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What is copyright?
(http://www.wwu.edu/publishingservices/copyright/copyrightservices.htm)
The copyright law grants owners of copyright (authors and other creators
and publishers) the sole right to do or allow others to do each of the
following acts with regard to their copyrighted work: to reproduce all
or part of the work, to distribute copies, to prepare new (derivative)
versions based on the original work, to perform and display the work
publicly.
Copyright protection covers both published and unpublished
works. The fact that a previously published work is out of print does
not affect its copyright.
(http://www.copyright.gov/help/faq/faq-general.html)
Copyright is a form of protection grounded in the U.S. Constitution
and granted by law for original works of authorship fixed in a tangible
medium of expression. Copyright covers both published and unpublished
works.
(http://www.nacs.org/public/copyright/faq1-28.asp)
Copyright is the right granted by law to an author or other creator
to control use of the work created. The copyright law grants owners
of copyright (authors and other creators and publishers) the sole right
to do or allow others to do each of the following acts with regard to
their copyrighted works: to reproduce all or part of the work; to distribute
copies; to prepare new (derivative) versions based on the original work;
and to perform and display the work publicly.
Copyright protection covers both published and unpublished works. The
fact that a previously published work is out of print does not affect
its copyright.
Copyright protection exists to foster and induce the creation
of all forms of works of authorship. These include books, newspapers,
magazines, computer software, multimedia works, sound recordings, audio-visual
works, and other works. The copyright law does so by providing fair
returns to creators and copyright owners. To the extent copies are made
without permission, authors and publishers - including faculty- are
deprived of revenues in the very market for which they have written
and published. Such unauthorized and uncompensated copying could severely
reduce their incentive to create new materials in all formats.
(http://www.copyright.gov/help/faq/faq-duration.html)
The term of copyright for a particular work depends on several factors,
including whether it has been published, and, if so, the date of first
publication. As a general rule, for works created after January 1, 1978,
copyright protection lasts for the life of the author plus an additional
70 years. For an anonymous work, a pseudonymous work, or a work made
for hire, the copyright endures for a term of 95 years from the year
of its first publication or a term of 120 years from the year of its
creation, whichever expires first. For works first published prior to
1978, the term will vary depending on several factors. To determine
the length of copyright protection for a particular work, consult Chapter
3 of the Copyright Act (title 17 of the United States Code).
What does copyright protect?
(http://www.copyright.gov/help/faq/faq-general.html)
Copyright, a form of intellectual property law, protects original works
of authorship including literary, dramatic, musical, and artistic works,
such as poetry, novels, movies, songs, computer software, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed.
(http://www.wwu.edu/publishingservices/copyright/copyrightservices.htm)
Copyright exists in "original works of authorship" which are
"fixed in a tangible medium of expression." Among the types
of works which are subject to copyright protection are literary, dramatic,
musical, choreographic and pictorial works, graphic works, pantomimes,
sound recordings, sculptures, motion pictures and audio-visual works.
These categories include factual works (including dictionaries and directories),
videocassettes and computer programs and databases.
What is "fair use"?
(http://cac.psu.edu/policies/dmfaq.html)
Fair use is a legal doctrine developed through case law over many years
and now embedded in copyright law. It permits courts to interpret the
rigid terms of traditional copyright principles, so the creativity that
copyright law is designed to foster won't be stifled. According to Title
17 of the U.S. Code, fair use originated "for purposes such as
criticism, comment, news reporting, teaching, scholarship, or research."
The doctrine of fair use recognizes that the exclusive rights inherent
in a copyright are not absolute and that others are entitled to make
use of a copyrighted work that technically would otherwise infringe
on one or more of the exclusive rights.
(http://cac.psu.edu/policies/dmfaq.html)
There are generally four factors that courts use to determine whether
a particular use of a copyrighted work is fair use. These factors are
for guidance and are not necessarily exhaustive.
· The purpose and character of the use, including whether such
use is commercial in nature or is for nonprofit educational purposes;
educational purpose is more likely to be considered fair use.
· The nature of the copyrighted work; that is, the extent to
which the work is factual or creative. The more factual and less creative
a work is (for example, a news report compared to a song), the more
likely a use of the work is to fall under purview of the fair use doctrine-all
else being equal.
· The amount and substantiality of the portion used in relation
to the copyrighted work as a whole. Usually, only short passages of
a literary work that do not convey or express the "heart"
of the work are permitted under fair use. For the specific case of single
visual images, this criterion is often difficult to meet, in that small
subsets of an image are not always useful; visual images are usually
used in their entirety.
· The effect of the use on the potential market for, or value
of, the copyrighted work. For a claim of fair use to hold, the owner
or creator of the work should not suffer significant monetary damages
from that particular use.
Is all copying by educational institutions fair use?
(http://www.nacs.org/public/copyright/faq1-28.asp)
No. Although Section 107 of the Copyright Act includes teaching, scholarship
and research, along with making "multiple copies for classroom
use," as among the uses of copyrighted works that may qualify as
fair use, none of these uses automatically qualities as a fair use.
