What is Copyright?
Copyright is the right of the author/creator to control the use of their created works. The copyright owner has the sole right to do or allow others to (1) Reproduce all or part of the work (2) Distribute copies (including electronically or through the internet) (3) To prepare new versions based on the original (4) To perform the work publicly (5) to display the work publicly The goal of copyright law and policy is to foster the progress of science, the creation of culture, and the dissemination of ideas. Copyright law covers both published and unpublished works, anything in a fixed medium, compilations, and reference works. It does not include ideas and concepts in an unfixed medium, processes, principles, facts, discoveries, procedures, and systems.
What are some other resources I can look at?
Schewe Library Policy
Copyright: Do's and Dont's
Public Domain Chart
Copyright Poster
Copyright: FAQ
Copyright Resources
FAQ
What is Copyright?
Copyright laws protect published and non-published original works of authorship that have been fixed in a tangible medium. Examples of the types of original works that may be protected by copyright laws include, but are not limiting to, the following: - Poetry - Prose - Musical Compositions - Computer Programs - Web-Pages - Photographs - Songs - Video Footage
How does a copyright differ from a patent?
How does a copyright differ from a trademark?
What is the duration of copyright protection?
Are all works protected by copyright?
Does a copyrighted work have to include a notice of copyright?, No
What is Plagiarism?
Plagiarism is using another person's ideas without giving that person proper attribution.
What is the difference between plagiarism and copyright?
What is the public domain?
Works with no copyright protection are considered to be in the public domain. This includes... (1) U.S. Government Works (2) Works on which copyright has expired (3) Works with no copyright restrictions
If something is in the public domain do I still have to cite it?, Yes
If something is posted on the internet does that mean it is in the public domain?, No
I want to know if a work is in the public domain, I have a work that was published between 1923-63, I have a work that was published between1964-77, I have a work that was created before 1/1/78 but was published between then and 12/31/2002, I have a work that was created before 1/1/78 but not published, I have a work that was published before 1923, I have a work that was created 1/1/78 or after
What is Fair Use?
The Fair Use Doctrine has been developed from federal copyright law, and provides some limits to an author's exclusive control of a copyrighted work. Section 107 of Title 17 of the United States Code provides that "the fair use of a copyrighted work, including such use by reproductin in copies...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." This is what is commonly known as the "Fair Use Doctrine." Under the Fair Use Doctrine, using copyrighted material in a classroom without obtaining prior permission from the author may be permissible, but this is not a given. Determining whether your contemplated use is a "fair use," and therefore is not copyright infringement, requires careful consideration of all of the factors relevant to your specific situation. Even in education, not all uses are fair use. When in doubt you should always seek legal counsel or seek permission from the owner of the copyright.
Does my use constitute fair use?, 4 Fair Use Factors, (1) What is the purpose and character of the use?, Is the use nonprofit educational?, Is the use commercial?, Is the use Transformative?, (2) What is the nature of the copyrighted work?, Is the work nonfiction?, Is the work fiction?, Is the work unpublished?, Has the work been published?, Has the work been created for educational use?, Is the work consumable?, (3) What is the amount and substantiality of the portion used in relation to the copyrighted work as a whole?, What is the brevity of the work?, Illustrations, Prose, Poem, Special Works, Is the portion used considered the heart of the work?, Films, (4)What is the effect of the use on the Market, Is the use Spontaneous?, Does my use meet the Cumulative Effect Test?, You cannot use the same work more than once, EVER., You cannot claim fair use more than NINE times in one course, You cannot use more than ONE work by a single author in ONE course, You cannot use more than THREE works from a single anthology, compilation or journal in ONE course
What does it mean to reproduce?
Scanning
Using Content from a Web Site
Posting Content to a Web Site
Forwarding E-Mail
Linking to a Web Site
Printing
Photocopying
Including material in a slideshow presentation
Uploading
Embedding
What are my responsibilities as an instructor?
Educate students with information about their rights and responsibilities regarding their own use of course materials.
Educate Students
Document your fair use decisions
Can I send course materials to a copy shop for copying and distribution to students in my course, Maybe
How does copyright affect what I can put on course reserve for my students?, Print Reserves, Electronic Reserves
Is copying by all educational institutions considered to be fair use?, No
What is a Work for Hire?
What is an assignment of rights?
What are my responsibilities as a student?
I am a student. Does the university own the copyright for works I created during my academic study?, No
Can I get in trouble for downloading copyrighted music, videos, and movies from my residence hall room?, Yes
Is copying by all educational institutions considered to be fair use?, No
What is a Work for Hire?
What is an assignment of rights?
What will happen if I get convicted of copyright infrigement?
Copyright Infringement is the act of violating any of a copyright owner's exclusive rights granted by the federal Copyright Act. There are 3 elements that must be in place in order for the infringement to occur (1) The copyright holder must have a valid copyright (2) The person who is allegedly infringing must have access to the copyrighted work. (3) The duplication of the copyrighted work must be outside the exceptions.
Legal Penalties
How do I know if I have to seek copyright permission?
How do I seek permission to use a copyrighted Work?, Collective Rights Organizations, Movies, Motion Picture Licensing Corporation, Music, American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music Incorporated (BMI), Society of European Authors and Composers (SESAC), Images, Artists Rights Oraganization, Text, Copyright Clearance Center, You may seek permission directly from the owner of the copyright., What should I do if I am either unable to locate the owner of a copyright to seek permission to use the copyrighted work, or the owner of a copyrighted work is not responsive?
Ask yourself:, Is the Work Protected?, If the work is protected, do you wish to exercise one of the owner's exclusive rights?
How do I know if I am an owner of a copyright?
If you have created an original work in a fixed medium you own the copyright to that work.
What Rights do I have as a copyrighted owner?
How can I obtain a copyright of my own work?
Do I have to place a notice of copyright on my works?, No
What Can I do/not do?
Can I Copy/Use Electronic Resources?, E-Reserves, Guidelines for placing copyrighted materials on E-Reserves, What electronic resources are protected?, Moodle, Can I upload articles?, No, Can I upload images?, No, Can I upload videos?, No, YouTube, Can I upload book excerpts?, No
Can I perform a work publicly?, Where can I acquire a Public Performance Licence for a Film?, No, What is a "performance"?, When is a performance "public"?, Examples of Public Performances, What is required if I wish to play music, videos, or movies in public?, Can I show movies publicly, Can I show a rented film in my class?, No, Can I show a movie from the library in my class?, Maybe, Is this movie showing a private performance?, Is this movie showing a public performance?, Is there an exception which will allow showing the movie without public performance rights?, Yes, Can I show an educational movie to the entire campus?, No, Can my student organization show a movie?, Yes, but..., Visual Arts & Audio-Visual Media
Can I make a copy of a copyrighted item?, Can I make multiple copies for classroom use?, Handouts from a teaching manual, No, Chapters in a textbook, No, Entire anthologies, collections, or journals, No, Articles, No, Entire Books, No, Book Chapters, No, Can I make a single copy for research/educational purposes?, Book Chapter, Yes, Article from a periodical or newspaper, Yes, Short story,short essay, or short poem, Yes, Image, Yes, Can I make copies of the same resource multiple times over the course of many semesters?, No, Can I make copies of an article I found last night in class today?, Yes, but...
Can I Copy/Use Library Material, Can I use material from the library in the classroom?, Yes
Help
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This mind map contains a list of Frequently Asked Questions about Copyright. Use this map as a guide to understanding how copyright affects you!
