Working with Copyright–Protected Materials in a Digital Environment






This annotated bibliography of copyright resources includes citations to books and articles organized in the following sections:
Copyright Basics
Legal Issues and Advocacy
Copyright Clearance and Procedures
Ethics and Theory

Copyright Basics

Crews, Kenneth D. Copyright Essentials for Librarians and Educators. Chicago: American Library Association, 2000.

Based on the Online Copyright Tutorial the author developed with Indiana University’s Copyright Management Center, this work provides concise chapters covering essential aspects of copyright law, particularly as it pertains to libarians and educators. Includes a useful fair use checklist, summaries of recent legislation, and a well-organized bibliography.


Elias, Stephen R. and Richard Stim. Patent, Copyright and Trademark: An Intellectual Property Desk Reference. Berkeley, Ca.: Nolo, 2004.

From the respected self-help legal publishers, clear and concise overviews of basic legal issues related to patents, copyrights, trademarks and trade secrets. Extensively updated, the seventh edition provides expanded information on the Digital Millennium Copyright Act, Madrid Protocol, Open Source, and Copy Left movements, as well as recent law and court decisions that affect intellectual property.


Hoffmann, Gretchen McCord. Copyright in Cyberspace: Questions and Answers for Librarians. New York: Neal-Schuman Publishers, 2001.

Overview of copyright law and recent legislation; issues specific to libraries; electronic resource systems and course Web pages; advocacy for libraries and library users.


Russell, Carrie. Complete Copyright: An Everyday Guide for Librarians. ALA, 2004.

Russell provides clear, user-friendly guidance for both common copyright issues and the latest trends, including the intricacies of copyright in the digital world.


Samuels, Edward. The Illustrated Story of Copyright. New York: Thomas Dunne Books, 2000. (accessed June 28, 2005)

Traces the story of copyright from its adoption in this country more than 210 years ago through the headline issues posed by the Internet and the digitizing of creative works, using sidebars and photographs to illustrate the major turning points.


Steiner, Christine, ed. A Museum Guide to Copyright and Trademark. American Association of Museums, 1999.

Legal Issues and Advocacy

Boynton, Robert S. "The Tyranny of Copyright."  New York Times, January 25, 2004 , sec. 6, p. 40.

Discusses "copyright horror stories" arising from the Digital Millennium Copyright Act, and the growing protest movement among influential lawyers, scholars, and activists who fear that bolstering copyright protection in name of foiling "piracy" is curbing freedoms and making it harder to create anything new.


Cohen, Julie E. "Some Reflections on Copyright Management Systems and Laws Designed to Protect Them. "Berkeley Technology Law Journal 12, no. 1 (1997): 161®188.


Gladney, Henry M. "Digital Dilemma: Intellectual Property. Synopsis and Views on the Study by the National Academies' Committee on Intellectual Property Rights and the Emerging Information Infrastructure." D-Lib Magazine 5, no. 12, (December 1999). (accessed June 28, 2005).

Considers the impact that the emerging digital information infrastructure is having on intellectual property rights.


Hoffman, Barbara, ed. Exploiting Images and Image Collections in the New Media: Gold Mine or Legal Minefield? London: International Bar Association, 1999.

Fourteen articles written by prominent intellectual property lawyers and government officials discuss legal, policy, and practical issues in the protection and commercial exploitation of images and image collections. The essays present the views of various industries and governments, and provide national perspectives from Argentina, France, Germany, India, Japan, Malaysia, the United States, and the United Kingdom, as well as a discussion of efforts at international harmonization. The book includes a useful collection of original source material and sample forms in the appendix, including an annotated CD-ROM Licensing Agreement.


Office of Public Sector Information, UK (formerly known as Her Majesty's Stationery Office [HMSO]). 'Chapter 48.' In Copyright, Designs and Patents Act 1988. London: The Stationery Office Limited, 1988. 


Oppenheim, Charles, ed. The Legal and Regulatory Environment for Electronic Information. 4th ed. Tetbury, U.K.: 2001.


Samuelson, Pamela. "Encoding the Law into Digital Libraries." Communications of the ACM 41, no. 4 (April 1998): 13®18.


