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| SJU Drexel
Library Copyright Policy & Guide: FAQs |
Copyright is a form of protection provided by the laws of the United States to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright protection arises automatically once an original work of authorship is fixed in a tangible medium of expression, now known or later developed; e.g., written, filmed, recorded. It does not require that a copyright notice be placed on the work, that the work be published, or that the work be deposited or registered with the Copyright Office or any other body. 2. What works are eligible for copyright protection? Copyright requires an original work of authorship to be fixed in a tangible medium of expression from which it can be perceived either directly or with the aid of a machine or device. Copyright protects the form of expression only and does not extend to the idea or concept underlying the work. Categories of copyrightable works under Title 17 USC § 201 include: literary works such as educational materials and computer programs; musical works, including any accompanying words; dramatic works, including any accompanying music; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. 3. Can facts, databases, and compilations be copyrighted? Facts cannot be copyrighted. However, the creative selection, coordination and arrangement of information and materials forming a database or compilation may be protected by copyright. Note, however, that the copyright protection only extends to the creative aspect, not to the facts contained in the database or compilation. 4. What rights does copyright provide?
As stated in 17 USC § 106, copyright
gives the owner of the copyright the exclusive right to do and to authorize
others to do the following:
5. How long does copyright last? Under current Copyright Law, the copyright term for works created by individuals on or after January 1, 1978, is the life of the author plus 70 years. For "works made for hire," the copyright term is 95 years from the date of first publication or 120 years from the date of its creation, whichever is earliest. The copyright term for works created before January 1, 1978, is a complicated determination and may require help from your General Counsel or the Copyright Office.The current Copyright Law established dates at which Copyright protection for unpublished works expires and those works pass into the public domain. Unpublished works created prior to January 1, 1978, and not published, will pass into the public domain 70 years after the author's death or at the end of 2002, whichever is later. Unpublished works created prior to January 1, 1978, but which are published between then and the end of 2002, will pass into the public domain 70 years after the author's death or at the end of 2047, whichever is later. Additionally, all works published before 1923 are now in the public domain. A fair use of a copyrighted work may include the practice of any of the exclusive rights provided by copyright, for example, reproduction for purposes such as criticism comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. The "fair use" limitation found at 17 USC § 107, is not defined in the statute and does not provide a solid rule for determining what is or is not a fair use. Rather it identifies four factors that should be evaluated on a case-by-case basis in order to determine if a specific use is "fair". These factors, which should be considered together when determining fair use, are:
The distinction between "fair use" and infringement can be unclear and is not easily defined. There is no right number of words, lines or notes that qualify as a fair use. An excellent Checklist for Fair Use has been prepared by Kenneth D. Crews and is included in the book Copyright Essentials for Librarians and Educators (ALA, 2000). Public domain refers to works that are not protected by copyright and are publicly available. They may be used by anyone, anywhere, anytime without permission, license or royalty payment.A work may enter the public domain because the term of copyright protection has, because copyright has been abandoned, or in the US because it is a US Government work and there is no other statutory basis for the Government to restrict its access.A work is not in the public domain simply because it does not have a copyright notice. Additionally, the fact that a privately created work is, with permission, included in a US Government work does not place the private work into the public domain. The user is responsible for determining whether a work is in the public domain. 8. Does public release, disclosure, or dissemination mean the same as public domain? No, these terms are not synonymous and should not be used interchangeably. Public release, disclosure and dissemination describe the availability of a work. Publicly released, disclosed or disseminated information may be owned and protected by copyright, and therefore, not be in the public domain. 9. Does copyright law apply to materials on the Internet? Yes, the Internet is another form of publishing or disseminating information; therefore, copyright applies to Web sites, e-mail messages, Web-based music, etc. Simply because the Internet provides easy access to the information does not mean that the information is in the public domain or is available without limitations. Copyrighted works found on the Internet should be treated the same as copyrighted works found in other media. 10. Does fair use apply to the Internet? Yes, fair use applies to materials and use of works found or placed on the Internet. The same factors will be considered as for fair use in print. 11. How can you determine if copyright permission is needed? Permission is not needed if the work is in the public domain, when the use is a fair use, or if a license or agreement covers the intended use. Otherwise, permission should be sought. 12. Are there guidelines for placing items on Reserve at the SJU library? Yes. Please refer to the "Library Reserve Guidelines" section of the SJU Drexel Library Copyright Policy & Guide. 13.
Are any types of photocopying/reproduction strictly prohibited?
In
accordance with section 107 of United States House Report 2223: 14. Is it necessary to get permission to use facts from a copyrighted source? Permission is not needed for the use of facts, because Copyright Law does not protect facts. However, to the extent that the facts are presented in tables, chart, graphs, or figures that can be copyrighted, permission may be necessary. Although it is always desirable to give attribution to the source, attribution is not a substitute for permission. 15. Is a US Government work protected by copyright? In the United States, US Government works are covered by 17 USC § 105. "Copyright protection . is not available for any work of the United States Government, but the United States is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise." Exceptions are available for certain works of the National Institute for Standards and Technology (NIST) and the US Postal Service. Copyright protection may be available for US Government works outside the United States. When a copyrighted work is transferred to the US Government, the Government becomes the copyright owner and the work retains its copyright protection.It is important to read the permissions and copyright notices on US Government publications and Web sites. Many Government agencies follow the practice of providing notice for material that is copyrighted and not for those that are in the public domain. Examples of government agency copyright policies and statements are: National Library of Medicine, US Air Force Museum, and Library of Congress. 16. May I use video recordings in a classroom setting without violating copyright? In most cases, it is acceptable to use legally obtained recordings of television programs, videos, or non-broadcast programs in a classroom (instructional) setting. The "US Copyright Office Circular 21: Reproduction of Copyrighted Works by Educators and Librarians", covers the guidelines for off-air recording of broadcast programming for educational purposes (see Section "F") - www.copyright.gov/circs/circ21.pdf. See also the section of this guide regarding video recordings. 17. What are the rules governing computer software? Computer software is covered under the Digital Millennium Copyright Act. Loading a program onto the hard drive of one computer is permissible, although a site license must be obtained from the copyright owner in order to use the program on a multitude of computers. Faculty may make back-up copies of software in order to protect the original, but simultaneous use of the original and back-up copies is prohibited. 18. Should I include a copyright notice on any materials that I reproduce? Yes. A copyright notice should be included on each copy, as it appears on the original. If there is no copyright notice on the original, you still must indicate that the material may be protected by copyright law. ; 19. Who owns the copyright if someone creates material for his or her employer? If an employee who is working within the scope of his or her employment creates the materials, then the materials are considered "works made for hire", and the employer owns the copyright. A work made for hire can also include materials produced under contract in which both parties agree in a signed, written document that the material produced is a work made for hire. If no such agreement is signed, and the creator is an independent contractor, then the copyright is owned by the contractor rather than the employer. 20. How does copyright affect distance education? The growth of digital technologies in distance education programs has created a number of questions for copyright law and its application. The librarians at Saint Joseph's University suggest that any online materials that include other's work be held to the Checklist for Fair Use. Faculty, staff, and students should take necessary precautions in order to limit access to any materials placed online for adistance education course. Access to materials should be limited in length of time available and in the potential size of the viewing audience. Allowing only authenticated users who are registered for a particular course to view distance education materials online is a good safeguard against copyright infringement. The best safeguard, as in any case involving copyright, is to ask permission for use of materials created by another person.
Back to SJU Drexel Library Copyright Policy & Guide
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