Both Congress and the Supreme Court have rejected the notion that all
"educational uses" or all uses by educational institutions
are fair uses. Whether copying for these or any other uses constitutes
"fair use" must be determined, within the facts and circumstances
of each particular use, by application of the four statutory criteria
enumerated in Section 107. Section 110 of the Copyright Act contains
limited exemptions for certain uses of copyrighted materials in "face-to-fact"
classroom situations or in "instructional broadcasting" programs
conducted by nonprofit educational institutions, but there is no blanket
exemption from copyright liability for educational uses or uses by educational
institutions.
What if I request permission and I don’t get a
response?
(http://www.wwu.edu/publishingservices/copyright/copyrightservices.htm)
If you don't receive a response to your request for permission, you
cannot assume that you have been granted the necessary permission, because
publishers are not required to respond. You may even have contacted
someone who has illegally posted copyrighted material.
Having obtained permission to use something,can I use
it for anything I want?
(http://cac.psu.edu/policies/dmfaq.html)
Not necessarily. Unless a standing permission to use a particular work
for any purpose is negotiated, permissions to use copyrighted works
are usually granted on a one-time basis for a specific use. Permission
for one specific use is restricted to that one use; further permission
must be obtained to make broader or additional uses of a work.
I found a work I want to use. How do I determine if it is copyrighted?
(http://cac.psu.edu/policies/dmfaq.html)
Every audio, visual, or textual work has copyright protection unless
that protection has expired over time or its creator places it in the
public domain. A work does not need to have a copyright notice or the
copyright symbol to be copyright protected. It only needs to be fixed
in a tangible medium of expression and contain a modicum of originality.
A fixed medium includes, but is not limited to, film, audio and videotape,
canvas, paper, and electronic storage. This means that even a person's
snapshots, tape recordings, electronic mail, and home videos are protected
by copyright.
What is intellectual property?
(https://www.copyright.com/CopyrightResources/default.asp)
Intellectual property is a legal concept under which we manage the protection
and use of products of the human mind (as opposed to the human hand).
The U.S. Constitution and the "Federalist Papers" refer specifically
to patents (which apply to "useful articles," traditionally
inventions) and copyright (which applies to 'literary expressions,'
traditionally books and articles) as comprising the scope of intellectual
property. There have also been some more recent additions: Outside of
patents and copyrights, there are such things as trademarks and service
marks (like "Coca Cola"), "trade dress" (a more
amorphous concept involving the "look" of a product, like
Coca Cola's red & white can with a script logo), "trade secrets"
and others. In an academic setting, intellectual property can refer
to ownership of such course materials as test and lecture notes. Most
institutions recognize the individual who generated those materials
as holding intellectual property rights, unless they were created under
specific contractual conditions.
If permission was granted for materials previously, do I need to
apply for permission again?
(http://www.wwu.edu/publishingservices/copyright/copyrightservices.htm)
Yes. Permission is granted in most cases for one-time use only. If you
plan to use the same material for more than one quarter, you can include
multiple quarters in the request to the publisher. Some publishers will
grant permission for a longer period if the dates of use are defined
in the request.
What relevance does the Digital Millenium Copyright
Act have for the campus community?
(http://www.nacs.org/public/copyright/faq1-28.asp)
The DMCA was enacted in October 1998 primarily to bring U.S. copyright
law into conformity with provisions of two World Intellectual Property
Organization treaties to which the U.S. is a signatory. This Act facilitates
the creation of a secure digital environment for use of copyrighted
materials by encouraging the deployment of, and respect for, encryption
and other technological protection systems. Accordingly, the DMCA prohibits
(with certain limited exceptions): (1) manufacturing, importing, distributing,
and providing products or services whose main purpose is to circumvent
these systems; (2) taking action to engage in circumvention so as to
gain unauthorized access to copyrighted works; and (3) removing, falsifying,
or tampering with "copyright management information" (that
is conveyed electronically with copyrighted works to identify them and
their owners and provide other pertinent data about them.) Beyond satisfying
treaty obligations, the Act also seeks to clarify the rules for operating
digital networks by (1) defining the circumstances that limit the liability
of those entities that provide network services and (2) establishing
procedures to facilitate the identification and correction of infringing
activities engaged by users through such networks.
Nothing in the DMCA would prevent an alleged infringer
of a digital work from claiming that his or her use of the work was
fair use under Section 107 of the Copyright Act. The same four factors
would be considered in determining whether the use of the material was
fair.
The DMCA provides certain categories of immunity, or "safe harbors,"
for online service providers ("a provider of online services or
network access, or the operator of facilities therefore"). Because
most colleges, universities, and college bookstores fall within the
definition of a "service providers," it is believed that they
may take advantage of the DMCA "safe harbor" limitations regardless
of whether such institutions are nonprofit. In order to take advantage
of these "safe harbors," a service provider must register
with the U.S. Copyright Office at www.lcweb.loc.gov/copyright/ as a
copyright agent, adopt and implement copyright policies, educate the
campus community about the copyright law, and implement a "notice
and takedown" procedure for addressing receipt of infringement
notices.
The DMCA is not the most recent piece of legislation affecting copyright
in an academic environment. The TEACH Act (Technology, Education and
Copyright Harmonization Act) was passed in 2002 to clarify and update
previous copyright legislation in light of new teaching technologies.
For more information on this Act, visit http://www.copyright.iupui.edu/teach_summary.htm.
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