Supporting the role of copyright related risk in the...

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Supporting the role of copyright related risk in the workplace: the legislative context and business case OR Copyright - Fifty Shades of Risk Copyright Unless otherwise stated, the contents of this presentation are © Naomi Korn. This presentation may be shared and reused for non-commercial purposes, apart from any images, for which separate permission from Naomi Korn to reproduce them must be sought. Where indicated, this presentation also includes content and slides which are copyright of third parties. In these cases, the terms of any licences must be honoured and where required, permission to reuse should be sought. Disclaimer: The information provided within this presentation is an opinion and should not be construed as legal advice.

Transcript of Supporting the role of copyright related risk in the...

Page 1: Supporting the role of copyright related risk in the ...cilipconference.org.uk/...tues-16.30-1.-Korn-Naomi.pdf · • CILIP Posters for self service copying on walls and on desks

Supporting the role of copyright related risk in the workplace: the legislative context and

business caseOR

Copyright - Fifty Shades of Risk

CopyrightUnless otherwise stated, the contents of this presentation are © Naomi Korn. This presentation may be shared and reused for non-commercial purposes, apart from any images, for which separate permission from Naomi Korn to reproduce them must be sought.

Where indicated, this presentation also includes content and slides which are copyright of third parties. In these cases, the terms of any licences must be honoured and where required, permission to reuse should be sought.

Disclaimer:The information provided within this presentation is an opinion and should not be construed as legal advice.

Page 2: Supporting the role of copyright related risk in the ...cilipconference.org.uk/...tues-16.30-1.-Korn-Naomi.pdf · • CILIP Posters for self service copying on walls and on desks

Supporting the role of copyright related risk in the workplace: the legislative context and

business case

OR

Copyright - Fifty Shades of Risk

Page 3: Supporting the role of copyright related risk in the ...cilipconference.org.uk/...tues-16.30-1.-Korn-Naomi.pdf · • CILIP Posters for self service copying on walls and on desks

Topics

• Outline of the copyright risks• Implications• Risk mitigation• Safety and risk aware culture

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Rights management = risk management

WHY?

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CDPA 1988

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Copyright and the digital age – a good fit?

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But things have changed

Image courtesy of John Hunt Associates, Designers, Birmingham UK & Baltimore

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Whilst we are still using books

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How we gain access…..

Image courtesy of Barbara Band

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…and to what – has changed

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What’s in copyright (or not)?

• Works of artistic craftsmanship?• Unmade beds?• Pile of bricks• Video art?• Net Art?• Sometimes we just don’t know

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Orphan works + 2039!

© Museum of London Archaeology

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New Exceptions to copyright

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The CILIP Poster

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Terminology and application

JUSTIFIABLE FAIR

TERMINALSDEALING

NON COMMERCIALDEDICATED

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Copyright + Business Critical Decisions

Risk

Cost Benefit

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Operational Risks

• Members of the public:– copying more than they should– Using it in ways they shouldn’t– Viewing and downloading inappropriate/illegal

material• Us

– getting it wrong – giving incorrect advice– Copying more than we should – Using things without permission

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Impact

• Breaking the law• More stress and uncertainty• Financial penalties• Reputational impact• Increased pressures on resources• Discontented users who don’t visit, or cause

problems for us, or tell on us• Job losses/disciplinary • Library closures

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The “business” of being library: critical issues

• Failure to manage direct risks – means objectives not achieved

• Failure to embrace opportunities which could offer an improved way of achieving objectives

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The Human Condition

The Human Condition:The changes that we face as libraries,

good and bad, bring uncertainty and worry

Conundrum: How can we help our staff feel safe, to take

necessary risks, when we don’t feel safe?

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Reality check

• Risks can be proportionate and informed• Organisational risk mitigation activities are key• Most people want to the right thing• We can make it easier for them to do so• Your role is not to police• But just in case – have provisions in place

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Immediately feeling safe

• Passing the risk where appropriate and possible– Every where copying/access takes place – notices

• CILIP Posters for self service copying on walls and on desks and in spaces in between

• Information on Library website• Declarations in writing for copying by librarians• Terms and conditions for access to digital content• Acceptable Use Policies for Internet sites

(children/adults)

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Feeling safer

• Staff awareness training and support• Policies + procedures –

personal/organisational• Project + programme planning• Risk registers• Action plans; risk book; SMT risk owner

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Who?

• Staff• Heads of Department• Project Managers• SMT• Board

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Access to copyright expertise“The survey did not question respondents about the approach to risk

management within their organisation, however the relatively high number of copyright officers in UK libraries and related organisations, suggest the UK takes copyright issues seriously and organisations may be relatively risk averse. Alternatively, the existence of dedicated copyright support staff might actually enable institutions to manage risk more effectively, therefore allowing them to be more innovative. Further research is recommended.”

Copyright Literacy in the UK: a survey of librarians and other cultural heritage sector professionals

Chris Morrison, Jane Secker Vol 39, No 121 (2015)

http://www.lirgjournal.org.uk/lir/ojs/index.php/lir/article/view/675

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Long term

To translate copyright and risks into practical solutions

OperationalStrategic

Business Critical

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Thank you!

Image courtesy of Barbara Band

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