COPYRIGHT COMPLIANCE AND LICENSE

REQUIRMENT

1. Comply with copyright laws

 Copyright: A legal right given to creators of original works (books, songs, films, software, etc.)
that allows them to control how their works are used. It applies automatically once a work is
created and fixed in a tangible form (e.g. written, recorded).
 Author / Creator: The person who originally created the work.
 Copyright Holder: The person or organization that owns the copyright (can be the author,
publisher, or employer).
 Public Domain: Works whose copyright has expired or that were never copyrighted. These can
be used freely by anyone.
Example: Shakespeare’s works.
 Fair Use / Fair Dealing: Legal exceptions that allow limited use of copyrighted material without
permission – usually for education, research, review, or criticism.
Example: A student can photocopy one chapter of a textbook for personal study.
 Infringement: Using someone else’s copyrighted work without permission. This is illegal.

What Are Copyright Laws?

 Copyright laws are part of intellectual property laws.
 They protect the rights of creators by:
o Giving them control over their works.

o Allowing them to earn income through licensing and sales.

 Examples of protected works include:

o Books, poems, plays

o Music, films, TV shows

o Photographs, paintings

o Computer software and databases

 In Kenya, the main law is the Kenya Copyright Act (2001, revised) and it's enforced by the
Kenya Copyright Board (KECOBO).
Purpose and Application of Copyright Laws
 To promote creativity and innovation by rewarding creators.
 To protect intellectual property from being copied or misused.
 To regulate the use, copying, distribution, and sharing of content.
 To balance the rights of creators and the needs of users.
Applications:
 Libraries must follow copyright when:
o Making copies for users.

o Digitizing materials.

o Lending audiovisual materials.

o Uploading documents to websites or digital repositories.

Copyright Laws Relevant to Libraries, Information Centres, and Cultural Institutions

Libraries, archives, museums, and information centres often work with copyrighted materials. The law
provides some exceptions for them, especially for educational and non-commercial use.
Libraries Can:
 Copy small parts of works (e.g., 1 chapter or 10%) for a user’s personal research or study.
 Preserve old, rare, or damaged materials.
 Make copies for teaching and academic purposes (with limitations).
 Lend out books, CDs, and DVDs under license.
Libraries Cannot:
 Copy whole books and give them to users.
 Upload copyrighted materials to the internet without permission.
 Use pirated software or media.

Procedures, Policies, and Guidelines in Copyright

Libraries should have clear internal guidelines on how to handle copyrighted materials.
Examples of Procedures:
 Keep records of copies made for users.
 Set limits on photocopying (e.g., no more than one article or one chapter).
  Display copyright notices near photocopiers and printers.
 Train staff and users about copyright rules.
 Ensure digital content (like e-books) is accessed through licensed platforms.

Copyright Infringement and Other Legislative Obligations

What is Infringement?
 Making unauthorized copies (print or digital)
 Selling or distributing pirated materials
 Sharing full eBooks or videos online without a license
Consequences:
 Fines and penalties
 Legal action by copyright holders
 Suspension of institutional licenses or partnerships
Other Legal Obligations for Libraries:
 Data Protection Laws: Protect users’ personal information.
 Freedom of Information: Provide public access to government or public data.
 Licensing Agreements: Libraries must respect the terms of access given by publishers or
vendors.

Legal and Economic Implications

Legal Implications:
 Institutions can be sued for copyright infringement.
 Staff may face disciplinary action if they break the law.
 Libraries must prove that they respect and follow copyright procedures.
Economic Implications:
 Libraries may need to pay for licenses to access books, journals, films, or software.
 Infringement may lead to fines or damaged reputation, affecting funding.
 Proper copyright management helps institutions save money and avoid legal issues.
 2. Monitor licenses for digital rights management
Meaning of Terms

 License: A legal agreement that gives permission to use certain content (e.g., e-books,
databases, music, software) under specific conditions.
 Licensed Materials: Information resources (like e-journals, e-books, or databases) that a
library pays to access under a licensing agreement.
 Digital Rights Management (DRM): Technology and systems used by publishers or
vendors to control how digital content is accessed, copied, printed, or shared.
 Licensee: The person or institution (e.g., a library) that receives permission to use the
licensed content.
 Licensor: The company or publisher that owns the content and gives out licenses.
 Outsourcing: Hiring an external organization or vendor to provide access to digital
resources or manage content on behalf of the institution.

Information Materials and Licensing

Libraries and information centres often use licensed content such as:

 E-books and e-journals

 Online databases (e.g., JSTOR, ProQuest)
 Audiovisual materials
 Software packages (e.g., cataloguing systems like Koha)

Why License Information Materials?

 To ensure legal access to quality digital resources.

 To avoid copyright infringement.
 To support research, teaching, and learning with up-to-date content.

Organizational Protocol Regarding Licenses

Libraries should follow established procedures when obtaining and using licensed materials.

Examples of Protocol:

 Reviewing and approving licensing agreements through library management or legal

departments.
 Ensuring the license terms match the institution’s needs (e.g., number of users, access
period).
 Recording and monitoring all active licenses in a central database or system.
  Training staff on how to manage and use licensed resources responsibly.

