Subject Guide: ©opyright Information

The following information is intended to assist Hostos faculty, students and staff in making informed decisions with regard to the educational use of copyrighted materials. It is a resource page aimed towards facilitating a better understanding in order to avoid violations and promote compliance of the United States laws that govern the fair use of copyrighted materials. It is not intended as an authoritative document to be used for legal advice. When dealing with copyright, it is important to be mindful that copyright laws and procedures (as with any other field of law) change frequently.

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COPYRIGHT BASICS

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What is copyright?

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What works are protected?

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What works are NOT protected under copyright law?

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How long does copyright last?

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What constitutes copyright infringement?

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How can I register for copyright?

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Resources for Basic Copyright Information

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GUIDELINES FOR FAIR USE OF COPYRIGHTED MATERIALS FOR EDUCATIONAL PURPOSES

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What is Fair Use?

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Is it Fair Use?

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How and where do I get permission to use copyrighted materials when it's not fair use?

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GUIDELINES FOR FAIR USE IN THE HOSTOS LIBRARY

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Copyright Guidelines for CUNY libraries

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Copyright Guidelines from Other libraries and Educational Institutions

 

Compiled by: Prof. Barbara Carrel

                      Instructional Services Adjunct Librarian


 

COPYRIGHT BASICS

 

The following information is taken in part from United States Copyright Office. (June 2002). Copyright Basics  (Circular 1). Washington, DC: Library of Congress.

 

What is copyright?

Copyright is the protection provided to authors of “original works of authorship” by Title 17  (chapters 1 through 8 and 10 through 12) of the United States Code. Title 17 includes The Copyright Act of 1976, the basic framework for current copyright law, as well as all subsequent amendments.

These laws provide the owner of copyright the exclusive rights to reproduce, prepare derivative works, or distribute copies or recordings of the original work in addition to perform, display or digitally transmit the work publicly.

 

What works are protected?

Copyright protection expands well beyond the printed word. Copyright laws also protect original works of music; drama; pantomimes and choreography; pictures, graphics or sculptures; motion pictures, video and other audiovisual material; sound recordings; architectural works; and digital creations, including software and web pages on the Internet.

The federal statute which governs copyright affords equal protection to both published and unpublished works.

 

 

Moreover, a poem, image, graph or web page may in fact be copyrighted even if not explicitly stated at the source. The use ofa copyright notice is no longer required by law.

 

What works are NOT protected under copyright law?

 

By law, copyright protection does not extend to:

   - Works which have not been fixed in tangible form of expression.

   - Titles, names, short phrases or slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.

   - Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.

   - Works consisting entirely of information that is common property and containing no original authorship. For example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources.


 

How long does copyright last?

 

Copyright protection is divided into three distinct categories:

1. Works originally created on or after January 1,1978:

These works are automatically protected from the moment the work is created in fixed form.

For single authorship works, copyright extends to a term enduring the author’s life plus an additional 70 years.

For joint works, the term lasts 70 years after the last surviving author’s death.

In the case of works for hire, or those anonymously or pseudonymously written, the duration of protection is 95 years from publication or 120 years from creation, whichever is shorter.

2. Works originally created before January 1, 1978, but not published or registered by that date:

These works, by law, are now protected under federal statute. The period of copyright protection lasts the same duration as the previously mentioned works originally created on or after January 1, 1978.

The law maintains that the protection of these works created before January 1, 1978 will endure until December 31, 2002. For these works published on or before December 31, 2002, copyright will endure until December 31, 2047.

3. Works originally created and published or registered before January 1, 1978:

Legal protection for these works lasted for a first term of 28 years from the date copyright was

secured, with the ability to renew in the 28th year.

Amendments to The Copyright Act of 1976 have extended the renewal term for these works. Please refer to United States Copyright Office. (June 2002). Copyright Basics  (Circular 1). Washington, DC: Library of Congress for details.

For a helpful chart on copyright duration, see When Works Pass into the Public Domain

What constitutes copyright infringement?

