2007 Printable Manual - Texas State Library and Archives ...

Sail Away With Books!
Some writers want their material to be widely available and choose not to enforce copyright.
Copyright owners may specifically “license” certain kinds of free use, such as non-commercial
or educational purposes. It’s important to understand, however, that just because something is
“freely available” or can be found in many locations on the Internet, the item is probably still
covered by copyright. Assume that someone owns the copyright to material unless you find
documentation to the contrary!
Just to add to the complexities, some art becomes so intricately connected to a specific company
that even though the copyright may have expired, the material does not become part of the public
domain because it is part of the company’s trademark. Mickey Mouse, for example, was created
in 1920 and therefore should no longer be covered by copyright. However, as a symbol of the
Walt Disney Company, representations of Mickey are covered by other rules and you may not
make copies of Mickey Mouse.
In order to comply with copyright, the manual writers have only included the text of poems,
songs, stories, etc., when these items are in the public domain or when specific approval has been
granted for their use. Otherwise, they have provided information on how to find the material
recommended for the program. Whenever possible, links to clip art and patterns that can be
freely used for non-commercial purposes in libraries are provided.
For more information about copyright, including fact sheets about fair use and searchable
databases to determine copyright ownership, go to the Library of Congress, www.copyright.gov.
The Texas State Library and Archives Commission also offers an online tutorial on copyright at
www.tsl.state.tx.us/ld/tutorials/copyright/1a.html.
Music
Questions have been raised about the use of recorded music in public library storytimes and
other programs. A public performance is defined as, “one in a place open to the public or at any
place where a substantial number of persons outside of a normal circle of a family and its social
acquaintances might gather.” Damages of a minimum of $750 for each infraction might be levied
for unlawful public performance. If you use music in storytimes, programs, puppet shows, and
other library programs, you may wish to get legal advice as to whether or not a license is
required for those public performances or whether the use is considered “fair use” under
copyright laws.
It might be possible to argue that storytimes are an educational setting, in which case exceptions
to the exclusive rights of a copyright owner for educational uses might apply. Many libraries
have a “curriculum” for preschool storytimes that focus on pre-literacy skills such as learning the
alphabet, concepts, and colors, or the early literacy skills. Such “curriculums” would support an
argument that the use should meet the requirements for teaching exceptions. If you intend to rely
on this exception, you should seek legal advice to gain a more complete understanding of the
teaching exception than can be provided by the Texas State Library.
Music that is played while families enter the program room, theme music for puppet shows, a
song played to start or end the storytime program each week, background music for gatherings,
or music played for a teen program, would probably not be considered either an educational
exception or a fair use. For those uses, the library needs a public performance license or licenses.
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