Appendix A. Basic Copyright Law – 17 U.S. Code 102
- Copyright protects an “original” work of authorship which owes originality to the author and that is “fixed” in tangible medium of expression. Copyright protection begins immediately.
- Copyright protects the author’s right to obtain commercial benefit from a valuable work and protects the author’s general right to control how a work is used.
- Title 17 U.S. Code 102 states that the copyright covers the following materials:
- Literary works
- Musical works
- Dramatic works, including music
- Motion pictures and audiovisual works
- Pictorial, graphic, and sculptural works
- Sound recordings
- Architectural works, pantomimes and choreographic works
• However, the following are not protected by copyright
- Procedures, Processes, Systems, Method of Operation
- Concepts or Principles
- Works that lack originality
- Works in the Public Domain (copyright free) (17 U.S. Code 105)
- Works of the U.S. Government and some state governments
- Materials for which the copyright has expired (usually at least 70 years)
- Five exclusive rights reserved for the author (17 U.S. Code 106)
- Reproduction – copy, duplicate, transcribe
- Derivatives – make modifications to create a new work
- Distribution – sale, lease, lend, rent
- Public performance – plays, recitations, motion pictures,
- Public display
- 17 U.S. Code 106 – 110 define specific exemptions to the author’s exclusive rights
Fair use is the broadest, most commonly used exemption outlined in Copyright Law. It is available to all faculty, students, and staff for education, scholarship, and research use.
- Fair Use General Principles
- The concept of fair use allows the use of copyrighted materials, such as text, graphics, illustrations, photos, and videos in face-to-face teaching, materials assigned to students for directed self-study or review, and sharing of materials for research and scholarship.
- Lack of copyright notice does not mean that the materials are NOT copyrighted! Almost everything is copyrighted with the exception of public domain, government works, materials at least 70 years old, and materials made available free of restriction by the originator or copyright owner.
- Fair use does not preempt license agreements. This is especially important for CD-ROMs, Websites, electronic Library materials, and image collections that are licensed.
- Fair Use Factors
Each fair use question must be considered in context with consideration given to all four key factors. The relative importance of the factors varies with the circumstances, but all are important. The four factors are:
- Purpose and character of use (must be for nonprofit educational, scholarship, or research use);
- Nature of copyrighted work (factual works are more likely to be considered fair use than creative works);
- Amount and substantiality of portion used in relation to whole (only small portions may be used which do not represent the core of the work);
- Effect on potential market for or value of the copyrighted work (ask: if use was widespread, would copyright owner lose money?).
- Limitations on Fair Use
Fair use is more likely if following principles are observed:
- Restrict to nonprofit educational and research use, peer conferences, and student presentations;
- Restrict access to enrolled students only;
- Limit the portion of copyrighted materials used (one article from a journal, a chapter of a book, a small portion of the images in a text, etc.);
- Limit the time period of use (a semester or a year – the length of the course);
- Include a notice such as “This CD-ROM may include copyrighted materials provided for the personal educational use of enrolled students and may not be further redistributed”;
- Attribute the work to the copyright holder for every copyrighted item used (copyright notice: copyright symbol ©, year of publication, name of copyright holder) whenever possible;
- Prohibit copying of software, except for shareware, freeware and public domain software;
- Limit copying of articles or chapters for research or scholarship to those made at the discretion of the individual rather than systematically providing copies as a means for avoiding purchase of multiple copies of a journal or book.
Teaching Exemption – 17 U.S.Code 110(1)
The Teaching Exemption permits performance or display of any copyrighted work in face-to-face teaching activities in a classroom or similar placed devoted to instruction. The performance or display must be from a legal copy of the work. Additionally,
- A teacher may make one copy of copyrighted materials for preparation for class.
- Multiple copies (not to exceed more than one copy per student in the course) may be made for classroom use or discussion, providing:
- Copying is at the instance and inspiration of the individual teacher;
- Copying is not used to create an anthology or to act as a replacement for a textbook;
- Copying is not of “consumables” such as workbooks, exercises, and tests
- No charge to students beyond actual cost of reproduction;
- Copying of the same item is not repeated by the same teacher from term to term;
- Appropriate citation and attribution to source given;
- Each copy of copyrighted materials has a notice of copyright.
Library Exemptions (17 U.S. Code 108)
The UAMS Library monitors and complies with the use of library exemptions:
- Copies for patrons
- Interlibrary loans
- Right of First Sale
A proposal for fair use guidelines for digital images
Guidelines for Classroom Copying of Books and Periodicals http://www.utsystem.edu/ogc/intellectual propery/clasguid.htm.
In order to take advantage of fair use and other exemptions, UAMS strives to meet the requirements and responsibilities as outlined in the copyright law, the Digital Millennium Copyright Act (DMCA), and the Teaching and Education Copyright Harmonization Act (TEACH Act).
- UAMS provides information on copyright to faculty, students, and support staff through the Guidelines for UAMS Faculty, Students, and Staff Using Copyrighted Materials. For more extensive review of copyright issues than covered by this document, UAMS personnel are directed from the UAMS copyright website to the University of Texas System Copyright Crash Course or other selected copyright sites.
- UAMS information resources on the use of copyrighted materials including :
- Copyright Law (Appendix A and weblink);
- Fair use (Appendix B and weblink);
- Teaching and distance education exemptions (Appendix C and weblink);
- Library exemptions (Appendix C and weblink).
- Educational Fair Use Guidelines for Digital Images (Appendix D and weblink);
- Penalties for the individual for copyright infringement;
- Copyright information is made available by the following means:
- Faculty and student handbooks;
- Presentations and workshops;
- Inclusion of copyright information in course materials;
- A UAMS copyright website maintained by the Library;
- Assistance from Library; more in-depth assistance available from Harold Evans of the law firm of Williams & Anderson who has been retained by UAMS to advise on copyright issues (Appendix F and weblink).
- UAMS information resources on the use of copyrighted materials including :
- UAMS complies with the Digital Millennium Copyright Act (DMCA)
- Designate an agent for compliance with the DMCA;
- Maintain current institutional copyright policies and procedures;
- Observe anti-circumvention requirements;
- Provide notice of a termination policy for repeat offenders.
- UAMS provides copyright management tools and procedures
- Provide modifiable permission forms on Library copyright website;
- Maintain an account with the Copyright Clearance Center and other clearinghouses to obtain copyright permissions;
- Utilize E-Reserves copyright management module;
- Retain permissions documentation within the college or department.
- UAMS licenses software to maximize use by UAMS faculty, students, and staff
- Informational and educational resources licensed by the Library;
- Information Technology and campus-wide software;
- Proxy access authenticated to limit access to UAMS personnel only.
- UAMS maintains secure electronic networks (password or PIN) to limit course materials to enrolled students only and display copyright notice
- Restricted access to WebCT;
- Restricted access to Library E-Reserves;
- Apply technological means to allow viewing of copyrighted materials without permitting downloading or printing restricted access.