Copyright
Welcome to the Copyright Library Guide. This resource is designed to assist users of copyrighted materials with various copyright-related issues. Topics covered include the basics of copyright, its protections and exceptions, and its use in the classroom for both faculty and students. Please note that this guide is for informational purposes only and is not a substitute for legal advice.
Getting Started with Copyright!
In this section we will go over:
What copyright actually is
Protections
Exemptions
What is Copyright?
What is Copyright - U.S. Copyright Office
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!
Who is a copyright owner?
Everyone becomes a copyright owner as soon as they create and fix an original work, such as taking a photograph, writing a poem or blog, or recording a new song. In these instances, you are the author and the owner.
Companies, organizations, and individuals other than the creator can also hold copyright ownership. Under copyright law, ownership can be established through "works made for hire," which means that works created by an employee within the scope of their employment are owned by the employer. This doctrine also applies to certain commissioned works created by independent contractors.
Additionally, copyright ownership can be transferred through contracts, such as assignments, or through other means like wills and bequests.
What rights does copyright provide to creators?
Copyright allows creators to:
reproduce their work
create a derivative of their work
Distribute their work
Publicly perform or display their work
What does copyright protect?
Copyright PROTECTS:
Literary works
Musical works
Dramatic works
Choreographic works & pantomimes
Sound recordings
Architectural works
Motion pictures and other audiovisual works
Copyright DOES NOT PROTECT:
Procedures, processes, systems, methods of operation (these fall under patent law)
Ideas, concepts, discoveries
Titles, names, short phrases and slogans; familiar symbols or designs, mere variations of typographic ornamentation, lettering, mere listings of ingredients or contents (these do not meet the criteria of originality)
Fair Use
Fair use is a principle in copyright law that allows for certain uses of a work without needing the copyright holder’s permission. It serves as an exception to the exclusive rights granted to copyright holders. Uses that may qualify as fair use include criticism, commentary, news reporting, teaching (including making multiple copies for classroom use), scholarship, or research. However, merely using a work for one of these purposes does not automatically make it fair use. Determining fair use requires a nuanced analysis of four factors for each specific case.
It's important to remember that fair use is a legal defense. Even if you believe your use qualifies as fair, a copyright holder can still take legal action against you. The only way to definitively determine if your use is fair is through a court ruling. Therefore, making fair use determinations also involves assessing your level of risk tolerance.
In this section we will go over:
When can I use Fair Use?
Determining when Fair Use applies involves a thorough examination of the four factors outlined in the United States copyright law:
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The effect of the use upon the potential market for or value of the copyrighted work.
Courts analyze these factors on a case-by-case basis to determine whether the use of copyrighted material falls under Fair Use. It is essential to remember that Fair Use is a defense against copyright infringement and not a blanket exception to using copyrighted material. Each situation must be carefully evaluated to assess whether Fair Use applies appropriately. NOTE Not all uses in an academic context are automatically considered fair use!
Fair Use - U.S. Copyright Office
Fair Use for Faculty
In a teaching context, the following steps can help qualify a use as fair and protect both you and your university from infringement liability:
Conduct a fair use analysis in good faith when using third-party material.
Use the minimum amount of material necessary to achieve your educational purpose.
In an online setting, check if the library has a license for the material so you can direct students to it in an accessible database.
Place material in a password-protected environment accessible only to enrolled students and remove access once the class concludes.
Whenever possible, link to the material instead of copying it.
If the use cannot be justified as fair, seek permission from the copyright holder.
Fair Use Guidelines
| Source Type | Amount suggested to meet fair use |
|---|---|
| Text | Up to 10% or 1 chapter; whichever is less |
| Images | No more than 5 images from a single artist; 10% of published collective works, but no more than 15 works |
| Video | Up to 10% or 3 minutes, whichever is less |
| Music/Lyrics/Music Video | Up to 10%, but no more than 30 seconds |
Common Misconceptions
1. If the content I want to use is on the on the internet, then it is fair game.
FALSE!
