Table of Contents
What is Copyright?
Copyright: A form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. “Copyright” literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.
Definition from the U.S. Copyright Office https://www.copyright.gov/help/faq/definitions.html
- Association of Research Libraries Copyright Timeline: A History of Copyright in the United States. A historical overview of US copyright acts, treaties, guidelines, and court cases from 1787 to 2014. Establishes how US Copyright law has been shaped over time. http://www.arl.org/focus-areas/copyright-ip/2486-copyright-timeline
- Copyright Law of the United States and Related Laws Contained in Tıtle 17 of the United States Code. The text of US Copyright law that includes the Copyright Act of 1976 and everything that has come after. This can be read online or downloaded as a PDF. https://www.copyright.gov/title17/
- 2015 DMCA Exemptions. A final ruling from the Librarian of Congress on the Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies. In other words for circumventing Digital Rights Management (DRM) for otherwise legal uses of copyrighted materials. https://copyright.gov/1201/2015/fedreg-publicinspectionFR.pdf
Is it in the Public Domain?
- Peter Hirtle’s Copyright Term and the Public Domain in the United States chart. Published by the Cornell University Library, Copyright Information Center, this chart will help identify if a work is considered public domain in the US. https://copyright.cornell.edu/publicdomain
- Public Domain Slider. Based on the date of first publication, this interactive slider will tell you if a work is protected by copyright, or is in the public domain. http://librarycopyright.net/resources/digitalslider/index.html
- Stanford Copyright Renewal Database. An online database to check to see if a work has had it’s copyright term renewed. https://exhibits.stanford.edu/copyrightrenewals
- United States Copyright Office, Copyright Catalog (1978 to present) This public database allows for searching of copyright registrations and renewals from 1978 to present. https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First
- Visual Resources Association (VRA) Digital Image Rights Computator. This interactive website will determine the intellectual property status of an image that includes a work of art, designed object, or built environment. http://dirc.vraweb.org/
Is my use a Fair Use?
Section 107 · Limitations on exclusive rights: Fair useNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism,comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copy-righted work as a whole; and(4) the effect of the use upon the potential market for or value of the copy-righted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.From U.S. Copyright Law Title 17: https://www.copyright.gov/title17/title17.pdf
- Fair Use Evaluator. Will help you learn about fair use and make a fair use evaluation with a PDF summary for documentation of fair use reasoning. http://librarycopyright.net/resources/fairuse/index.php
- Fair Use Checklist. This checklist was created by Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville). It allows someone to make a fair use analysis as well and create a document of the decision. https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html
- College Art Association (CAA) Code of Best Practices in Fair Use for the Visual Arts. This document describes best practices for visual arts professionals in fair use of copyrighted materials. http://www.collegeart.org/programs/caa-fair-use/
- Visual Resources Association (VRA) Statement on the Fair Use of Images for Teaching, Research, and Study This statement is a best practices document for image management professionals who use images in educational spaces. The statement describes 6 uses of images that fall within Fair Use. http://vraweb.org/wp-content/uploads/2016/09/VRA_FairUse_Statement_Pages_Links.pdf
- Code of Best Practices for Online Video. These guidelines give best practices for fair use as it pertains to online video. http://cmsimpact.org/code/code-best-practices-fair-use-online-video/
What if I’m a Teacher?
- TEACH Act. Published by American Library Association. This website describes what the TEACH Act does and best practices for use. http://www.ala.org/advocacy/copyright/teachact
- TEACH Act Flow Chart. Published by Scholarly Communications at Duke, Duke University Libraries. https://blogs.library.duke.edu/scholcomm/files/2007/12/copyright-review-flow-chart-v3x.pdf
- TEACH Act Checklist. From University of Texas Libraries Copyright Crash Course, this checklist walks through the reasons an educator may use materials under the TEACH Act. http://guides.lib.utexas.edu/copyright/teachactchecklist
- Copyright Advisory Services: For Faculty. This website provides information on using electronic resources in reading lists as well as Fair Use information. https://copyright.columbia.edu/faculty.html
How do I obtain Permission?
