Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products not consider in the public domain.
Federal copyright laws prevent, in most cases, copying such material for more than personal use (a page or chapter from a book, an article from a magazine or periodical, etc). Computer software is also protected by copyright laws and licensing agreements. Violations of laws and policies include the making or use of unauthorized software by copying, sharing, lending, giving, and transferring and/or installing software that was not covered by licensing agreements held by the College. Software not purchased by the College is considered unauthorized for all campus computers owned by the College. Compliance with copyright laws is expected. Violations in cases regarding printed materials or computer software constitute grounds for disciplinary action by the College and/or prosecution by the software manufacturer and the College.
Publication is not essential for copyright protection, nor is the well known symbol of the encircled “c”. Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- Reproduce copies of the work.
- Prepare derivative works based on the copyrighted work.
- Distribute copies of the work by sale, rental, lease, or lending.
- Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).
- Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work — including the individual images of a film — or a pantomime).
The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to both “Fair Use” limitations, which apply to all media, and medium-specific limitations.
Copyright Infringement Policies
Compliance with copyright laws is expected of all members of the campus community. Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products not considered in the public domain. Violations may constitute grounds for disciplinary action by the College. Information is published on the college website that relates to the fair use of copyrighted materials.
For more information on copyright infringement, see http://respectcopyrights.org/highered.html.
The doctrine of fair use, embedded in section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors
- The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. This factor at first seems reassuring; but unfortunately for educators, several courts have held that absence of financial gain is insufficient for a finding of fair use.
- The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or newsmagazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom consumption is less likely to be a fair use than is the duplication of materials prepared for public consumption. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper.
- The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of 1) the proportion of the larger work that is copied and used, and 2) the significance of the copied portion.
- The effect of the use on the potential market of the copyrighted work. This factor is regarded… as the most critical one in determining fair use; and it serves as the basic principle from which the other three factors are derived and to which they are related. If the reproduction of a copyrighted work reduces the potential market and sales and, therefore, the potential profits of the copyright owner, that use is unlikely to be found a fair use.
|Public Domain for Published Works|
Time of publication
Public Domain status
|Before 1923||None||In public domain|
|Between 1923 and 1928||Published with a copyright notice||In public domain|
|Between 1978 and March 1, 1989||Published without a notice but with subsequent registration||10 years after the death of the author, or if work of corporate authorship, the shorter of 95 years from publication or 120 years from creation|
|Between 1923 and 1963||Published with notice and copyright was renewed||In public domain|
|Between 1923 and 1963||Published with notice and copyright was renewed||65 years after publication date|
|Between 1964 and March 1, 1989||Published with no notice||70 years after the death of author, or if work of corporate authorship, the shorter of 95 years of publication or 120 years from creation|
|After March 1, 1989||None||70 years after the death of author, or if work of corporate authorship, the shorter of 95 years of publication or 120 years from creation|
From Russell, Carrie. Complete Copyright: An Everyday Guide for Librarians. Chicago, American Library Association, 2004.
For more information on the US copyright laws and penalties for violations, see: http://www.copyright.gov/title17/.