Infringement of copyright is any unauthorized use of a copyrighted work that violates the exclusive rights of the copyright owner under the section What is copyright? discussed above.

 

What constitutes copyright infringement?

Infringement of copyright is any unauthorized use of a copyrighted work that violates the exclusive rights of the copyright owner under the section What is copyright? discussed above.


 

How can I register for copyright?

Although registration is not a requirement for copyright protection, registration does in fact establish a public record for a particular copyright claim. Copyright registration also affords the copyright owner certain legal advantages.

See United States Copyright Office. (June 2002). Copyright Basics (Circular 1). Washington, DC: Library of Congress for registration details. Or, visit the United States Copyright Office online for more information and downloadable application forms for copyright registration.

 

Resources for Basic Copyright Information

 

Copyright & Fair Use

A comprehensive treatment. of the topic from Stanford University Libraries with links to a topic overview, primary source material, current legislation, web guides, other academic institutions’ copyright policies, and a free subscription to Stanford’s Fair Use Monthly Newsletterwith fair use legislation alerts, opinion summaries,articles and more.

 

Copyright Management Center

From the Indiana University-Purdue University Indianapolis (IUPUI) community to provide access to a wide variety of resources about copyright in general and its importance to higher education, in particular. Protection, registration, ownership, rights, duration, fair use, permissions, and more.

 

Copyright Website

Maintained by attorney Benedict O’Mahoney, who specializes in copyright and intellectual property, this portal provides real world, practical and relevant copyright information for anyone navigating the net. A copyright wizard allows you to register your own website, famous video and audio infringement cases, copyright law and registration information, and digital copyright Issues.

 

Crash Course in Copyright

Excellent site with everything you can think of on copyright from Ask a Lawyer to Online Presentations on many issues of copyright for use by students, faculty, librarians and administrators from the University of Tennessee System’s.

NewsNet News bulletins from the U.S. Copyright Office. Subscribe to free electronic mailing list with periodic messages on the subject of copyright.

 

United States Copyright Office

All encompassing site with copyright basics, searchable copyright records, government publications, United States Copyright Office forms, licensing information, and legal and policy Issues.

 

10 Big Myths about Copyright Explained

Brad Templeton, founder of ClariNet, the first and largest electronic newspaper on the net, addresses the 10 most common myths about copyright in addition to providing guidance on copyright issues from an electronic publisher’s perspective.

 


 

 

GUIDELINES FOR FAIR USE OF COPYRIGHTED MATERIALS FOR EDUCATIONAL PURPOSES

 

What is Fair Use?

The following information is taken in part from United States Copyright Office. (June 1999). Fair Use (Factsheet 102). Washington, DC: Library of Congress.

United States copyright law allows for the use of copyrighted materials for educational purposes under specific circumstances.

Although not mentioned as part of original copyright law, a doctrine of fair use has developed over recent years through numerous court decisions. This doctrine maintains that the reproduction of copyrighted materials without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, and/or research may be considered fair use.

Section 107 of title 17 of the United States Code outlines four determinants for the “fair use” of copyrighted material:

1. the purpose and character of use

2. the nature of copyrighted work to be used;

3. the amount and substantiality of the portion used in relation to the work as a whole; and

4. the effect of the use upon the potential market for value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such a finding is made upon consideration of all the above factors.

For further discussions on the meaning and details of these four factors, see

The Consortium for Educational Technology in University Systems’ (CETUS) ) Fair Use: Overview and Meaning for Higher Education.

See also CETUS’ Fair Use of Copyrighted Works A Crucial Element in  Educating America  for actual cases and illustrative scenarios in the application of fair use and information on how to obtain permission to use copyrighted works in the classroom.

University of Texas System’s Fair Use of Copyrighted Materials

Copyright Management Center’s Meaning of the Four Factors

 


 

Is it Fair Use?

It is important to remember that educational purpose alone does not justify fair use. It is only one of four determining factors.

