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| LIBRARY > ABOUT THE LIBRARY > COPYRIGHT > COPYRIGHT FAQs |
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Copyright FAQs This page provides only general information. Landmark College Library Staff is available for further questions from the Landmark College community, but true legal advice can only be provided in the course of an attorney-client relationship. General Information
1. What is copyright? What does it cover? 2. How is copyright different from trademarks and patents? 3. How is copyright different from plagiarism? 4. How can I tell if something has a copyright? 5. How do I know if a formerly copyrighted work is now in the public domain? 6. Under what circumstances may I use a copyrighted work? 7. How do I request permission to use a copyrighted work? 8. What is "Fair Use" and to what does it apply? 9. How can I figure out if what I want to do is considered Fair Use? 10. Is there anything else that should be taken into account? 11. What penalties are there for copyright infringement? Internet/World Wide Web Media 12. How does the application of Fair Use differ with this kind of material? 13. What about materials found on the web? Can I copy them? 14. Can I have a link to a different site on my website? 15. Can I use someone else’s material on my website? Audiovisual (AV) Media 16. Can AV materials being used in a classroom without seeking permission? 17. How does the application of Fair Use differ with this kind of material? 18. May a program broadcast by the local cable system be videotaped for classroom use? Faculty 19. Can I create a course reader without seeking permission? 20. What can I do if course materials have been ordered for a class but are late in arriving at the bookstore, or are no longer available? 21. Can I scan an article and make it available to my class in a shared folder? 22. What if I ask for permission but don’t get it before my deadline? Can I go ahead and 23. Must an instructor include the copyright notice on every copy s/he makes? 24. What is my responsibility for my students? 25. How can I protect my own materials that I have created? 26. What if I still have questions after reading these FAQs? General Information1. What is copyright? What does it cover? It is exactly what it sounds like. A copyright is the rights to the copy, or the body, of a work. According to Title 17 of the United Stated code, Chapter 1, Section 102, it guards "original works of authorship fixed in any tangible medium of expression." In other words, it is designed to protect works of original content, either published or unpublished. 2. How is copyright different from trademarks and patents? Trademark refers to the registration and rights pertaining thereto of an icon, services, or a product, for the owner of the trademark. Patent refers to the same thing with regards to inventions, and in some cases, ideas. 3. How is copyright different from plagiarism? Plagiarism is unlike copyright because it is an intellectual concept, not a legal one, and it refers to using someone else’s work and/or content and presenting it as your own. 4. How can I tell if something has a copyright? The rules for copyright have changed many times, and will most likely continue to change. 5. How do I know if a formerly copyrighted work is now in the public domain? Here is a quick overview:
For further information, please refer to a chart on the University of North Carolina website (created and maintained by Lolly Gasaway). 6. Under what circumstances may I use a copyrighted work? There are many situations in which you may use someone else's work. The first and most important is to ask for the copyright holder's permission. The second is specific to academic circumstances, and is referred to as "fair use." 7. How do I request permission to use a copyrighted work? Landmark College maintains an institutional license with the Copyright Clearance Center (CCC) for copyright permissions from thousands of publishers. The College expects faculty and staff to obtain permission for the distribution of copyright-protected materials via the CCC's easy-to-use interface.
...and your results list will indicate whether use is covered by the license, and under what terms (if any). 8. What is "Fair Use" and to what does it apply? "Fair Use" is usually used as a defense plea used against allegations of copyright infringement. Use of copyrighted materials, especially educational use, is allowed in certain limited circumstances and may need not permission. Fair Use can apply to any copyrighted material, but not always in the same way. 9. How can I figure out if what I want to do is considered Fair Use? Determining Fair Use varies by media type. There are some specific situations dealt with below, but there are also some general rules, such as the Four Factor Fair Use Test. This test takes into account the following:
It is important to note that there is an increasing trend of judges placing the major emphasis on the last criteria—the financial effects that the use can have.
There are other aspects that need to be considered, as well. The following list is not exclusive, but covers the major points:
There is no hard and fast definition of these rules, and they are not all that is considered. Different judges apply them differently.
[This answer is under review.] Internet/World Wide Web MediaAs with all of the different types of media considered here, information on the World Wide Web and the Internet is automatically covered by copyright. However, because of the ease of access and of copying, there are some special considerations.
Because the Internet is not so much a type of media as a venue, it is hard to describe how the Four Factors really apply. It depends largely upon what kind of work you are thinking of using. A good general measure is no more than 10% of the whole work may be used, and sometimes less. When in doubt, consult an authoritative source. But the Four Factors can apply to everything on the Web—pictures, articles, designs, etc. There are a lot of places that provide free animation and the like, but be careful — you can never be sure that the material wasn’t originally lifted from a copyrighted site.
This is not an easy question to answer. It depends upon where you found it, where you’re planning on using it, how you will use it, how much of the original. It is better to be safe than sorry, though. You should ask permission. Most website creators list a way to get in touch with them right on their site.
The short answer is yes. Web addresses, or Uniform Resource Locators (URLs) cannot be copyrighted. Therefore, creating a hyperlink on your website is allowed. You are not legally required to ask permission for copyright reasons. Without permission, no. Using someone else’s material on a website, whether that website is for educational use or not, is not usually considered Fair Use because the potential audience (everyone who has access to the World Wide Web) is so large. Audiovisual (AV) MediaAV Media can be analog or digital, but the rules apply equally no matter what format it takes. 16. Can AV materials being used in a classroom without seeking permission? Yes, as long as it is a part of regular classroom instruction and is of an educational use. Copyright law allows for showing the whole videotape or DVD in the context of face-to-face instruction.
As was stated in the answer to question #7, the major difference is in the amount of the work that one is allowed to use.
If it was on basic service, yes. If it was on a premium channel or pay-per-view, no. Faculty The law applies equally to everyone in an educational setting, but there are certain circumstances that faculty are more likely to encounter. This section addresses those questions. 19. Can I create a course reader without seeking permission? From a review of the literature, it is unclear. Sometimes the answer is yes, and sometimes the answer is no. Different courts have had different opinions on this question. All of the factors noted above in question 9 and question 10 must be taken into account, plus many others. or are no longer available? Seek permission via the Copyright Clearance Center. (See question 7 for the procedure.)
You should first seek permission via the Copyright Clearance Center. (See question 7 for the procedure.) 22. What if I ask for permission but don’t get it before my deadline? Can I go ahead and use the material anyway? No, you should not use the material. If you do not get permission, you cannot assume that your use is permitted. The Copyright Clearance Center will tell you instantly whether permission is granted for text materials. Contacting authors of websites or other media can take longer.
Yes. The U.S. Copyright Office offers these guidelines for the notice: Form of Notice.
You are not responsible for their independent actions that result in copyright infringement. As was noted above, plagiarism and copyright infringement have a lot in common, but they are not the same thing.
It is important to know that copyright is automatically conferred upon all intellectual property. Also, you can mail a copy of the materials to yourself, and not open it when it arrives. That way you can prove that you had those ideas at a certain date. If you need more than this to feel protected, you can register with the United States Copyright Offices.
If you are a part of the Landmark College community, please feel free to contact the library staff. Also, please consult the websites listed above as resources for further information. |
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