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Copyright and Fair Use |
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"The Congress shall have power... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries...". The Constitution of the United States. Article I. Section 8, paragraph 8.
Rule of Thumb
Do with other people's materials as you would like them to do with yours.
 Library Copyright – Digitalslider
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The online slide-rule helps you to discover if a creative work is copyright protected. It originates with the American Library Association’s Office for Information Technology Policy.
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| The Good News and The (Bad) News
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The Good News
- You are free to establish links to other webpages as long as people browsing the web clearly see that they are accessing a different website
- Fair use regulations that apply to Internet material are similar to those for printed material. They allow the use of copyrighted material (without permission of the owner) under certain conditions and for limited purposes, including teaching and research. However, be cautious when applying fair use rules on the web because they can be interpreted in various ways
The (Bad) News Internet material is not in the public domain. It has authors and copyright holders who need to be acknowledged unless they explicitly state otherwise. Thus,
- Don't use material you find on the Internet (images, text, music) without proper authorization and attribution
- Whenever you find something that you would like to use, contact the owner and ask permission. Most sites have a contact e-mail address
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| Copyright Myths and Misconceptions
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- Copyright law does not protect ideas
- Copyright owners don’t need to DO anything to GET copyright
- A copyright notice is NOT required
- Registration is NOT required
- Owning a copy of a copyright protected work is NOT the same as owning a copyright
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| General Copyright Framework
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- Owner controls the use of the protected work
- Owner isn’t required to put a copyright notice on the work or register it but it is recommended
- Copyright protection doesn’t last forever
- Owning copyright is different from owning a copy of a copyright protected work
- Clearly identify the material that you create
- Date your pages
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COPYRIGHT AND FAIR USE
| What is Copyright?
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- Copyright is a form of protection given to the authors or creators of "original works of authorship"
- It covers literary, dramatic, musical, artistic and intellectual work
- The author of the work alone has the right to do any of the following or to let others do any of the following:
- Make copies of the work
- Distribute copies of the work
- Perform the work publicly (plays, film, dances, or music)
- Display the work publicly (artwork, stills, or any material used on the Internet or on television)
- Make modifications, adaptations or other new uses of a work or translate the work to another media
- The user of the work has the right to do any of the following:
- Use the work under a license
- Use the work in any way if it is in the public domain
- Use the work in any way if it is not copyright protected
- Use a copyright protected work under the Fair Use Guidelines
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| Why Should You Care?
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- When you create something, aren't you proud of your work after spending a lot of time and energy creating it?
- Your work is your creation and you'd probably be pretty upset if someone just copied it without your permission
- Copyright law gives you a set of rights that prevents other people from copying your work and doing other things with your work that you may not like
- Copyright reflects our appreciation for all the hard work that goes into creating "original works of authorship" and respect for the right of the creator of that work to control what people can and cannot do with it
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| What is Fair Use?
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- Fair Use the right of the public to make REASONABLE USE of copyrighted material in special circumstances without the author's permission
- Fair use of a copyrighted work includes "purposes such as criticism, comment, news reporting, teaching, scholarship, or research"
- Fair Use Factors
- Factor 1: Purpose or character
- Factor 2: Nature
- Factor 3: Portion of work used
- Factor 4: Impact on the market
- Fair Use resources for educators:
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| Be Cautious
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It is not always easy to determine whether or not fair use has been made of a copyrighted work. Where you are uncertain whether something qualifies for the fair use exception, you should always request permission from the author of the work.
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CITING SOURCES
| How to Cite Internet Sources
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Depending on your field of study, you can choose to follow a certain citation style:
- The American Psychological Association
- The Modern Languages Association
- Online! Citation Styles: Includes APA, MLA, Chicago, CBE, and other styles.
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| Selected Links
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- US Copyright Office – at the Library of Congress
- Copyright and Fair Use – Excellent site from the Stanford University Libraries. Topics include: Website permissions, academic and educational permissions, releases, and public domain
- Copyright and Fair Use in the Classroom, on the Internet, and in the World Wide Web – "This document's purpose is to help faculty, students and staff make informed decisions before using materials in the classroom, for course reserves, or the Internet or World Wide Web." (University of Maryland University College)
- Using Copyrighted Works in Academic Settings – Frequently Asked Questions to guide faculty in the use of digital material in their classrooms
- Digitalslider - The online slide-rule helps you to discover if a creative work is copyright protected. It originates with the American Library Association’s Office for Information Technology Policy
- A Blog on Fair Use – The principle of collage
- Seeking Permission (when use exceeds "fair use") – Copyright permission
- Creative Commons – Free tools to mark creative work
- Ten Big Myths about Copyright Explained – "An attempt to answer common myths about copyright seen on the net and to cover issues related to copyright and USENET/Internet publication."
- The ©Primer Interactive Tutorial – The interactive tutorial provides an overview of the underlying principles behind copyright in the United States, outlines the requirements for copyright protection and discusses the parameters of use and access of copyrighted material. Consisting of twenty-one questions and answers, the © Primer includes illustrative scenarios and resources for further information and study
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