Stefik, Mark. "Shifting the Possible: How Trusted Systems and Digital Property Rights Challenge Us to Rethink Digital Publishing." Berkeley Technology Law Journal 12, no. 1 (1997): 137-159.


Steiner, Christine. "Controlling Your Images: The Museum and the Licensing of Imaging Products." Museum News 71, no. 4 (July®August 1992): 62®64.


Stim, Richard. Copyright Law. Delmar Learing, 1999.

Short, easy to read and complete. Layperson oriented.


Thierer, Adam D. and Wayne Crews. Copy Fights: The Future of Intellectual Property in the Information Age. Cato Institute, 2002.

Essays on current issues.


Townsend, Elizabeth. "Legal and Policy Responses to the Disappearing 'Teacher Exception,' or Copyright Ownership in the 21st Century University," Minnesota Intellectual Property Review 209 (2003): 209®283. (accessed June 28, 2005)

This article traces the evolution of the disappearance of the "teacher exception," and argues against the notion that the 1976 Copyright Act signaled its demise. It looks at samples of what universities are currently constructing in their intellectual property policies regarding copyright ownership, and it gives suggestions to scholars who are concerned about keeping creative control of their works.


Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: NYU Press, 2003.


Besser, Howard. "MESL Implementation at the Universities." In Delivering Digital Images: Cultural Heritage Resources for Education, The Museum Educational Site Licensing Project, edited by Christie Stephenson and Patricia McClung, Los Angeles: The Getty Information Institute, 1998. 70®85.


Cornish, Graham. "Copyright, Digitisation and Preservation."Library Conservation News no. 53 (Winter 1997).


Gladney, Henry M., and Jeff B. Lotspiech. "Safeguarding Digital Library Contents and Users: Storing, Sending, Showing, and Honoring Usage Terms and Conditions." D-Lib Magazine 4, no. 5 (May 1998). June 28, 2005)

Discusses languages for representing intellectual property usage terms and conditions in databases.


Gladney, Henry M., Fred Mintzer, and Fabio Schiattarella. "Safeguarding Digital Library Contents and Users. Digital Images of Treasured Antiquities." D-Lib Magazine 3, no. 7/8 (July/August 1997). (accessed June 28, 2005)

An early experiment to explore the technical, financial, and practical challenges of making illustrated mediaeval manuscripts accessible online.


Harper, Georgia. "What About Copyright?" In Moving Theory into Practice: Digital Imaging for Libraries and Archives, Anne R. Kenney and Oya Y. Rieger, eds. Mountain View, Ca.: Cornell University Library, 2000, 12®13.


Koelling, Jill Marie, Digital Imaging: A Practical Approach, Walnut Creek, Ca.: Altamira Press, 2004.

Practical information about project management and tracking digital images, as well as glossary of digital terms; an interesting chapter on image enhancement as a research tool.


Kohl, Ulrich, Jeffrey Lotspiech, and Marc A. Kaplan. "Safeguarding Digital Library Contents and Users: Protecting Documents Rather Than Channels." D-Lib Magazine 3, no. 9 (September 1997). (accessed June 28, 2005)

Discusses how library services must protect the transactions between content owners and users.


Samuelson, Pamela and Robert J. Glushko. "Intellectual Property Rights for Digital Library and Hypertext Publishing Systems." 6 Harvard Journal of Law and Technology. 237 (1993). (accessed June 28, 2005)

Explores intellectual property issues around digitization, and the commercial viability of online publishing systems.


Sitts, Maxine K., ed. Handbook for Digital Projects: A Management Tool for Preservation and Access. Andover, Mass.: Northeast Document Conservation Center, 2000. (accessed June 28, 2005)

The Northeast Document Conservation Center (NEDCC) has placed its complete handbook online for use by museums, libraries, and archives to prepare to digitize collections. Available in both HTML and PDF formats, the handbook covers topics including considerations for project management, technical and copyright issues, vendor relations, selecting materials for scanning, and guidelines from case studies. A keyword search engine is provided.


