's
webinar
and
we'd
appreciate
your
feedback
again.
Thank
you
for
attending.
You
may
now
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out
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the
webinar.