LIS Lady’s Statement on Federal Copyright Protection of Pre-1972 Sound Recordings [PDF]

The U.S. Copyright Office, under direction from Congress is conducting a study on the “desirability and means of bringing sound recordings fixed before February 15, 1972, under Federal jurisdiction,” particularly as it relates to the ability of cultural heritage institutions to preserve and provide access to this class of recordings. For those of you not in the know, this class of recordings is not currently protected by Federal law, and instead is covered by a bevy of conflicting and confusing State statutory, criminal, and common laws. Unfortunately, this means that nearly no pre-1972 sound recordings are in the public domain in the United States.  This is problematic for libraries and archives charged with caring for and ensuring continued preservation of and access to these recordings.

This topic is near and dear to me, as it relates directly to my summer internship at the Graduate Theological Union’s Flora Lamson Hewlett Library, where I assessed intellectual property concerns and developed metadata requirements for the digitization of a pre-1972 sound recording collection. Further, I developed a research proposal on the topic for my Research Methods course. I appreciated the opportunity to submit my comments to the U.S. Copyright Office.

The extended deadline for submitting comments to the U.S. Copyright Office was today, and replies to the comments will be open until March 2, 2011. Attached is my statement to the U.S. Copyright Office.

LIS Lady’s Statement – [PDF]

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Fall 2010 at SJSU SLIS: Week 2

Much better than week 1. Much, much better. Sigh of relief.

I’ve turned in my first assignment, read the required readings, and feel settled into the fall semester. I’m way more organized and finally can get a grip. The major hiccup for me during week 2 was the discovery of a vampire novella, Dinner With a Vampire. Did I mention I’m Vegetarian?, available online at Wattpad, an eBook community. I only have Twitter to blame for alerting me to the story in 140 characters or less (and myself, of course, for following the link, retweeting it myself, and getting sucked in). I spent a day obsessively reading a story about a teenage girl who is kidnapped by hot teenage vampires. Seriously, this gives the traditional captivity narrative a new twist. Twisted, but fun. Seriously guilty pleasure. I had to cut myself off, though. I haven’t finished reading it, so I still don’t know how it ends. Does she get away? Does she get turned into a vampire? Is it all a dream? Who knows. Maybe I’ll read more for Labor Day. Gotta love three day weekends. Although, three day weekends have little meaning in the online classes environment. I mean, my assignment was due Sunday night. Weekend-interruptus syndrome. Oh well.

As for school, I’ve been thinking about my research methods course. I’ll have to write a research proposal this semester which I may link to my summer internship at GTU. I interned at the Flora Lamson Hewlett Library and did a lot of research on copyright issues for pre-1972 sound recordings. I’d like to find out how other organizations are handling this issue, and specifically if the complexity of intellectual property law for this particular class of resources does indeed hamper efforts at digitization and digital preservation. Of course, I don’t know what research if any exists on this topic, but I expect if this becomes my topic, I will soon find out. I also know from experience how daunting the intellectual property issues are.

I’ll be refining my research proposal idea over the coming week. I’m sure I’ll have more to add by then.

As for other projects, not much progress yet. My fall internship for Bancroft Library in Berkeley still hasn’t started. My ePortfolio (thesis project) is slow going, but at least it is going. And I plug away little by little at understanding and using RDA to catalog with MARC. All of these will be ramping up soon, and I will be very very busy.

Holy moly. This fall semester is going to be nuts. But oh, how I like me some nuts!

School’s Out For Summer, err…Summer’s Out For School?

Wow, it is so hard to believe, summer is officially over. School starts again on Wednesday. I’ve already been checking in on my course websites, and spent all morning trying to add a class late–so it feels like school is already in session.

This week I complete my internship, I just have some polishing to do on my metadata and copyright documents, and of course a final check in with my site supervisor at GTU‘s Flora Lamson Hewlett Library. This week is going to be busy, but exciting.

I also got news that I was selected for an internship at UC Berkeley‘s Bancroft Library (want to check the library out? Go to their open house on Wednesday 8/25/2010). I’ll be processing manuscript collections along with three other interns. I start in mid-September. Also very exciting.

So, welcome to my final semester at SJSU! I will graduate with my masters in Library and Information Science in December. Wow! Time flies.

Coming to a Close: Summer Digitization Internship

My summer digitization internship at the Graduate Theological Union‘s Flora Lamson Hewlett Library, has been different than expected. But as it comes to a close, I’ve reviewed my anticipated learning outcomes, and realize that I’ve met my goals. I started with a wild list of possible learning outcomes, that no one could possibly meet in one short summer. Fortunately, wiser heads prevailed and I pared the list down to three fairly specific goals:

1. Competently use equipment and software for 1) the digitization of reel-to-reel audio tapes and 2) the management of digital files online in accordance with industry standards and best practices.
2. Plan, assess and create descriptive, administrative, and structural metadata in order to support the discovery, management, and preservation of digital files.
3. Demonstrate competence in applying knowledge of legal and ethical issues surrounding intellectual property in the management of digital collections in the online environment.