- The Basics of Getting Permission. Published by Stanford University Libraries, provides a simple 5-step procedure for obtaining permission. https://fairuse.stanford.edu/overview/introduction/getting-permission/
- Copyright Research. Published by the Stanford University Libraries Copyright and Fair Use Center, this website offers information and tools about searching for copyright ownership. https://fairuse.stanford.edu/overview/copyright-research/
- American Society of Picture Professionals (ASPP) Best Practices for Locating Copyright Owners of Photographic and Visual Art. These guidelines describes how one would locate the copyright owner of visual images. http://aspp.com/resources/best-practices/
- Music Publishers Association (MPA) The Copyright Information Resource Guide. This guide is specifically for finding publisher and copyright information for music and obtain permissions. http://www.mpa.org/content/copyright-search
- Code of Best Practices for Licensing Electronic Resources. From the American Association of Law Libraries, a set of guidelines for licensing electronic resources. https://www.aallnet.org/advocacy/vendor-relations/criv-tools/procurement-toolkit-licensing-electronic-resources/
- Copyright Clearance Center. This website allows you to obtain permission to copy and share materials that are protected by copyright. http://www.copyright.com/get-permissions/
What about Libraries, Archives and Museums?
- Section 108 Spinner. Section 108 of the U.S. Copyright Code allows for reproductions by libraries and archives for users, replacements, or preservation. This tool helps determine if your reproduction is covered by Section 108. http://librarycopyright.net/resources/spinner/index.html
- Copyright and Cultural Institutions Guidelines for Digitization for U.S. Libraries, Archives, and Museums. Published by Corenll University Library in 2009, by Peter B. Hirtle, Emily Hudson, and Andrew T. Kenyon, these guidelines provide an introduction and framework for the various uses of intellectual property within cultural institutions including oral histories and student work. https://ecommons.cornell.edu/bitstream/handle/1813/14142/Hirtle-Copyright_final_RGB_lowres-cover1.pdf
- Digital Library of Georgia – Securing Permission to Digitize and Display Collections Online. This website includes information for securing permissions from collection donors and locating rights holders for the purpose of digitization projects. http://dlg.galileo.usg.edu/AboutDLG/DisplayPermission.html?Welcome
- International Federation of Library Associations and Institutions (IFLA) Guidelines for Digitization Projects for collections and holdings in the public domain. These guidelines are especially useful for archive and library digitization projects. https://www.ifla.org/publications/guidelines-for-digitization-projects-for-collections-and-holdings-in-the-public-domain
- Rights & Reproductions: The Handbook for Cultural Institutions. Published by The Indianapolis Museum of Art (IMA) and American Alliance of Museums (AAM) this is useful for anyone in a cultural institution who handles permissions, licensing, or IP. https://rowman.com/ISBN/9781538112656
- Risk Management Calculator. A tool designed to help analyze the various types or risk involved for a certain project or institution. http://www.web2rights.com/OERIPRSupport/risk-management-calculator/
- Guidelines For the Use of Copyrighted Materials and Works of Art by Art Museums. Published by the Association of Art Museum Directors, this guide provides best practices for using images and in-copyright artworks within a museum context. https://aamd.org/sites/default/files/document/Guidelines%20for%20the%20Use%20of%20Copyrighted%20Materials.pdf
Creators & Scholarship
- SHERPA/RoMEO. A database of academic publishers that provides summaries on copyright and self-archiving policies. http://www.sherpa.ac.uk/romeo/index.php
- Author Rights: SPARC Author Addendum. A form that creates an addendum for authors to retain their rights when publishing scholarship. https://sparcopen.org/our-work/author-rights/brochure-html/
- Creative Commons. An organization that provides a set of licenses for creators to assign some rights reserved to their work. These licenses give certain permissions for others to use and share work. https://creativecommons.org/
- Open Access Overview. An overview on Open Access, “Focusing on open access to peer-reviewed research articles and their preprints” by Peter Suber. https://legacy.earlham.edu/~peters/fos/overview.htm
- Open Access Directory. A directory of lists of Open Access resources and information. http://oad.simmons.edu/oadwiki/Main_Page
- Copyright and Your Dissertation or Thesis: Ownership, Fair Use, and Your Rights and Responsibilities, Dr. Kenneth D. Crews, a Professor at Indiana University’s School of Law, provides a detailed overview of copyright law for students writing a thesis or dissertation (that will be submitted to ProQuest). https://media2.proquest.com/documents/copyright_dissthesis_ownership.pdf