Library Rip Offs

[bowiemaker]

I recently stumbled upon a situation that I have since learned is a widespread practice ripping off the public.

I was looking for a historic photograph and found it online in a collection at the Denver Public Library. The photograph in question is a public domain image of a man who died in 1881. U.S. Copyrights for photographs are for the life of the author (if known) plus 70 years. After that time, the copyright expires and the images enter into the public domain and may be freely used by anyone.

Many collections of historic public domain documents and photographs have been purchased by, or donated to, college and public libraries, museums as well private companies. While they may own the physical original item, the content remains public domain and under the law may be freely reproduced and used by anyone since the copyright has expired.

These libraries are scanning the originals to make digital copies for achivial purposes and to make them available on searchable online libraries. This is commendable as it makes the documents and images available to a wider audience and preserves them. Today, digitizing an image is a pretty simple and inexpensive process. High quality scanners cost less than $200 and it only takes a few minutes to scan, digitize, catalog and store an image.

The problem is that many of the libraries and museums are claiming a new copyright on their digitized copies, setting conditions for use, and charging "use" fees or license to use the images. In the case of the Denver Public Library, they claim that their copies are derivitives and therefor copyrightable. In fact, the Denver Public Library website include the notice "All images from the Denver Public Library collection are copyright © protected and may not be reproduced in any way without permission from the Denver Public Library. Commercial use of images is subject to service fees. We require that all images be credited to the Denver Public Library, Western History Collection."

This is FALSE. Circular 14 from the Copyright Office states: "To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself."

Clearly under the law, exact copies of an image is NOT copyrightable as it contains no new content or anything original. Doing so would create a perpetual copyright and historic works would never enter the public domain and be freely available for researchers and historians.

I was very suprised to see how widespread this problem is. It even has a name, "Copyfraud", defined as:

Claiming copyright ownership of public domain material.

Imposition by a copyright owner of restrictions beyond what the law allows.

Claiming copyright ownership on the basis of ownership of copies or archives.

Claiming copyright ownership by publishing a public domain work in a different medium.

While the practice is clearly illegal under the Copyright laws, there are no penalties defined in the law for doing it so they do it and rip off the public by charging "use" fees and licenses for rights they do not own. Further, they set their own rules and conditions for use as if they do own them.

I have no problem with paying the libraries a reasonable fee for a high quality digital copy of a historic image. After all,  they did take the time and effort to scan the image and catalog it. I do however have a big problem with paying use fees and the restrictions the libraries are placing on the use of the images.

In the case of the photo I wanted to use, the Denver Public Library quoted: "The costs associated with the image plus rights are: 19.00 for the image 5.00 for the CD 15.00 for the use 6.00 mailing. 45.00 grand total."

While a charge of $19 for the image is high considering that even if you paid someone $25 per hour to digitze images you would probaly have no more than about $12 invested in the one-time process. Charging $5 for CDs that can be purchased at any office supply store for $25 per 100 is definitely a rip off. Charging the $15 "use" fee is illegal and a total rip off. By the way,  the use fees may be much higher depending on the intended use. The Denver Public Library further demands that the image be creditied to them and sets conditions on it's use.

I have gone back and forth in communications with the senior librarian at the Denver Public Library. While they admit that the image in question IS a public domain image, they still insist that they now hold copyright to any copies of the image even after I sent them a copy of the law clearly showing that copies are not copyrightable. The bottom line is that they don't care since the law has no penalites defined for violation and they are making a handsome profit by doing nothing more than claiming ownership of public domain images.

Since many of us here are doing research of the old west, I wanted to make you aware of this widespread copyfraud. If you encounter it, you should call them on it. I have also brought this to the attention of the Colorado Attorney General and my Congessman. While there are some caveats, it is generally safe to assume that any work published before 1923 is in the public domain and it's copyright has expired. You can read the copyright laws at www.copyright.gov

[Fox Creek Kid]

http://www.cde.state.co.us/cdelib/LibraryDevelopment/PublicLibraries/Trustees_Pocket_Handbook/Handbook_IntellectualFreedom.htm

[bowiemaker]

Fox Creek Kid, the link you provided to the website of the Colorado Department of Eductaion states: "It is the duty of the board of trustees to protect and defend intellectual freedom.  The role of a public library in a democratic society is to ensure free and open access to information and materials as guaranteed by the First Amendment of the Constitution of the United States." (My emphasis on "free".)

However at the Denver Public Libray website under the Western History and Geneology Section, it states "All images from the Denver Public Library collection are copyright © protected and may not be reproduced in any way without permission from the Denver Public Library. Commercial use of images is subject to service fees. We require that all images be credited to the Denver Public Library, Western History Collection. Please refer to the price list for commercial and private use, listed below."  AND "The Denver Public Library gives no exclusive rights for the use of its material. Permission is granted for a one-time use only. Any subsequent use of an image requires the written permission of the Library and the payment of additional fees."

In addition to a fee for the image itself, the Library charges up to $195 "use fee" for a public domain image. That does not sound like "free" and open access to me.

[Fox Creek Kid]

I meant for you to use the contact info to contact THEM. We cannot help you here. You need to contact the Library Board with your grievance. 

[bowiemaker]

This is not about airing or filing a grievance. I cited one example that I found. I later found that this is a widespread practice that may well impact anyone doing historic research. When researching or writing about the history of the old west we frequently rely on public domain documents and photographs. These libraries are effectively taking historic documents OUT of the public domain, illegally, and charging fees to use public domain materials. Further, they are creating conditions for use of public domain materials when they have no legal right to do so.

Sorry if this is out of place. I thought the CAS City Historical Society would be interested.