It is important to remember that all fixed and tangible content is automatically protected by copyright.
2. If there is no copyright symbol or copyright notice on a piece of content that I want to use, then that means that the content is not protected by copyright.
FALSE!
Just because the copyright symbol or a copyright notice is missing doesn’t mean that the piece of content is not protected. In fact, copyright protection is automatically applied when an original work has been created.
3. If I use content for my course, then it is fair use.
FALSE!
Educational purposes does not automatically ensure that the use falls under the protection of fair use.
Fair Use Tools and Resources
Below you will find some common misconceptions about Fair Use
The following tools and resources can help you analyze fair use in relation to your work or needs. NOTE these tools or resources are not legally sound, they are simply tools to help you make the best decisions possible.
a tool designed to help you determine whether your use f copyrighted material falls under fair use
Help you better understand how to determine the "fairness" of a use under the U.S. Copyright Code.
Collect, organize & archive the information you might need to support a fair use evaluation.
Provide you with a time-stamped, PDF document for your records, which could prove valuable, should you ever be asked by a copyright holder to provide your fair use evaluation and the data you used to support it.
Provide access to educational materials, external copyright resources, and contact information for copyright help at local & national levels.
Creative Commons
Creative Commons is a licensing system that allows creators to share their work with the public while retaining copyright ownership. Through a set of easy-to-use licenses, Creative Commons grants permissions for others to use, distribute, and build upon the work that is shared. These licenses enable a balance between copyright protection and the need to share and collaborate, fostering a culture of creativity and innovation in the digital age.
Faculty members can leverage Creative Commons licenses to share teaching materials, such as lecture notes, presentations, and syllabi, with colleagues and students worldwide. By applying these licenses to their work, educators retain control over how their content is used, allowing for broader dissemination while still protecting their intellectual property rights. This collaborative approach fosters innovation and knowledge exchange among academic communities, promoting a culture of sharing and continuous learning.
Types of Creative Commons Licenses
Permissions
Securing copyright permission involves seeking approval from the owner of a copyrighted work to utilize it. This process is also known as licensing, where the copyright holder grants you authorization to employ their work in a specific manner. It's important to note that this permission doesn't confer ownership of the copyright itself; rather, it grants you the right to use the work.
While not always mandatory from a legal standpoint, obtaining permission can serve as a proactive measure to mitigate risks and steer clear of potential copyright conflicts.
Follow the steps outlined below to assess whether permission is necessary for your intended use and, if so, to acquire it.
The following steps will be outlines in this section:
Determine if permission is needed
Identify the copyright owner
Ask for permission
Keep a record
Determine if permission is needed
Your first step to make sure asking for permission is even necessary. You may NOT need to ask for permission if the following is true:
The work is in the public domain: Works in the public domain are no longer safeguarded by copyright law and may be utilized without permission.
The owner has already provided permission: Many creators opt to offer their work for free use through open access licenses, often utilizing Creative Commons licenses. These licenses have varying requirements, so it's essential to review the terms meticulously before utilizing an open access work.
The library already possesses a license: Latourette Library secures licenses for a significant amount of digital content to be utilized as course materials, which can be accessed by students via direct links within either Latourette Library or DTL.
Your use falls under Fair Use: Refer to the Fair Use section of this guide to assess whether your intended use qualifies under this provision.
Identify the copyright owner
The next step is to identify the copyright owner, which may or may not the author.
The author is the first owner of the copyright, but the author may sell or transfer the copyright to someone else. For many works, the publisher rather than the author is the copyright holder. You can often identify the owner through a copyright notice such as "© 2015 Oxford University Press." However, not all copyrighted works will have a notice.
What do you do when you cannot find the owner?
Unfortunately, this is a common situation. When a request is made it is common to either receive a no or never even hear back from the owner. Additionally, there will be times when the owner cannot be identified. When you cannot identify or locate the current owner, the copyright materials are sometimes called “orphan works.” Congress has considered legislation to address the problem of orphan works, but a solution has yet to be provided. In the meantime, what do you do when you cannot find or reach the copyright owner?
