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COPYRIGHT: In the context of Digital Humanities projects, "copyright" refers to the legal right granted to creators of original works, such as text, images, audio, or video, which gives them exclusive control over how their work can be from copied, distributed, displayed, modified, or adapted by others without permission from the copyright holder. Not observing such conditions is typically considered infringement, unless protected by "fair use" exceptions depending on the specific circumstances.
FAIR USE: “Fair use” refers to the legal doctrine (defined in section 107 of the U.S. Copyright Act) that allows researchers to use copyrighted material without the copyright owner's permission in some circumstances. "Fair use" in digital humanities projects allows researchers to incorporate limited portions of copyrighted material into their projects without seeking permission, as long as the usage is considered transformative, for purposes like criticism, commentary, research, teaching, or scholarship.
For Companion USC Libraries Research Guides on Copyright and Fair Use see:
Annie Thompson, Copyright and Fair Use, "This guide provides an introduction to copyright and fair use, with a focus on instruction, for USC faculty, students, and staff."
Ruth Wallach, Fair Use, "This guide offers basic information on using images and media in research. Reasonable use of images and media in teaching, course papers, and graduate theses/dissertations is generally covered by fair use."
DH PROJECTS AND COPYRIGHT
Issues to consider in digital humanities projects related to copyright:
- Identifying copyright holders: Finding the correct copyright holder for older works or materials with unclear ownership can be difficult.
- Dealing with complex licensing agreements: Understanding the specific terms of different licenses, especially when using multiple sources, can be challenging.
- Rights management for large-scale projects: Managing copyright permissions for numerous contributors and diverse media types within a large digital humanities project can be complex.
Research Guides:
American University (Washington DC) - Research Guide: Copyright Guidelines – Intro to Digital Research for Students.
Fordham University - Research Guides: (A) Digital Humanities: Copyright and Digital Projects. (B) Copyright Resources: About Copyright.
READINGS - A SELECTION - COPYRIGHT AND THE LAW
Balancing Copyright Law in the Digital Age by Call Number: Available OnlineISBN: 9783662446478Publication Date: 2014-12-03This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.
EU Digital Copyright Law and the End-User by Call Number: Available OnlineISBN: 9783540759843Publication Date: 2008-02-26To what extent is the user of a copyrighted digital work entitled to make a copy for personal use of the work without the copyright holder’s consent? Are file-sharers shielded from copyright liability under the exception of private copying when they download music files from peer-to-peer networks for free? May Digital Rights Management (DRM) technologies solve the digital copyright dilemma and become "user-friendly"? These are some of the questions that this book considers in its thorough exploration of the legal framework of EU digital copyright law from the perspective of the ‘end-user’. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This book is the first comprehensive, critical analysis of its kind. It is crucial reading for lawyers, policymakers and academics interested in copyright law, competition law covering digital media and information technology, consumer digital rights, Internet governance, freedom of expression and user data protection in digital settings.
BOOK CHAPTER
Nayyer, K. P., & Hawkins, S. (2021). “Issues and Intersections of Indigenous Knowledge Protection and Copyright for Digital Humanities,” in Access and Control in Digital Humanities, Routledge: pp. 192-202 (1st ed.)
This chapter examines legal issues and principles touching on access to and control of Indigenous knowledge, and specifically the intersections of Indigenous peoples’ knowledge protection regimes with domestic enacted copyright laws, jurisprudence, and treaties.
READINGS - A SELECTION - ARTICLES AND CONFERENCE PROCEEDINGS
Wharton, R. (2013). Digital humanities, copyright law, and the literary. Digital Humanities Quarterly, 7(1).
Embedded in the rich textual record of international copyright law, we often encounter a quaint, and perhaps naïve definition of the “literary” around which the law has crystallized and which has the potential to influence the work of all digital humanists, whether they think of themselves as literary scholars or not.
Martinez, M., & Terras, M. (2019). ‘Not Adopted’: The UK Orphan Works Licensing Scheme and How the Crisis of Copyright in the Cultural Heritage Sector Restricts Access to Digital Content. Open Library of Humanities, 5(1).
This article is a discussion of how digitizing and disseminating Orphan Works in the GLAM (Galleries, Libraries, Archives, and Museums) sector could have the potential to significantly reframe collections across audiences and institutions in the United Kingdom and across the world. (…) This article addresses two questions: 1) How is current EU Orphan Works legislation affecting the output of digitized content in the UK cultural heritage sector?; and 2) What changes can be made to the implementation of the EU Directive in the UK to better support the mission of cultural heritage institutions, including serving the research and creative communities?
Zeng, H. (2020). Thoughts on Optimizing Digital Humanities Application Platform Based on Copyright. 2020 5th International Conference on Information Science, Computer Technology and Transportation (ISCTT), 19–23.
