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Introduction: Why Is This Important?
Copyright
Intellectual Property
Fair Use
Privacy
Further Resources
This information is provided for educational purposes and not for the purposes of legal advice Keep in mind that laws and procedures change frequently. If you want legal advice backed by a guarantee, see a lawyer.
The big question in your mind may be -- "Why do I need to know anything about copyright?" and "How does any of this affect me?" Good questions, indeed, so that is where we will begin.
First, everyone who plans on using information from an outside source (such as, writing a research essay for a class that cites sources, preparing a presentation, etc.) needs to know something about copyright. Any time you are using another person's work, you are indirectly dealing with something owned by that person, his or her intellectual property. What are some other reasons for knowing about copyright? Have you ever paid attention to the signs above or on photocopiers in libraries? They usually have a copyright statement to advise you as to your rights and responsibilities for use of photocopied materials. There are actually rules about photocopying materials -- even laws. For example, here is the copyright statement that appears next to photocopiers in Moorhead State University Library:
NOTICE:
The Copyright Law of the United States (Title 17 U.S. Code) governs the making of
photocopies or other reproductions of copyrighted material. The person using this
equipment is liable for any infringement.
Have you ever used Interlibrary Loan to get a journal article? Did you know that there are copyright considerations as to how many articles from one journal any one library can get through interlibrary loan? Here are guidelines regarding interlibrary loan and copyright from CONTU (National Commission on New Technological Uses of Copyright Works). The "CONTU Guidelines" were developed to "assist librarians and copyright proprietors in understanding the amount of photocopying for use in interlibrary loan arrangements permitted under the copyright law" (CONTU Guidelines on Photocopying Under Interlibrary Loan Arrangements). See section -- Copyright and Interlibrary Loan.
Did you know that you have rights as a creator of original material -- including student essays, term papers, web sites, and any published or unpublished works? Do you know how to register a copyright, and when it is advisable to do so?
If any of these questions or issues concerns you, then you've come to the right
place. Copyright affects you as a student, teacher, researcher, writer, etc.
Because it is not the easiest issue to fully comprehend, we created this website to give
you some of the fundamentals. This web site is not intended to be used as legal
advice. Seek the help of a qualified legal professional.
Copyright "gives the owner of a creative work" (such as a book, short story, photograph, website) the right to "keep others from using the work without the owner's permission" (Elias, 1996). The Copyright Act of 1976 is a federal statute that governs copyright protection "for original works of authorship created after January 1, 1978." The Copyright Act can be found in your library or on the web in Title 17, United States Code, Section 100+.
Copyright protects expression. The Copyright Act of 1976
states that the items of expression can include literary, dramatic, and musical works;
pantomimes and choreography; pictorial, graphic and sculptural works; audio-visual works;
sound recordings; and architectural works. "An original expression is
eligible for copyright protection as soon as it is fixed in a tangible form. Consequently,
almost any original expression that is fixed in a tangible form is protected as soon as it
is expressed" (from The Copyright Website).
The first Copyright Act was enacted by Congress in 1790 with major revisions in
1831, 1870, 1909, and 1976. Thus, copyright is governed by the law, and is not something
to be taken lightly.
For more information on what is protected by the Copyright Act, see the act itself, (Title 17 of the U.S.
Code) and read the full section on Copyright Fundamentals at The Copyright Website.
The United States Copyright Office website at the Library of Congress, defines
copyright as follows:
Copyright is a form of protection provided by the laws of the United States (title 17,
U.S. Code) to the
authors of "original works of authorship" including literary, dramatic, musical,
artistic, and certain other
intellectual works.
This protection is available to both published and unpublished works. Section 106 of
the 1976 Copyright
Act generally gives the owner of copyright the exclusive right to do and to authorize
others to do the
following:
(From Library of Congress,
Copyright Office, 1/6/98.)
Recommended starting points for learning about copyright follow. First, the Copyright Act (Title 17, USC) itself is important for you to read -- it is the foundation.
Second, an introductory website...One of the most user-friendly copyright-related websites is The Copyright Website "Launched on May Day 95, this site seeks to encourage discourse and invite solutions to the myriad of copyright tangles that currently permeate the Web." It includes the following categories: Hollywood: Famous Copyright Infringements; Basics: Copyright Fundamentals and Registration; Fair Use and Public Domain, and more. You can also post questions to Copyright Talk -- a discussion group off of this site.
Who better to introduce you to copyright issues than the Library of Congress? The Library of Congress's site for copyright -- The United States Copyright Office, includes copyright registration forms, copyright information circulars, and an explanation and links to copyright law. This is an essential resource.
Who owns a copyright?
A copyright is owned by the individual who created the work, or expression. The creator -- the author-- owns the copyright. There are exceptions to this rule, however:
Length of Copyright
An author owns a copyright to an original work and has copyright protection, the instant the expression is fixed in a "tangible form." According to the Copyright Act of 1976, the protection lasts for:
Whenever either of these durations is completed, the work is said to be in the "public domain," which means that it can be copied, quoted, or used in any means.
