COPYRIGHT GUIDELINES

WHAT IS PROTECTED BY COPYRIGHT? Original works of authorship Original works of authorship Books Books Magazine & newspaper articles Magazine & newspaper articles Photographs & Images Photographs & Images Cartoons Cartoons Software Software Websites Websites Sound recordings Sound recordings Video recordings Video recordings

WHAT IS NOT PROTECTED BY COPYRIGHT? Works in the “public domain” Works in the “public domain” Published before 1923 Published before 1923 Federal government documents Federal government documents Works that do not include a copyright notice and were first published prior to Jan. 1, 1978 Works that do not include a copyright notice and were first published prior to Jan. 1, 1978

COPYRIGHT MYTHS An item needs the copyright symbol or notice to be copyrighted. An item needs the copyright symbol or notice to be copyrighted. If I don’t charge for it, it’s not infringement. If I don’t charge for it, it’s not infringement. It’s on the Web, so it must be in the public domain. It’s on the Web, so it must be in the public domain. It’s for education, so it’s fair use. It’s for education, so it’s fair use. I don’t need permission if I cite the work. I don’t need permission if I cite the work.

WHAT IS FAIR USE? Allows use for research, education, commentary, news, parody, reporting Allows use for research, education, commentary, news, parody, reporting Not all education use is “fair use” Not all education use is “fair use” Common examples: Common examples: Quoting from published material in books and articles Quoting from published material in books and articles Limited photocopying of printed works Limited photocopying of printed works Analogous uses of videotapes, software, databases, and other copyrighted material Analogous uses of videotapes, software, databases, and other copyrighted material

FAIR USE – FOUR FACTORS FAVORS FAIR USE Purpose : personal or educational Purpose : personal or educational Nature of the work: factual Nature of the work: factual Amount used : Small amount Amount used : Small amount Market effect : No effect on the market value Market effect : No effect on the market value Copyright holder will not lose money Copyright holder will not lose money DOES NOT FAVOR FAIR USE Purpose : commercial Nature of the work: fiction Amount used : Large amount or core idea Market effect : Negative effect on market value Copyright holder will lose money

PHOTOCOPYING – NEED PERMISSION Repetitive copying – use in multiple courses or successive years Repetitive copying – use in multiple courses or successive years If students are being charged for copies If students are being charged for copies Copying consumables – i.e. workbooks, exercises, tests Copying consumables – i.e. workbooks, exercises, tests Course packs – anthologies of materials whether student pays for them or not Course packs – anthologies of materials whether student pays for them or not

NON-PRINT – NEED PERMISSION Most Web sites and the content are copyrighted Most Web sites and the content are copyrighted Showing a videotape or DVD in a public area requires permission or a public performance license Showing a videotape or DVD in a public area requires permission or a public performance license Need permission to post content to LMS, intranet, distribute via Need permission to post content to LMS, intranet, distribute via

CONSEQUENCES OF COPYRIGHT INFRINGEMENT “Statutory damages” of $500 to $20,000 without proof of actual damages to the owner (or profit by the infringer) “Statutory damages” of $500 to $20,000 without proof of actual damages to the owner (or profit by the infringer) “Willful” violation can increase damages to $100,000 “Willful” violation can increase damages to $100,000 “Criminal penalties” - $250,000 and 5 years imprisonment “Criminal penalties” - $250,000 and 5 years imprisonment Penalties can be attached to institution, faculty, librarians, or staff members Penalties can be attached to institution, faculty, librarians, or staff members

HOW TO LEGALLY USE COPYRIGHTED WORKS Check the “terms & conditions” on Web sites Check the “terms & conditions” on Web sites Provide a link to Web sites instead of copying the content Provide a link to Web sites instead of copying the content Use the Cannell Library Use the Cannell Library Give citations to articles and where to locate rather than the article Give citations to articles and where to locate rather than the article Get permission Get permission