Digital Rights Management (DRM) and Implications

What is DRM?

DRM uses software and security measures to:

 Prevent unauthorized copying or distribution of digital content.

 Control how long a file can be accessed (e.g., time-limited e-book rentals).
 Limit the number of users accessing a resource at one time.

Implications for Libraries:

 Limited printing and downloading of digital content.

 User restrictions (e.g., only certain devices or users can access).
 Frustration for users when DRM blocks offline access.
 Higher costs for DRM-protected resources.

Libraries must balance user needs with legal obligations and publisher requirements.

Licensing Agreements and Outsourcing of Electronic Resources

Licensing Agreements:

 These are formal contracts that define how digital resources may be accessed and used.
 Key elements include:
o Number of users
o Length of access period
o Allowed activities (e.g., print, share, download)
o Penalties for misuse

Outsourcing:

 Libraries may outsource digital content management to vendors or aggregators.

o E.g., subscribing to an e-library platform that offers bundled resources.
 This can reduce costs and improve service delivery, but:
o The library loses control over some aspects of content access.
o Data privacy and user tracking could be concerns.
Responsibilities in Licensing and Digital Rights Management

Library Responsibilities:

 Choose and review licenses carefully.

 Educate users on permitted uses (e.g., “You may read but not print the whole book”).
 Monitor user activities to avoid violations.
 Renew or terminate licenses as needed.

User Responsibilities:

 Respect terms of use (no sharing login details or making full copies).
 Use content for personal study or research only.
 Report access problems or misuse.

Orientation of Customers

Libraries must orient and guide users (students, researchers, staff) on how to use digital and
licensed materials.

Orientation Activities:

 Conduct information literacy sessions on how to access e-resources.

 Provide written guides or help pages (FAQs, brochures).
 Train users on DRM limitations (e.g., download limits, expiration).
 Ensure users understand the legal and ethical use of digital content.
 3. Assess risks associated with copyright laws
Organizational Procedures and Policies for Accepting Donations, Sponsorships,
and Culturally Sensitive Materials

Libraries often receive materials or support through donations and sponsorships. These must be
handled professionally and sensitively.

A. Donations

These are gifts of books, journals, equipment, or digital resources.

Library procedures include:

 Having a written donations policy.

 Checking the relevance and quality of donated materials.
 Avoiding acceptance of:
o Outdated or damaged items
o Irrelevant or offensive content
 Evaluating for duplication (items already in the collection).
 Recording donations properly in the accession register.
 Acknowledging the donor (optional, based on policy).

B. Sponsorship

This refers to financial or material support from individuals or institutions.

Policies should cover:

 Transparency: All sponsorship agreements should be documented.

 Accountability: The library must report how sponsorship funds are used.
 Ethical standards: No sponsorship that conflicts with the institution’s values.

C. Culturally Sensitive Materials

These include items related to religion, ethnicity, traditions, history, or controversial political
issues.

Policies for such materials should:

 Respect cultural and community values.

 Include consultation with local leaders or stakeholders if needed.
 Avoid discrimination or bias.
  Store or display materials responsibly (some may need restricted access).
 Include a disclaimer on sensitive items (optional).

Copyright and Licenses Associated with Donations, Sponsorship, and Culturally

Sensitive Materials

A. Donations

 Donated items may still be under copyright.

E.g., a donor gives a book – the library owns the copy, but not the copyright.
 Libraries must not:
o Copy or distribute donated materials without checking copyright.
o Upload donated digital content online unless licensing allows.

B. Sponsored Materials

 Sponsorship agreements may come with licensing conditions.

o E.g., a sponsor funds access to a database for one year.
 Libraries must read and respect any usage terms in sponsored digital content.

C. Culturally Sensitive Materials

 Some may be traditional knowledge or community heritage.

 These may not be protected under standard copyright law but require:
o Cultural permission to use, digitize, or display.
o Respect for intellectual property rights of indigenous communities.

Note: Some countries have special laws protecting traditional knowledge (e.g., Traditional
Knowledge Act in Kenya – under review).

Orientation of Personnel

All library staff must be trained and guided on how to handle:

Donations:

 How to evaluate donated items.

 Procedures for recording and acknowledging donations.
 Ethical and copyright issues with donated materials.

Sponsorships:
  Awareness of contractual obligations with sponsors.
 Proper documentation and communication with donors.

Culturally Sensitive Materials:

 Cultural awareness and respect in cataloguing, shelving, and displaying items.

 Use of appropriate language in metadata or descriptions.
 Consulting with cultural experts if necessary.

Orientation methods include:

 Staff meetings and workshops.

 Written manuals or guidelines.
 Onboarding sessions for new staff.

✅ Summary Table
Topic Details
Donations Evaluate, record, accept relevant materials only
Sponsorship Must be ethical and documented
Culturally sensitive items Handle with respect and consultation
Copyright in donations Donated items still have copyright
Licenses in sponsorship May limit access/use of sponsored content
Staff orientation Regular training on all the above