Copying
A copy is the "physical form in which an expression is retained over time, no matter how brief" (Elias, 1976). According to Elias, this includes, but is not exclusive to photocopies, tape recordings, photographs, carbon copies, manuscripts, printings, molds, computer disks and diskettes, videotapes, videodisks, and CD-ROMs. The Copyright Act of 1976 defines copies as "material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device" (17 U.S. Code, Section 101).
Faculty members/instructors will find the following documents useful:
Infringement
Infringement of copyright is "any unauthorized use of a copyrighted work (other than
fair use) that violates the copyright owner's exclusive rights in the work" (Elias, 1996, 93).
The Moorhead State Library fully complies with the copyright law which restricts a
library to requesting only 5 articles (published in the past 5 years) from the same
periodical during a calendar year. After that number of requests, the library must pay
a copyright fee to obtain another article copy. Check at the Interlibrary Loan Office
(236-2924) if you still have questions about this.
Copyright Concerns in Cyberspace
According to Section 102(a) of Title 17 U.S. Code (1976 Copyright Act), Copyright protection--
subsists... in original works of authorship fixed in any tangible medium of expression,
now known or later developed, from which they can be perceived, reproduced, or otherwise
communicated, either directly
or with the aid of a machine or device.
Thus, the 1976 Act does foresee the development of new technologies. Most people see this as including the Internet, although the Internet does raise problems and questions regarding copyright. Is it a violation of copyright to print web material? To link to it? How can Internet resources be used? Who owns the information?
A highly recommended source for understandable explanations of copyright is
Janis H. Bruwelheide's The Copyright Primer for Librarians and Educators.
2nd edition. (1995). It is located in the Livingston Lord Library at the following
call number:
Z/649/.F35/B78/1995. Bruwelheide includes
information on digital issues, multimedia, the Internet, Distance Education concerns,
"intellectual property," along with a very lucid breakdown of sections 106-110
of the Copyright Act.
Subscribe cni-copyright your name
http://www.nytimes.com/library/tech/99/08/cyber/articles/10tickets.html
(Ticketmaster Sues Again Over Links) -- Must subscribe to the New York Times on the web to view -- subscription is freehttp://www.nytimes.com/library/tech/99/08/cyber/cyberlaw/06law.html
(Is Linking Always Legal? The Experts Aren't Sure) -- Must subscribe to the New York Times on the web to view -- subscriptioin is freeMoorhead State University Library also has some print-based resources you may want to see, including:
General:
For Authors/Creators:
The concept of Intellectual Property is directly related to copyright issues.
Intellectual Property is defined as "any product of the human intellect that is
unique, novel, and unobvious and has some value to the marketplace" Technology Transfer Office, University of Texas
at Arlington, such as an idea, an invention, expression, literary creation, unique
name, presentation, and more. Another source defines Intellectual Property as
"non-physical" property -- "created by thought, legally protected, and
recognized by the government" The
Chicago Kent Intellectual Property Law Society.
On the WWW:
In the library:
A copyrighted work may be legally used, even without an author's permission, under the
guidelines for fair use.
Often known as "educational fair use," this refers to the Copyright Act section
that says: "the fair use of a copyrighted work, including such use by reproduction in
copies or 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." Fair use
authorizes any person to make fair use of a published or unpublished copyrighted work in
certain contexts. The factors under consideration for "fair use" are:
Brad Templeton, in 10 Big
Myths about Copyright Explained says that:
Fair use is almost always a short excerpt and almost always attributed. (One should not
use more of the work than is necessary to make the commentary.) It should not harm the
commercial value of the work -- in the sense of people no longer needing to buy it (which
is another reason why reproduction of the entire work is generally forbidden.)
Fair use is described in Secion 107 of the 1976 Copyright Act.
One of the best resources we've found is the University of Texas's Rules of Thumb for Fair Use and Copyright. It is concise and easy to read. Of course, realize that this is not the original CONFU Guidelines, which you can read if you are interested. Fair use just isn't an easy subject to tackle -- having a basic understanding is a good goal for most students.
Fair Use is complicated in the electronic age. The Internet creates a double-edged sword. See the Association of Research Libraries' approved fair use statement -- Fair Use in the Electronic Age: Serving the Public Interest.
So... where does privacy fit into all of this? For example, what are your rights and expectations regarding privacy in an electronic age?
Two important pieces of legislation are central to understanding your rights to privacy, and your rights to find information. First of all, the Freedom of Information Act (FOIA). The following explanation is from A Citizen's Guide On Using the Freedom of Information Act and the Privacy Act of 1974...:
The FOIA requires agencies to publish or make available for public inspection several types of information. This includes: (1) descriptions of agency organization and office addresses; (2) statements of the general course and method of agency operation; (3) rules of procedure and descriptions of forms; (4) substantive rules of general applicability and general policy statements; (5) final opinions made in the adjudication of cases; and (6) administrative staff manuals that affect the public. This information must either be published in the Federal Register or made available for inspection and copying without the formality of an FOIA request.
Privacy Act of 1974
The following web resources may be useful to you concerning one or all of the topics we've covered.
The following library resources cover one or more of the issues:
Other resources:
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Last updated 6/29/00
goodmanb@mnstate.edu