1	Legal Implications of “Legacy Collections” Carl Rahkonen Indiana University of Pennsylvania Music Library Association Pittsburgh, PA March 1, 2007
2	Disclaimer! Carl Rahkonen Is NOT a lawyer He does NOT want to become one Especially because of all the lawyer jokes It’s bad enough that I’m a viola player! This presentation should NOT be taken as legal advice Only a starting point for thinking about the issues involved
3	"What can we do legally..." What can we do legally with these collections? Well, it all depends…
4	“Legacy Collections”
5	Some of the exclusive rights of copyright holders (Sec. 106) --right to perform --right to record --right to copy --right to distribute
6	Fair Use (Sec. 107-) More Fair ß à Less Fair Purpose: Educational Nature: Published Factual / Non-fiction Amount; Small amount Market Effect: No loss of income Commercial Use Unpublished, Highly creative, artistic Large amount, or whole work Loss of income
7	Fair Use Is NOT an absolute … “Fair use was meant to be litigated”
8	Another look at exclusive rights --right to perform --right to record -------------------------- --right to copy --right to distribute
9	World Wide Web “…materials on the open WWW will be used as if they were in public domain.” Rahkonen’s theory: “Intellectual Property Laws become more restrictive, as the technological means for infringement becomes easier”
10	Our Choices with copyrighted materials Restrict the recordings to “in house” educational use only Get a license to make them available to a wider audience
11	Performer’s Rights …property of those who created it… Beyond a legal obligation, we have an ethical obligation to the performers
12	Preserving Performer’s Rights Have performers sign a non-exclusive agreement, with provision for restrictions Use ethnographic sound archive agreements as a model Make judgment calls Remove any offending material
13	Summary If the collection remains archival, with only limited, in library use, no problem. If you digitize and distribute only “on the premises” probably no problem. Legally and ethically, secure the rights to the disposition of recordings from the performers, if only to avoid future conflicts. Promptly remove any offending recordings. Get a license to secure rights to copyrighted works that may be found in the collection.
14	Thank you! My PowerPoints, as well as links to many Copyright sites, may be found from my personal web-site at: http://www.people.iup.edu/rahkonen