Southeastern Library Network. To Scan or Not to Scan: What Are the Questions? Proceedings of a SOLINET [Southeastern Library Network] Conference on Digitizing Projects for Libraries and Archives, May 2, 1996, Atlanta, Georgia. Atlanta, Ga.: Southeastern Library Network, 1997.

Essays include discussion of funding for electronic reformatting projects, and examination of a digitization project at the University of North Carolina at Chapel Hill, and the digitization of the Galston-Bursoni Archive, University of Tennessee, Knoxville. The conference included four breakout sessions: "Indexing, searching and retrieval," "Copyright and intellectual control," "Implications for resource sharing: SOLINET's role," and "Outsourcing imaging services."


Berghel, Hal, and Lawrence O'Gorman. "Protecting Ownership Rights through Digital Watermaking." Computer 7 (July 29, 1996): 101®103.


Braudaway, Gordon, Karen Magerlein, and Fred Mintzer. "Protecting Publicly Available Images with a Visible Image Watermark." In Proceedings of Optical Security and Counterfeit Deterrence Techniques, Bellingham, WA: SPIE, 1996, 287®289.


Johnson, Neil F., and Sushil Jajodia. "Exploring Steganography: Seeing the Unseen." Computer 31, no. 2 (February 1998): 26®34.


Mintzer, Fred, Jeffrey Lotspiech, and Norishige Morimoto. "Safeguarding Digital Library Contents and Users: Digital Watermarking." D-Lib Magazine 3, no. 12 (December 1997). (accessed June 28, 2005)


Steiner, Christine, and Jeffrey D. Neuburger. "New Media and Emerging Technologies: Staying Interactive in the High Tech Environment. A White Paper and Licensor Orientated Content License Agreement." In Archives and Museum Informatics. Hands on Hypermedia and Interactivity in Museums. Selected Papers from the Third International Conference, San Diego, Ca., 1995: 219®248.

Copyright Clearance and Procedures

Bearman, David. A. "Model Agreement for Owners of Images Licensing to Multimedia Producers." Archives and Museum Informatics 5, no. 2 (Summer 1991): 9®10.


Demas, Samuel G., and Jennie L. Brogdon. "Determining Copyright Status for Preservation and Access: Defining Reasonable Effort." Library Resources and Technical Services 41, no. 4 (October 1998): 323®334.


Donaldson, Michael G. Clearance and Copyright.  Beverly Hills, Ca.: Silman-James Press, 2003.

Provides filmmakers with advice on rights issues from the initial acquisition of material through situations that arise in preproduction, production, postproduction, and final release.


Stim, Richard. Getting Permission: How to License and Clear Copyrighted Materials Online and Off. Berkeley, Ca.: Nolo, 2001.

A comprehensive guide from the respected self-help legal publisher that tackles the permissions process head on. It illuminates who to ask for permission, as well as when, and how much to expect to pay. The text includes sample agreements for acquiring authorization to use text, photographs, artwork, and music. All agreements are included as hardcopy documents and on CD-ROM.

Highly recommended.


Tennant, Roy. "Beg, Buy, Borrow, License or Steal." Library Journal 125 (June 15, 2000): 30.

Ethics and Theory

Cornish, Graham P., ed. Copyright: Interpreting the Law for Libraries, Archives and Information Services. 2nd ed. Library Association Publishing, 1997.


Ginsburg, Jane C. "Copyright Without Walls?: Speculation on Literary Property in the Library of the Future." Representations Special Issue: Future Libraries 42 (1993): 53®67.


Gross, Larry, John Stuart Katz, and Jay Ruby, eds. Image Ethics in the Digital Age. Minneapolis: University of Minnesota Press, 2003.

This comprehensive volume addresses theoretical and practical issues raised by digital media in journalism, entertainment, popular culture, technology, and the arts community.

Essays include discussion of the oversight of photojournalism, privacy and spectacle, coverage of the Columbine tragedy, daytime talk shows, fair use in the visual arts, stock photography and Photoshop, race and online pornography, computer-generated images, indigenous media, and ethical considerations and challenges in the digital age.


Lu, Kathleen. '"Technological Challenges to Artists' Rights in the Age of Multimedia: The Future Role of Moral Rights." Reference Services Review 22, no. 1 (1994): 9®19.