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Please remember that it is your responsibility to
be familiar with the Copyright Law. |
Definition:
"Copyright: the exclusive,
legally secured right to publish, reproduce, and sell the matter and form
of a literary, musical, dramatic, or artistic work.
Copyright is designed
primarily to protect an artist, publisher, or other owner against any
unauthorized copying of his works--as by reproducing the work in any material
form, publishing it, performing it in public, filming it, broadcasting
it, causing it to be distributed to subscribers, or making any adaptation
of the work. A copyright supplies a copyright holder with a kind
of monopoly over the created material, which assured him of both control
over its use and the pecuniary benefits derived from it."
(Encyclopedia Britannica Online http://www.eb.com)
For additional information on the historical background of copyrights,
visit the Encyclopedia
Britannica online site through VIVA.
"Agreement on Guidelines
for Classroom Copying in Not-For-Profit
Educational Institutions with Respect to Books and Periodicals"
from A Copyright Sampler (1966) edited by Wanda K. Johnston and
Derrie B. Roark.
Pages 199-202. As quoted from the book:
Fair Use Criteria and Related Guidelines
Section 107.
Limitations on exclusive rights: Fair Use
Notwithstanding the provisions
of section 106 and 106A, the fair use of a copyrighted work, including
such use by reproduction in copies of phonorecords or by any other means
specified by that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use, scholarship,
or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair use, the
factors to be considered shall include:
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyright work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
1. Single Copying for Teachers. A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class: a chapter from a book; an article from a periodical or newspaper; a short story, short essay or short poem, whether or not from a collective work; and a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.2. Multiple copies for Classroom Use. Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion provided that: the copying meets the tests of brevity and spontaneity as defined below; and meets the cumulative effect test as defined below; and each copy includes a notice of copyright.
3. Definitions:
Spontaneity: The copying is at the instance and inspiration of the individual teacher and the inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
Cumulative Effect: The copying of the material is for only one course in the school in which copies are made; not more than one short poem, article, story, essay or two excepts may be copies from the same author, nor more than three from the same collective work or periodical volume during one class term; and there shall not be more than nine instances of such multiple copying for one course during one class term.
4. Prohibitions to the above: Not withstanding any of the above, the following shall be prohibited: Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material. Copying shall not substitute for the purchase of books, publishers' reprints or periodicals. No charge shall be made to the student beyond the actual cost of the photocopying.
For further information, see A COPYRIGHT SAMPLER located in RBC Library at KF3030,1.Z9/C66/1966.
United
States Copyright Office, The Library of Congress
http://lcweb.loc.gov/copyright
"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"
(U.S. Constitution, Article 1, Section 8)
This website includes Copyright
Basics, Copyright Law, Digital Millennium Copyright Act, and related resources.
ARL
(Association of Research Libraries)
http://www.arl.org
This ARL site contains extensive
information on copyright issues.
ARL
(Association of Research Libraries): A Bimonthly Newsletter of Research
Library Issues and Actions
http://www.arl.org/newsltr/194/copy.html
The Campus Guide to Copyright Compliance
http://www.copyrightoncampus.com/
Copyright
& Fair Use, Stanford University Libraries
http://fairuse.stanford.edu/
This site contains an extensive
list of library copyright and fair use guidelines and materials.
Copyright
Clearance Center
http://www.copyright.com
Copyright Primer, Maryland University College Digital
Millennium Copyright Act. Educause Current Issues.
http://www-apps.umuc.edu/primer/enter.php
http://www.educause.edu/issues/dmca.html
Digital Millennium Copyright Act Status & Analysis
http://www.arl.org/info/frn/copy/dmca.html
Fair Use of Copyrighted Works
http://www.cetus.org/fairindex.html
"This page contains the electronic version of FAIR USE OF COPYRIGHTED WORKS, A pamphlet published by CETUS (Consortium for Educational Technology in University Systems)." It includes University Guidelines for Intellectual Property, Fair Use: Overview and Meaning for Higher Education; Illustrative Scenarios; and Obtaining Permissions.
University Publishing Copyright, Washington State University
http://publishing.wsu.edu/copyright/index.html
Using Electronic Reserves: Guidelines and Best Practices for Copyright Compliance
http://www.copyright.com/ccc/do/viewPage?pageCode=ac10
The UT System Crash Course in Copyright When
Works Pass Into the Public Domain
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
Information on when works pass into the public domain, presented in table
format.
http://www.unc.edu/~unclng/public-d.htm
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to top
ADDITIONAL
SOURCES IN RICHARD BLAND COLLEGE LIBRARY:
The Richard Bland College Library
has several materials on copyright. Search LION (library catalog) for copyright.
Return
to top
TEACH ACT (Technology, Education and Copyright Harmonization Act) 2002:
On November 2, 2002, the Technology, Education and Copyright Harmonization Act" (the TEACH Act) was signed into law by President Bush. The TEACH Act changes existing copyright laws for distance education courses in accredited, nonprofit educational institutions in the United States.
Technology,
Education and Copyright Harmonization (TEACH) Act
New Copyright Law for Distance Education: The Meaning and Importance of
the TEACH Act
http://www.ala.org/washoff/teach.html
Last updated July 17, 2007
