Copyright and Fair Use Guidelines Updated May 11, The information presented here is general information for educational purposes only. Faculty members should consult with their Program Chair or Course Chair on any issues related to using materials in their classroom. This resource describes general library and educational fair use and fair use exceptions for research and scholarly work.
About Copyright Purpose of Copyright In general, copyright is a form of legal protection given to content creators through the assignment of specific rights to works that qualify for protection.
The main goals of copyright are to encourage the development of culture, science and innovation, while providing a financial benefit to copyright holders for their works, and to facilitate access to knowledge and entertainment for the public.
Copyright provides a framework for relationships between the different players in the content industries, as well as for relationships between rightsholders and the Copyright law applies research papers education of content. Copyright is a form of Intellectual Property, along with trademarks and patents in all countries, and other creations such as trade secrets, sui generis database rights, rights of publicity and the like that may vary from country to country.
Neither publication, registration, nor other action is required to secure a copyright, although in some countries use of a copyright notice is recommended, and in a few countries including the United States registration of domestic works is required in order to sue for infringement.
What Is Protected By Copyright? Nevertheless, nearly countries have ratified a treaty — the Berne Convention, administered by the World Intellectual Property Organization WIPO — that sets a minimum set of standards for the protection of the rights of the creators of copyrighted works around the world.
In addition, there have been efforts to harmonize copyright law in Europe and other regions. The differences in national copyright laws, however, can represent a challenge for global organizations with employees working in different countries and sharing content across boundaries.
Different Types of Rights Most national copyright laws recognize two different types of rights within copyright: Moral rights and economic rights.
Moral rights refer to the idea that a copyrighted work is an expression of the personality and humanity of its author or creator.
The right to be identified as the author of a work, The right of integrity that is, the right to forbid alteration, mutilation or distortion of the workand The right of first divulgation that is, making public of the work.
Moral rights cannot always be transferred by the creator to a third party, and some of them do not expire in certain countries. Countries in the Anglo-American tradition, including the United Kingdom, the United States, Canada, Australia and New Zealand, tend to minimize the existence of moral rights in favor of an emphasis on economic rights in copyright.
Economic or exploitation rights recognize the right of the holder to use, to authorize use of, or to prohibit the use of, a work, and to set the conditions for its use. Economic rights typically include: The right of reproduction for instance, making copies by digital or analog meansThe right of distribution by way of tangible copies for example, selling, renting or lending of copiesThe right of communication to the public including public performance, public display and dissemination over digital networks like the Internetand The right of transformation including the adaptation or translation of a text work.
In some countries, specific rules may apply that alter or add to the general rule of life plus 70 years for example, granting extensions for the period of World War II.
In addition, some countries had different copyright terms that were in effect before adoption of the general rule. These differences in national laws imply the fact that in some cases a specific work can still be in copyright in some countries but out of copyright that is, in the public domain in others.
They set minimum standards of protection which each signatory country then implements within the bounds of its own copyright law. The oldest and most important treaty is the Berne Conventionfirst signed inrevised many times in the years since, and today ratified by more than countries.The concept of fair use can be confusing and difficult to apply to particular uses of copyright protected material.
Understanding the concept of fair use and when it applies may help ensure your compliance with copyright law. Fair use is a uniquely U.S.
concept, created by judges and enshrined in the law. You truly meant to create a classroom copyright policy, locate agencies that grant permissions to use copyrighted materials, write a template for a permission request form, and locate sites to teach students about the value of original work and the societal benefits of obeying copyright laws.
You just had a few other things to do. Previously, we looked at the divisions growing in the open access community and an overview as to what Creative Commons is and how it applies to academic research.
Electronic Journal of Academic and Special Librarianship v.4 no.1 (Winter ) An Education in ©opyright Law: A Primer for Cyberspace. Exceptions and limitations to copyright are special cases defined by law where the general principle that the prior authorization of the rightsholder is . essays, and research papers.
Add to that an ever-increasing emphasis on technology literacy in our states’ education the copyright law still applies.