Knowledge discovery is inseparable from data mining and data reconstruction, and the digital humanities application platform provides diversified text mining and visualization methods for further tapping inherent value of information resources. Based on characteristics of the construction of data resources under the environment of digital humanities, the thesis analyzes the copyright dilemma in digital resources development from the aspects of data development methods and data copyright ownership, and explores the two operating mechanisms of Docusky and Hathitrust data capsule, thus to optimize the digital humanities application platform reasonably for the purpose of the balanced interests in the development and utilization of digital resources.
Obimbo, C., & Salami, B. (2009). DIGICOP: A Copyright protection algorithm for Digital Images. 2009 IEEE Toronto International Conference Science and Technology for Humanity (TIC-STH), 927–932. https://doi.org/10.1109/TIC-STH.2009.5444366
In this Paper, we present a new imperceptible digital watermarking system for images. This system is used for copyright protection and is compared with base watermarking method (BWM) proposed by Koch et. al. The developed system is called “Digital Image Copyright Protector” (DIGICOP). It automatically generates the content owner's unique Identification Mark from a supplied text string and a secret key. DCT is used as the embedding domain to achieve high resilience against image processing attacks, such as compression using JPEG, Gaussian Noise, Blurring, Color Inversion, Scaling and Cropping.
READINGS - A SELECTION - COPYRIGHT - BOOKS
Digital Copyright by Call Number: Available OnlineISBN: 1509917292Publication Date: 2019-01-24The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU's Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy.
New Challenges for Knowledge by Call Number: Available OnlineISBN: 1786300907Publication Date: 2016-12-19Digital technologies are reshaping every field of social and economic lives, so do they in the world of scientific knowledge. "The New Challenges of Knowledge" aims at understanding how the new digital technologies alter the production, diffusion and valorization of knowledge. We propose to give an insight into the economical, geopolitical and political stakes of numeric in knowledge in different countries. Law is at the center of this evolution, especially in the case of national and international confusion about Internet, Science and knowledge.
The Routledge Companion to Media Education, Copyright, and Fair Use by Call Number: Available OnlineISBN: 1317268350Publication Date: 2018-02-15Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.
Toward a More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by Call Number: Available OnlineISBN: 9783662435168Publication Date: 2014-07-30Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: an anti-circumvention rule for protection of technological measures that control access to copyright material; indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.
READINGS - A SELECTION - COPYRIGHT - BOOK CHAPTERS
Ketzan, E., Kamocki, P., & Hawkins, S. (2021). "Digital Humanities Research under United States and European Copyright Laws: Evolving Frameworks," in Access and Control in Digital Humanities, Routledge: pp. 233–248 (1st ed.).
This chapter summarizes the current state of copyright laws in the United States and European Union that most affect Digital Humanities research, namely the fair use doctrine in the US and research exceptions in Europe, including the Directive on Copyright in the Digital Single Market, which has been finally adopted in 2019. This summary begins with a description of recent copyright advances most relevant to DH research, and finishes with an analysis of a significant remaining legal hurdle which DH researchers face: how do fair use and research exceptions deal with the critical issue of circumventing technological protection measures (TPM, a.k.a. DRM).
Organisciak, P., & Downie, J. S. (2022). Research access to in-copyright texts in the humanities. In Information and Knowledge Organisation in Digital Humanities, Routledge: pp. 157–177 (1st ed.)
Text analysis in the digital humanities is challenged by legal hurdles, which make it difficult to access and especially to redistribute datasets of modern texts. As large digitisation projects grow, copyright challenges are increasingly acute. We discuss the legal landscape around large bibliographic datasets and explore principles of non-expressive and non-consumptive access as one solution to enabling research access to sensitive texts. Non-consumptive access seeks to make text available in an abstracted but maximally useless form, supporting research use without distributing the original, readable text.
Kheria, S., Waelde, C., Levin, N., & Hobbs, R. (2018). "Digital Transformations in the Arts and Humanities: Negotiating the Copyright Landscape in the United Kingdom," in The Routledge Companion to Media Education, Copyright, and Fair Use Routledge: pp. 182–200 (1st ed.).
Friedman, E. C., & Hawkins, S. (2021). “Ownership, Copyright, and the Ethics of the Unpublished, chap. 13 In Access and Control in Digital Humanities, Routledge: pp .222-232 (1st ed.).
(A discussion of) ... the logistical, budgetary, and legal challenges before turning to the still more-numinous ethical quandaries that arise when working with material that was never part of a commercial print marketplace. Unpublished manuscript fiction provides an unusual and useful edge case for discoverability, description, digitization, and dissemination. While technology and the march of time will alleviate some of the specific challenges of transcription and copyright limits discussed in this essay, questions about our responsibility to material, and the double-edged sword of “access”, will remain as long as some notion of ownership, authority, and privacy remain.