Moreover, as the United States Copyright Office’s   Fair Use factsheet (1999) reminds us, “the distinction between ‘fair use’ and infringement may be unclear and not easily defined. “  For assistance in determining whether or not the use of a particular copyrighted work falls within the guidelines for fair use, consider using the following websites:

 

University of Texas System’s Four-Factor Test

Copyright Management Center’s Checklist for Fair Use

University of Massachusetts, Amherst’s Foreign Language Resource Center’s Fair Use Chart

 

How and where do I get permission to use copyrighted materials when it’s not fair use?

When fair use guidelines do not apply, permission from the copyright owneris legally and ethically required. The use of a copyrighted work without permission is infringement. Infringing may be subject to legal action and financial damages.

According to Richard Stim in Getting Permission, when it comes to the use of copyrighted materials, “many people operate illegally, either intentionally or through ignorance... Some people avoid permissions because they don’t understand the permissions process or consider it too expensive.”

Permission to reproduce copyrighted content is available online at the Copyright Clearance Center. Formed in 1978 to facilitate compliance with U.S. Copyright Law, the Copyright Clearance Center acts as an agent on behalf of thousands of publishers and authors to grant permission for the use of copyrighted materials. One of the largest licenser of photocopy reproduction rights in the world, they provide licensing systems for the reproduction and distribution of copyrighted materials in print and electronic formats, academic permissions, and other services as well.

 

See the following websites for information on obtaining permissions for the use of copyrighted works in the classroom:

 

Introduction to the Permissions Process

A reprint of Chapter 1 of Richard Stim’s Getting Permission, a concise how-to guide to obtain permission to use copyrighted materials found on Stanford University Libraries’ website.

 

Locating Copyright Holders

CopyLaw.com offers a permission strategy and provides information for how to locate copyright holders.

 

Obtaining Permissions

Information on how to obtain permission to use copyrighted works in the classroom from the Consortium for Educational Technology in University Systems’ (CETUS).

 

Search Copyright Records

Search copyright information by selecting one of the three databases below, which contain records of registrations and ownership documents since 1978.

 


 

 

GUIDELINES FOR FAIR USE IN THE HOSTOS LIBRARY

 

Copyright Guidelines for CUNY libraries

The Copyright Task Force of the Council of Chief Librarians has prepared the City University of New York’s Copyright Guidelines for CUNY Libraries. This document outlines in detail copyright guidelines for the use of CUNY libraries’ materials and services. Please review this document for issues related to course reserves, interlibrary loans, reproduction equipment (copiers, microform reader printers, computers, scanners, etc.), preservation copying, licensing electronic and multimedia resources, and distance learning.

 

Copyright Guidelines from Other Libraries and Educational Institutions

See these sites which outline specific guidelines for reproducing copyrighted materials in numerous formats for a variety of educational purposes:

 

Copyright and Fair Use

Glendale Community College District administrative regulations for the use of copyrighted materials, from print to radio. Comprehensive site with sample forms and letters such as Sample Request for Permission to Reproduce Copyrighted Materials, Sample Inquiry to TV Producer, and Sample Request for Off-the-Air videotaping

 

Examples Illustrating the Application of Fair Use

Wonderfully illustrative examples in evaluating fair use involving print, multimedia, distance learning, and electronic reserves for non-profit educational uses from the Board of Regents of the University System of Georgia.

 

General Copyright Issues -Freguently Asked Questions

Useful FAQs from Metropolitan Community College in Omaha, Nebraska.

 

Handy Guide to Copyright Regulations for Faculty and Staff

Heartland Community College (Normal, Illinois) Library’s brief summary of copyright law for their faculty, a quick-reference tool in outline form.

 

Illustrative Scenarios

Actual cases and illustrative scenarios provided from The Consortium for Educational Technology in University Systems’ (CETUS).

 

Library-Copyright Guidelines

Carroll Community College Library’s guidelines for assessing the use of copyrighted materials for instructional purposes. Printed, audio (music), video, multimedia, and digital and online materials covered.

 

Reproduction of Copyrighted Works by Educators and librarians

This circular from the U.S. Copyright Office provides basic information on the most important issues dealing with the reproduction of copyright materials for educators and librarians.

 

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