Copyright Law & Coverage
What is covered under copyright law?
- Any original work that has been written down or recorded in any form (it doesn't need to have been published)
- Works copied using mobile technologies - including streamed materials, and material loaded onto an e-reader
- Copyright doesn't have to be registered - it automatically exists
- Thoughts and ideas aren't protected
- Copyright on works made during a course of employment by an employee generally belongs to the employer unless specifically agreed otherwise.
What is Copyright Protection?
|Copyright protection exists from the moment a work is created in a fixed, tangible form of expression. The copyright immediatelybecomes the property of the author who created the work. Only the author, or those deriving their rights through the author, can rightfully claim copyright. In the case of works made for hire, the employer—not the writer—is considered the author.
The First Sale Doctrine
Under the First Sale Doctrine (Section 109 of the Copyright Act), ownership of a physical copy of a copyright-protected work permits lending, reselling, disposing, etc., of the item. However, it does not permit reproducing the material, publicly displaying or performing it, or engaging in any of the acts reserved for the copyright holder. Why? Because the transfer of the physical copy does not transfer the copyright holder's rights to the work. Even including an attribution on a copied work (for example, putting the author's name on it) does not eliminate the need to obtain the copyright holder's consent. To use copyrighted materials lawfully, you must secure permission from the applicable copyright holders or a copyright licensing agent.
Duration of Copyright
For works made for hire, anonymous works and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
For works created, published or registered before January 1, 1978, or for more detailed information, you may wish to refer to the public domain section of this guide or request Circular 15 ( "Renewal of Copyright"), Circular 15a ("Duration of Copyright") and Circular 15t ("Extension of Copyright Terms") from the U.S. Copyright Office Web site, www.copyright.gov.
Registration and Notification of Copyright
The use of a copyright notice is no longer required under U.S. law, although it is recommended. This requirement was eliminated when the United States adhered to the Berne Convention effective March 1, 1989. If a copyright holder wants to use a copyright notice, he or she may do so freely without permission from or registration with the U.S. Copyright Office. In fact, the use of a copyright notice is recommended because it reminds the public that the work is protected by copyright.
A copyright notice should contain all the following three elements:
Example: © 2005 John Doe
Essentially, all works first published in the United States before 1923 are considered to be in the public domain in the United States. The public domain also extends to works published between 1923 and 1963 on which copyright registrations were not renewed.
All materials created since 1989, except those created by the U.S. federal government, are presumptively protected by copyright. As a result, the chances are high that the materials of greatest interest to students and faculty are not in the public domain. In addition, you must also consider other forms of legal protection such as trademark or patent protection before reusing third-party content.
Public domain materials generally fall into one of four categories:
In rare instances, works may also be "dedicated" (i.e., donated) to the public domain.
Penalties of Copyright Infringement
If the copyright holder has registered the work with the U.S. Copyright Office prior to the infringement, the copyright holder may sue for compensation. Court-ordered compensation may include damages such as lost profits from the infringing activity or statutory damages ranging from $250 to $150,000, plus attorneys' fees, for each infringing copy. Even higher damages may be awarded if the court feels that the infringement was committed "willfully."
You may also be criminally liable if you willfully copy a work for profit or financial gain, or if the copied work has a value of more than $1,000. In these cases, penalties can include a one-year jail sentence plus fines. If the value is more than $2,500, you may be sentenced to five years in jail plus fines. Criminal penalties generally apply to large-scale commercial piracy.
The Berne Convention further states that the scope and limitations of any copyright are based upon the laws of the country where the misuse of the copyright-protected work takes place (rather than the country where the work originated). For example, if you photocopy an article in the U.S., then U.S. copyright law applies to determine whether that copy was lawful. Similarly, if you digitize an image in the UK, the copyright laws of the UK apply to determine whether that digitized use is lawful.
There are grey areas, however, when it comes to the online usage of copyright-protected content. For example, if an article is uploaded in the U.S. and then viewed on a Web site in Australia, where is the "copying" taking place – and is more than one "copy" being made? Courts in the U.S. and around the world have yet to provide definitive answers as to what country's laws should be used to determine online copyright infringement in this case. To avoid a potential legal challenge from the copyright holder, many institutions follow a policy of "when in doubt, obtain permission" in these situations.
Copyright Clearance Center Overview
Overview of CCC's licensing services
Millions of people in businesses, universities, law firms and government agencies rely on Copyright Clearance Center and copyright.com to use and share published content with ease and confidence. CCC offers annual copyright licenses and pay-per-use licensing services to meet the diverse needs of organizations and institutions of every size and shape.
CCC's licensing and permissions services enable corporations of all sizes to use and share information with colleagues, partners, clients and others-around the corner or around the world.
Faculty and staff at more than a thousand institutions license content through CCC for coursepacks, e-reserves, course management systems, interlibrary loan and other classroom and educational uses.
What is Copyright Protection?
Copyright Workshop Held for Faculty
JAMES E. CHEEK LEARNING RESOURCES CENTER
SHAW UNIVERSITY LIBRARY
Expanding Library Support for Faculty Research
"COPYRIGHT LAW IN THE DIGITAL AGE" Workshop
The James E. Cheek Library received a grant from the Historically Black Colleges and Universities (HBCU) Library Alliance and the Andrew W. Mellon Foundation in November 2014 to support the strengthening of library services for faculty at HBCU campuses. The workshop, "Copyright Law in the Digital Age" gave instructors an overview of the current status of the U.S. copyright law and its impact upon library services. 15 faculty participated in the all day workshop and received a $200.00 stipend for their participation. A continental breakfast and lunch was provided for the participants. To be selected, interested faculty had to write a one page essay explaining why they were interested in the workshop and how they planned to incorporate copyright law into their courses.
Professor Laura N. Gasaway
Librarian, former Professor of Law - School of Law: University of North Carolina at Chapel Hill
Prof. Gassaway is a retired professor of advanced copyright law, art law and cyberspace law. She is past president of the American Association of Law Libraries and received its special Marian O. Gallagher Award in 2011.
Professor Gasaway has also served on the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar and its accreditation committee.
Professor Gasaway has co-authored several publications including: Librarians and Copyright: A Guide to Copyright in the 1990’s published in 1994; she edited Growing Pains: Adapting Copyright for Education, Libraries, and Society, published in 1997, and Librarianship: Historical Perspectives, published in 1996.
Copyright Permission Letters
Model Permission Letters
The following are a few example letters for seeking or granting copyright permission in various situations. These letters are offered as a starting place for drafting a letter suitable to your needs. The Copyright Advisory Office offers these materials as a service and makes no representation or warranty about the suitability of these drafts for individual purposes. They are a starting point for drafting permissions, and users should consult with their own counsel.
As Mark Twain Once Said ....
Copyright Registration Q's & A's
How do I register my copyright?
Where can I get application forms?
Can I make copies of the application form?
Can I file online?
What is the registration fee?
Do you take credit cards?
Do I have to send in my work? Do I get it back?
Will my deposit be damaged by security measures in place on Capitol Hill?
May I register more than one work on the same application? Where do I list the titles?
Do I have to use my real name on the form? Can I use a stage name or a pen name?
Will my personal information be available to the public?
How long does the registration process take?
Can I submit my manuscript on a computer disk?
Can I submit a CD-ROM of my work?
Does my work have to be published to be protected?
How much do I have to change in my own work to make a new claim of copyright?
Do you have special mailing requirements?