1. Copyright & the Internet
Elaine Fetyko Page
Elmhurst College Library
January 2006

2. What is copyright? From the Oxford English Dictionary:
“The exclusive right given by law for a certain term of years to an author, composer, designer, etc. (or his assignee), to print, publish, and sell copies of his original work.”

3. What does copyright protect?
Copyright protects “original works of authorship,” whether published or unpublished (§ 102)
Literary works
Musical works
Dramatic works
Pantomimes & choreographic works
Pictorial, graphic & sculptural works
Motion pictures & audiovisual works
Sound recordings
Architectural works

4. What does copyright protect?
Copyright owners have the exclusive right to (§ 106)
Reproduce the work
Distribute copies
Prepare derivative works
Perform the work publicly
Display the work publicly

5. What isn’t protected by copyright?
Works that have not been fixed in a tangible form
Titles, names, short phrases, slogans, familiar symbols, lettering, etc.
Ideas, methods, processes, concepts, principles
Works consisting entirely of common knowledge
U.S. government works
Works on which the copyright has expired – in the public domain

6. How long does copyright last?
When works pass into the public domain

7. Limitations on copyright
First sale doctrine (§ 109)
Allows for disposal of a lawfully acquired copy without asking for permission
No additional royalties go to copyright holder
Libraries can circulate materials to patrons

8. Limitations on copyright
Fair Use (§ 107)
Allows for use for the purposes of teaching, scholarship, researching, news reporting, criticism without having to ask for permission
Applies primarily to individual users

9. Fair Use Factors to be considered Purpose and character of the use
Nature of the copyrighted work
Amount to be used in relation to the work as a whole
Effect of the use on market value of the work

10. What is copyright infringement?
Using someone else’s work without permission
Examples:
Quoting extensively from a work
Using photos from a book, website, etc. in a published work
Distributing multiple copies of a work

11. What about the Internet?
Myths about online copyright infringement
There wasn’t a copyright notice
Everything online is in the public domain
I’m not making any money off what I’m taking
I’ve given credit to the creator
Biehl, Kathy. “Bloggers beware: debunking eight copyright myths of the online world.” 16 Dec Viewed 10 Jan

12. More myths I included the creator’s copyright notice
I’ll take it down as soon as someone complains
I can’t find the copyright holder
I asked for permission and never heard anything

13. Avoiding copyright problems
Use website resources labeled “open” or freely available
Search for information about a website’s copyright policy
Ask for permission
If in doubt, don’t use the material in your presentation, blog, website