Minimizing Legal Risks in Digitization Projects
- Some things to keep in mind: ADA, NAGPRA, HIPAA, Rights of Publicity, Deeds of Gift
- Privacy, Censorship, and Pornography
- Copyright (applies to all)
- License (applies to signing parties)
- Encryption (DRM, passwords)
- DMCA (Digital Millenium Copyright Act-illegal to tamper with technological protection measures)
- The big one is the exception allowing film and media studies professors to break protection on DVDs
It appears that before we digitize the IS projects we must make sure that the Catalogue has always said that the College can do whatever it wants with the ISs. If it has not, then we must contact the authors or the heirs to get permission. We should have students sign a non-exclusive perpetual license with the College. This might be put in the Catalogue and made very explicit to the students. Or we could have the students sign something just for IS.
We should check to see if we are insured possibly “advertising injury” against copyright infringement. Use of disclaimers and there are examples at http://memory.loc.gov and a take-down policy. Things which are not subject to copyright: Facts, Recipes, Ideas, Dedicated Work, Government Work, Expired. Copyright metro will guide you through the use of media in the classroom. TEACH allows the use of something like Moodle for video and audio delivery.