By tailoring the list so specifically, I was able to self direct my activities to a certain degree and spend the time it took (a luxury I realize working professionals don’t always have) to review material and learn about new aspects of the project, rather than flailing from task to task without direction. Of course, my site supervisor at the GTU Library, Melodie Frances, would never have let me fall into that trap in the first place. Fortunately for me, she allowed me to work independently, thus gaining confidence, and was ready and willing to listen to the knowledge I brought to the table, as many of the areas I was researching were new to her as well. Well, primarily the area of copyright. She had been involved with project metadata and digitization long before I arrived at her library. The intellectual property issues surrounding the project are a different cup of tea, however, and I will discuss my third learning outcome below.

Copyright for pre-1972 sound recordings, as I’ve posted before, is tricky stuff. Federal copyright law only applies to any underlying works on the recording such as a musical composition or poem, not to the actual recording itself. Seriously, this complicates matters. As a result, state law fills the gap, and protects the recording with criminal and civil antipiracy statutes, as well as state common law, including common law copyright (relating to the right of first publication), unfair competition & misappropriation, conversion, and unauthorized distribution. Additionally, rights of privacy and publicity can apply as well. And then of course, there is no guarantee which particular state’s laws will apply in a given case, as it is possible and highly likely for the laws from more than one state to apply, particularly when there are multiple copyright holders.

So what is a library or archive to do? There is hardly a circumstance where recordings are in the public domain. Clearly, one must attempt to get permission in good faith. But what about orphan works where the rights holder cannot be ascertained or found? Is it a safe bet to assess the risk, make sure that any intended use is not for commercial gain (directly or indirectly), and make it accessible online? Or is it best to wait until 2067 when the work enters the public domain? Waiting until 2067 just seems like too long a wait. Hopefully orphan works legislation will be passed before then, although I’m not holding my breath.

The whole issue is seriously complicated. I am finishing a paper about unpublished pre-1972 sound recordings for my internship. It is an assessment of current documentation at the GTU Library, the specific needs of the Jesuit Tape Collection, and recommendations for steps to take going forward with the digitization project. These poor tapes are at the end of their life span, and will not wait until 2067. For preservation sake, the digitization has to happen now. Fortunately, there is little risk with this. The problem is of course access. And what good is a historically significant tape collection, if few may access and use it?

One of the major advantages of digitizing a collection is increasing access to a wider audience while at the same time reducing wear and tear on the original, already damaged tapes during use. Magnetic reel-to-reel tapes just don’t last as long as some other materials.

Too bad intellectual property law is not up to date with the digital age of online access. I hope to see some positive changes to this as I move from intern to MLIS to professional.

Field Trip: USF’s Gleeson Library

Oh, I’m so excited! I have a field trip today. My internship site supervisor and I are going to the Gleeson Library at USF in order to research the history and other details of the Jesuit Tape Collection which is housed at the Graduate Theological Union library in Berkeley.

Hopefully we will get some good information that will help to clear up some of the copyright concerns that have been plaguing the progress of the digitization project. Really, I think some fresh information might give us a new direction and more importantly, new contacts.

Well, I must plan my trip into the city! I will update with more details later.

Lost on UC Berkeley Campus: A Pleasant Surprise

I came down some stairs and found a bridge

On a recent trip to my internship site at the GTU Library, I decided to avoid the steep walk up the hill to Ridge Road in Berkeley, and instead cut through the U.C. Berkeley campus. I decided to take a different path, and fortunately (except for the heat…I am always red faced by the time I arrive at the GTU), found my way to a picturesque pathway, that reminded me a bit of Lithia Park in Ashland, OR, where I spent most of my grade and high school years. It really was beautiful, although the path was a bit out of the way of my destination. Nevertheless, I enjoyed the change of scenery. I must take more time to explore the campus’ footpaths.

Creek on U.C. Berkeley Campus: A refreshing change of pace

Creek on U.C. Berkeley Campus

It’s Getting Hot in Here: Interning at Home, Studying Copyright

So, it is hot today and I’m at home instead of my library internship site. And my apartment doesn’t have air conditioning, and feels more like a hothouse. Yuck. I am sweaty and hot. Today, the Flora Lamson Hewlett Library (GTU Library) at the Graduate Theological Union (GTU)–my digitization internship site–is upgrading to a new system server, and I’ve agreed to work from home, which is always a dangerous proposition–so many distractions, my husband included. Also, my sister is pregnant and will give birth any day now, and I am constantly checking my phone for updates. In favor of clear focus however, I’m all caught up on my Netflix cue, so I’m really ready to go to work, and have decided to do so.

