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How should copyright exceptions be drafted? This is a question of
ongoing concern in scholarly and law reform debates. In Drafting
Copyright Exceptions, Emily Hudson assesses drafting options using
insights from the standards and rules literature, and case studies
from cultural institutions in Australia, Canada, the UK and the US.
Drawing on thousands of hours of fieldwork conducted over fourteen
years, the book describes how staff engage with and interpret the
law. Whilst some practices are guided strongly by copyright
doctrine, others are influenced by the factors such as ethical
views, risk assessment, and prosaic matters related to collection
management. This work should be read by anyone interested in a
detailed account of interpretative practices related to the
drafting of copyright exceptions, but it also speaks to broader
debates about the relationship between the 'law in books' and the
'law in action'.
How should copyright exceptions be drafted? This is a question of
ongoing concern in scholarly and law reform debates. In Drafting
Copyright Exceptions, Emily Hudson assesses drafting options using
insights from the standards and rules literature, and case studies
from cultural institutions in Australia, Canada, the UK and the US.
Drawing on thousands of hours of fieldwork conducted over fourteen
years, the book describes how staff engage with and interpret the
law. Whilst some practices are guided strongly by copyright
doctrine, others are influenced by the factors such as ethical
views, risk assessment, and prosaic matters related to collection
management. This work should be read by anyone interested in a
detailed account of interpretative practices related to the
drafting of copyright exceptions, but it also speaks to broader
debates about the relationship between the 'law in books' and the
'law in action'.
The development of new digital technologies has led to fundamental
changes in the ways that cultural institutions fulfill their public
missions of access, preservation, research, and education. Many
institutions are developing publicly-accessible websites in which
users can visit online exhibitions, search collection databases,
access images of collection items, and in some cases create their
own digital content. Digitization, however, also raises the
possibility of copyright infringement. It is imperative, therefore,
that staff in libraries, archives, and museums have a good
understanding of fundamental copyright principles and how
institutional procedures can be affected by the law. Copyright and
Cultural Institutions was written to assist understanding and
compliance with copyright law. It discusses the basics of copyright
law and the exclusive rights of the copyright owner, the major
exemptions used by cultural heritage institutions, and stresses the
importance of "risk assessment" when conducting any digitization
project. Two cases studies (on digitizing oral histories and
student work) are also included.
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