SPEC Kit 335: Digital Image Collections and Services · 153
DIGITAL LIBRARY OF THE CARIBBEAN
Guide to Permissions &Copyright/Public Domain Review
http://dloc.com/AA00002865/00004/pdf
www.dloc.com Permissions and Copyright: 1
Digital Library of the Caribbean (dLOC) Manual
Guide to Permissions &Copyright/Public Domain Review
Introduction
In addition to digitizing materials following preservation standards, dLOC further supports preservation
and access by ensuring that all applicable rights are respected and supported by seeking Internet
distribution permissions as needed. Internet distribution permissions can be required for cultural and
documentary heritage rights, privacy rights, and copyright.
This guide provides an overview of rights and responsibilities related to copyright and moral rights for
digitization projects. The guide includes step‐by‐step procedures used by dLOC partners for evaluating
rights and requesting permissions.
Permissions‐Based Model
dLOC relies on a permissions‐based model. In this model, dLOC members request permissions as the
primary method for ensuring compliance with copyright, moral rights, and other applicable rights. Using
a permissions model allows dLOC to provide equitable support for rights‐holders and the public good.
This is especially helpful for dLOC as an international collaborative, with different rights protected and
understood in different countries and institutions. The permissions model supports discussing rights as a
collaborative opportunity. The permissions‐based model complements the process of reviewing
materials for their status under copyright or within the public domain.
Rights &Responsibilities
Copyright law has changed dramatically in the US in the last 50 years and even more so when viewed on
an international scale. Copyright is a property right that seeks to balance the rights of the creator with
the rights of the global society. Copyright is but one of many rights and responsibilities that must be
considered when digitizing materials. Digitization makes use of new and emerging technologies,
technologies whose use may not yet have applicable laws supporting their use for the global public
good.
Moral Rights
In addition to copyright, creators may also retain moral rights to their works. Moral rights are generally
the creator’s right of attribution and right of integrity for the work, but can include many specific rights
depending on the type of work and the law of the country. Moral rights are separate from other rights,
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