Possible solutions include:
Return to fair use
Now that you have actually attempted to get permission to use the item, you may find that inaccurate assumptions have been made which will change how fair use is applied.
Replace the items with an alternative
If you can achieve your goals with an alternative piece of content, it is recommended to do so in cases such as this.
Alter your planned use of the copyrighted works is possible
An example of this could be instead of providing the PDF, link to the item if possible.
Conduct a risk-benefit analysis
If you have done everything possible and you do not want to change your desired use of a piece of content, the last option is to conduct a risk-benefit analysis. This is basically as way of seeing if the desired use is worth the potential risk of the copyright owner seeing your use of their materials and potentially assert legal claims against you or the intuition. This is a very tentative situation and should not be considered or completed on your own. should you believe a risk-benefit analysis is your next step, please contact the library for further guidance.
Ask for Permission
Once you have identified the copyright owner, it is time to draft a permission request. It is important that your request clearly describe the scope of how you intend to use the work, otherwise the permission you receive may fall short of meeting your needs. For example, if you ask to use a work in a conference presentation, the permission may not include making the presentation available online or publishing it in conference proceedings. Be sure to include all the rights you anticipate needing and include alternatives if you are unsure of the format (e.g. print, DVD, web) in which the work will be used. If you will be using the work only for noncommercial, educational purposes, include this information as well -- many copyright holders will be more willing to grant permission if they understand that their work will be used for education.
Use this Sample Permission Request letter as a guide. The letter may be modified to suite your needs.
Keep a Record
Keeping permission request records is crucial for maintaining transparency, accountability, and legal compliance. By documenting each request made for using a particular resource or accessing certain information, organizations can ensure that all permissions granted are tracked and recorded accurately. This helps in preventing any disputes or misunderstandings in the future regarding authorized access or usage. Additionally, maintaining detailed permission request records enables organizations to demonstrate due diligence in adhering to copyright laws and licensing agreements, reducing the risk of potential legal issues. Overall, the importance of keeping permission request records cannot be overstated in today's digital age where information and content usage are highly regulated.
Here at WCIU, the library keeps a record of all permission requests. Should you make a request, please keep the library updated on if permission was granted and provide proof.
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SCENARIO
An instructor wants their students to read an article available through the library. They access the full text of the article as a PDF through the library's databases, saves it to their computer and uploads it to Populi for students to download.
ALLOWED?
It depends. Since the instructor obtained the article from a library-licensed electronic resource she needs to understand general limitations and restrictions on use that may be contained in the license agreement between the publisher and the library. The terms of such license agreements control how the materials may be used.
Additionally, the future use of the items will also dictate if it falls under fair use. Should the article be used for 1 term or semester, then it’s most likely fine. If the article will used for multiple terms permission may be needed.
Whenever possible, instructors should make articles available to students through direct links to the library's database to prevent any copyright violations.
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SCENARIO
An instructor scans excerpts from journals, textbooks, and various other sources and creates PDF files of all of the readings. The instructor places all the readings online in Populi.
ALLOWED?
Before the instructor can do this a fair use, analysis must take place. If the materials do not align with fair use, the materials may not be posted.
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SCENARIO
A textbook hasn't arrived for the first week of the term. The professor wishes to place the first chapter online for her students to read.
ALLOWED?
Yes. A single chapter from a textbook is most likely fair use, especially when access is restricted to the students in a course. Copying more than one chapter may not fall under fair use.
SCENARIO
A professor wishes to use a textbook he considers to be too expensive. He makes copies of the book for the class or locates a copy online download it and then uploads it to Populi.
ALLOWED?
No. Although the use is educational, by providing entire copies to his students, the professor is clearly interfering with the marketing monopoly of the copyright owner. The professor should inquire with the library about purchasing the text or require the students to purchase the book.