I’m thinking about my internship and realize I’d better get crackin’ on my copyright research for tomorrow. One of my tasks is to do a copyright assessment for the Jesuit Tape Collection (JTC) digitization project. I’ve reviewed and summarized current GTU and GTU Library documentation regarding intellectual property–mostly copyright stuff. However, the JTC involves pre-1972 sound recordings which are particularly troublesome, because although they are not protected by federal copyright law due to a loophole created by historical precedence (thanks piano roll!), state laws have filled the void to varying degrees. And all this is of course, ridiculously complex, apparently even for legal experts.

So I’ve been reading and reading. About copyright law in general, and about pre-1972 sound recordings specifically. Today I hope to add to my report, fleshing out the details that need to be taken into consideration by the GTU Library when planning for streaming the digitized files. I’ve got a few hours of work ahead of me, and tomorrow it will probably be back to planning metadata for compound objects in CONTENTdm. So, I’ll endure the heat, and move forward onto the tangled path that is copyright law, this evening. I’m sure I’ll be reading this stuff for days on my own time. Here are a few good resources:

Besek, J. M. (2009, March).  Copyright and related issues relevant to digital preservation and dissemination of unpublished pre-1972 sound recordings by libraries and archives. Available from the Council on Library and Information Resources (CLIR): Publication 144

Besek, J. M. (2005, December).  Copyright issues relevant to digital preservation and dissemination of pre-1972 commercial sound recordings by libraries and archives. Available from the Council on Library and Information Resources (CLIR): Publication 135

Jaszi, P. & Lewis, N. (2009, September). Protection for pre-1972 sound recordings under state law and its impact on use by nonprofit institutions: A 10-state analysis. Available from the Council on Library and Information Resources (CLIR): Publication 146

Analog to Digital: Trials and Tribulations

So I’ve been working on my internship for a month now, and I’m feeling like I’m pretty well oriented to the project and the internship site. Nevertheless, as warned in reading after reading, for digitization projects you must always allow for extra time. You never know what will go wrong, much less when it will go wrong.

GTU's Flora Lamson Hewlett Library

First, a little about the internship: I am the digitization intern at the Flora Lamson Hewlett Library, which is part of the Graduate Theological Union in Berkeley, CA. My site supervisor is the head of cataloging (she is currently away at ALA 2010, lucky), and I pretty much work with her exclusively. All told, there are three of us involved in the project: my site supervisor, a volunteer, and myself. Two other interns have worked on the project in prior semesters. Together, we are managing the analog to digital transfer of nearly 1000 reel-to-reel audio tapes created in the 1950s and 1960s.

It is a bit sad that many of the tapes are in bad condition. It is possible that some content may be lost, when any given tape(s) have deteriorated past the point of salvation. Of course, outsourcing for professional treatment is possible in some cases. Nonetheless, as the much of the material is unique and of high research value, with information and discussion by priests about Vatican II, and other topics surrounding this historical period in the Jesuit community, it is hoped that as digitization progresses, sticky shed syndrome and the like will be minimal enough to ensure the success of the project.

To date, my involvement with the actual digitization process has been minimal, and the three times I have been trained, there has always been a problem that has interrupted the process. Lucky for me, I will be able to get some one on one training early next month. So far though, my digitization experience is somewhat laughable.

Sony RTR Player

On attempt one, the selected reel had tape that was so badly warped, that it was set aside for possible outsourcing. On attempt two, the selected reel was brittle, and a piece of tape was broken away, leaving no leader at the beginning of the reel. By the time I was shown how to splice it and repair the break, we had another false start, as the old Sony RTR machine is finicky, and the play button would not stay depressed long enough to even begin a transfer. After troubleshooting, and solving this problem, the day had ended without a single digital file to show for it.

Finally, the next day, after a couple of meetings, there was just enough time to digitize one file, and of all things, my trainer and I didn’t hit record. So I listened to an hour of playback, with no results. It just goes to show, that there are so many places where errors and lapses of judgment can occur. In other words, mistakes can and do happen, and digitization always needs extra time for this included in the planning.

GTU’s Flora Lamson Hewlett Library

Sony RTR Player

Zoom A/D Converter.

Close quarters: The work area is small.

Tapes on library cart.

Two series of tapes identified as problem tapes.

Tapes are housed in light-duty cardboard cases.

Reel labels provide metadata.

Labels or writing on tape case boxes provide metadata.

Scotch brand magnetic RTR tape.

My Summer 2010 internship is at the Flora Lamson Hewlett Library, at GTU in Berkeley, CA.