Copyright and Fair Use of Copyrighted Materials - FAQ
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PCC Library Copyright and Fair Use of Copyrighted Materials - FAQ |
Here are some answers to frequently asked questions. If your question has not been answered here, you may submit it to the library.
General | Printed Materials | AV and Multimedia | Internet
I gave credit to all the
creators of the materials I'm using so I'm not infringing, am I?
If the work you created is outside the exclusion limits of the copyright law and
the materials you used are protected by copyright, then you are still
infringing, just not plagiarizing.
I gave credit to all the
creators of the materials I'm using so I'm not infringing, am I?
If the work you created is outside the exclusion limits of the copyright law and
the materials you used are protected by copyright, then you are still
infringing, just not plagiarizing.
The copyright owner won't mind,
because he's getting free publicity by my using his work.
The copyright owner still maintains the right to distribute his work and you do
need permission.
I think what I am
doing is fair use, but what if someone says it isn't?
There is some protection for unintentional infringement by educators in a
not-for-profit use. Keep careful records. What part of the copyright law or
guidelines led you to believe it was fair use? What steps did you take to locate
the copyright owner? What attempts did you take to secure an original copy of
the item? In other words, document your good faith effort to stay within the
copyright law and guidelines.
The work that I want to use in
my book is out of print, does that mean that it is no longer protected by
copyright?
Being out of print has no bearing on the copyright status of a work; the time
limits and fair use exemption still need to be applied.
There's no copyright symbol on
the work I want to use. Does that mean it's not protected?
No, since March 1, 1989 the copyright symbol © has not been required. You might
also have something that qualifies as an unpublished work, in which case it may
still be protected.
I want to use some information
from a critical edition of Voltaire's Candide. Isn't Candide in
the public domain and no longer protected by copyright?
Candide in the original French is in the public domain, but the
translation may not be, it depends on when it was created. In addition, any
commentary or annotations that are in the critical edition are works of the
editor or others and may still be under copyright protection.
I made copies of an article for
my fall Sociology class. Can I copy the same article for my spring classes?
No, the rule of spontaneity would not apply and there would have been enough
time to request permission.
I often photocopy current news
articles of interest to my class, is this allowed?
According to some sources this should be ok. The limits that usually apply to
periodicals or other sources do not apply to "current news periodicals and
newspapers and current news sections of other periodicals."
There's a Peanuts comic that's
really appropriate for my ESL classes. Can I copy it and place it on the
classroom bulletin board? Is it OK if I make enough copies for all the ESL
teachers?
Making one copy and posting it is within the fair use guidelines. You cannot
however make multiple copies and distribute them to other teachers. If each of
the teachers who saw it individually and spontaneously asked for a copy, that
would be permitted.
Can I use a film that I rented
from a local video store or purchased myself in my class?
Using tapes labeled "Home Use Only" is considered fair use in face-to-face
teaching in a classroom. The film cannot be shown in the classroom though if it
not directly related to the teaching. In other words, they cannot be shown as
entertainment or a reward.
Recently I visited the Art
Institute of Chicago and purchased some slides of painting by Renaissance
artists. I'd like to digitize these and use them for my online course. Is this
OK? All of the painters have been dead for centuries, so the works are in the
public domain, right?
Although, the works are in the public domain, the slides are probably not.
Either the Art Institute or the photographer owns the copyright, depending on
whether it was produced as a work for hire. If, on the other hand, you could
legally take that photo yourself, it would be permissible because you would own
the copyright for the slide. (Subject to any museum conditions for taking the
slide.).
The Foreign Language Club wants
to have a monthly showing of different recent foreign language films followed by
a discussion. Isn't this fair use because of the educational benefit?
While showing copyrighted feature films in the classroom is fair use, showing
them to a club is not. Fair use in this case requires that it be in the course
of face-to-face teaching of an established course.
I made a copy of a television
program that's relevant to my class. After the ten day viewing period I asked
the library to add it to the collection, but it's not available for sale or even
rental. Since it cannot be purchased or rented, can the library retain the copy?
No, other than the exemptions provided by the fair use guidelines, the copyright
owner has the exclusive right to perform or distribute the program.
Using tapes of news programs is
legal under the fair use guidelines. Does this include all news programs?
Programs in magazine format such as 60 Minutes or Nightline do not
share the blanket exemption. You must apply other fair use criteria or
guidelines to them.
I have a C-SPAN program that
I'd like to use, is that OK?
C-SPAN allows
teachers at accredited institutions to tape and use any program as long as it is
for in-class educational use and not redistribution or political purposes.
Some other cable networks offer some form of permission; it's always best to
check the stations' web site for the information about use. Or ask for specific
permission.
I found a great illustration on
the Internet that I want to add to my online course. The person who posted it
must know that it can be easily copied, so isn't that implied permission?
Publishing something on a web site is no different from publishing it in a more
traditional format. The person who created it controls its duplication and
distribution unless it is clearly stated that the material may be copied or is
in the public domain. In addition, the person who posted it may not have created
it and the posting itself may violate copyright.
Instead of copying something I
found on the Internet, can I just make a link to it, then there won't be any
question of infringement, will there?
While often true, this may cause others problems under certain circumstances.
The link should make it clear that the work is not one's own. This can
especially be a problem when frames are used. The TotalNews case illustrates
this. TotalNews used frames to display news articles from other sources on the
web. The original source was not attributed and it was surrounded by the
TotalNews URL, logo, banner, etc. TotalNews was sued by CNN, Reuters, the
Washington Post, and others claiming that this was "the Internet equivalent of
pirating copyrighted materials" among other charges. In an out-of court
settlement TotalNews agreed.
Note: It is contrary to net etiquette to use an IMG without permission from the
copyright owner of the image
Are e-mail messages and
listserv and usergroup postings protected by copyright? Shouldn't the author
assume that they will be shared?
These are protected by copyright just as any other writing that is established
in a fixed format, unless the author states otherwise. Some listservs make it
clear that, by posting messages, the author is placing them in the public
domain, but not all do so. If in doubt, it is best to ask for permission or to
apply the fair use criteria. You may however paraphrase the messages.
I've heard some discussion that
linking (without permission) is going to be illegal. Is it?
If the link places it in a frame in such a way to make the user think the work
is yours and not someone else's, there may be a legal issue. Definitely, using
someone else's logo or trademark without permission is not allowed.
The information on this site is intended to inform the
faculty, staff and students at Polk Community College about copyright and to
provide guidelines
for using and creating copyrighted material. The information should not be
considered legal advice.
FAQ questions and answers used with permission of College of DuPage Library, Glen Ellyn, Il.