[kids-lib] summer reading copyright?

BJ Toewe bjtoewe at cityofsalem.net
Thu May 27 15:03:03 PDT 2010

Hi Katie,
I am supposed to be out of the summer reading loop but can't contain my
thoughts on this, in spite of trying really hard.
I would like to see delegates to CSLP actively lobby for changes to
this rule.  There seems to be less validity in participating in a
cooperative that disallows use of the summer reading program clip art
for customized reading logs, final certificates, etc.  While I
understand that Highsmith would like to be sole source for all things
reading club, their pricing doesn't make it possible for many, many
libraries to order their products.  While I value things that many
libraries would never be able to afford - a large vinyl banner in full
color, a variety of t-shirts sporting the summer theme, full color
bookmarks - I question the wisdom of CSLP negotiating a contract that
won't allow a small library to print off reading logs or certificates on
their photocopier using that summer's clip art.  One of the main reasons
for joining this cooperative was the ability to obtain high quality art
work that would have been unaffordable for Oregon to obtain on its own. 
However, the strength of branding is negated when libraries are not
allowed to use that artwork to create their summer reading materials.
I know from when I was the CSLP rep that Highsmith enjoys a really
wonderful return on the investment it makes of time and money to produce
these materials.  I also know that CSLP benefits with a percentage
kickback from Highsmith that can be used to reinvest in continuing this
venture from year to year.  I don't think that either entity would find
participation in future years unaffordable if this rule was changed. 
Perhaps total income would go down but making this program work for
libraries with smaller reading club budgets should be an important
aspect as well.  Finally, if this is untenable to Highsmith, we all know
of other vendors who might be interested in collaborating with CSLP,
even with the change in clip art rules.  While I'm not advocating for
moving from Highsmith as our vendor, I do think that the rules for use
of clip art are in drastic need of change.
If my assessment of this situation doesn't accurately reflect the views
of youth services librarians around the state, please do weigh in on the
subject.  I certainly haven't taken the time to make calls and survey
librarians around the state.
My two (long-winded) cents....
BJ Toewe
Library Administrator
Salem Public Library
PO Box 14810
Salem, OR   97309
bjtoewe at cityofsalem.net

>>> Katie Anderson <katie.anderson at state.or.us> 5/26/2010 4:12 PM >>>

Hello!  I just received the following question, and thought you all
might like to know the answer.
Katie, maybe I am misunderstanding but it seems that some of the Oregon
libraries are misunderstanding the copyright issue – basically to not
compete with items already sold by Highsmith/upstart? I think they are
seeing it as all clipart being copyrighted by highsmith and unable to be
used by them when in fact they can use the clipart for their everything
that is not duplicating what highsmith currently sales in their catalog?
If I’m wrong on this, please correct me. 

Yes, you are correct!  Both the clip-art in the manual and by the
artists can be used for products that do not duplicate what Highsmith
currently offers.  
The clarification is around what is considered a duplication of paper
products.  For example, many libraries around the country have different
reading goals/records, therefore the reading records offered by
Highsmith don’t work for them.  In the past we thought it was OK to use
the clip-art to create our own reading record because Highsmith didn’t
offer a similar reading record.  This year we learned that since
Highsmith offers a reading record we can’t use the clip-art to create a
different type of reading record.  We can still use the art on sign-up
forms, events calendars, booklists, event promotions/signs/brochures,
and other materials not available to purchase from Highsmith/Upstart.

Katie Anderson, Library Development Services
* Youth Services Consultant * Oregon Center for the Book Coordinator *
Oregon State Library, 250 Winter St. NE, Salem, OR 97301

katie.anderson at state.or.us, 503-378-2528
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