Copyright Laws: a journey through the deep forest of change.

With your tour guide…Cub E. Rite

Barbara Curry

Master of Library Science Graduate Program

University of South Florida – April 2005

Why do I need to know about

Copyright? Copyright law can be a very confusing topic for

anyone, especially students in graduate programs. Faculty need to understand all the new additions and changes to help their students with research projects. They also need to know the basic rules of using and presenting lectures.

This short presentation will keep you out of the dark of the mysterious laws of copyright. So sit back, relax and let Cub E. Rite walk you through the dark mystery known as Copyright Laws.

What exactly is “Copyright”?

According to the U.S. Copyright Office, copyright is defined as “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression” (2005).

According to this definition, copyright seems simple.

Follow me and we shall see how simple it can be…Cub

What can I “legally” get away with?

Professors and instructors are special…to a degree. You as educators can share a copyrighted article with your students in the classroom by making multiple copies for student use only. (Charmasson 2004)

When making PowerPoint presentations for lectures, be sure to reference your sources. Even if it is from the back of a medicine bottle…reference it.

The Golden Rule: When in doubt, reference it…Cub.

Your Saving Grace: Fair Use Clause

According to the U.S. Copyright Office, in Copyright law, there is something called “fair use.” This little gift allows people who do not have permission to use an article, book, movie, etc. to use a portion of the work without permission from the publisher. Exactly what is considered “fair use” is not always clear and defined. However, there are four important issues to consider:

• Publishers look to see if you are creating something of your own or borrowing from an author.

• More leeway is given for nonfiction materials. • Quantity is important and the less you take, the better. You are

more likely working within “fair use” guidelines. A good round number of words to remember is seven. It’s not seen as the “heart” of the work.

• Will your usage of the information take away from the profits of the publisher and author? If so, don’t use it without permission.

You can use what you want, you just might have to work a little for it…Cub

What about pictures, graphics and clip art?

Yes!!! Pictures, graphics and clip art taken from the World Wide Web can be copyrighted. You have to ask the website owner or publisher for permission to use a picture or graphic in your PowerPoint slideshow or handout.

Of course you can use all the Office Word and

Publisher clipart that you want if you bought the Office program

for your home computer.

Since South University bought Office 2003, you can go crazy...Cub

The most common FAQs on Copyright

Do academic course packs require copyright permission?

Yes. Before 1991, it was believed that photocopying for academic course packs fell within the educational reproduction portion of fair use and was distributed without the permission of publishers or

authors. Today, course packs require copyright permission prior to production.

Do academic electronic course packs require copyright permission?

Yes. Many professors are under the impression that they do not need to obtain copyright permission for content posted online as an electronic course pack. Electronic course packs require permission from the publisher or author before students look at them.

Copyright Clearance Center, 2004

FAQ’s continued…

How can I get permission to use copyrighted materials?

Simple…if you want to use any material, either in print or electronic, you must acquire permission. To do this, either contact the publishers or authors. This information can be found in the front of any journal or magazine. You can also ask from a licensing representative such as our friends at the Copyright Clearance Center.

Have companies been sued because of copyright infringement and illegal use of content?

YES!! Cases with copyright issues are settled before you ever go before a judge but, the publishers often get paid undisclosed amounts by the copyright crook. It’s cheaper in the long run if you just paid the low copyright fee before you use your article.Copyright Clearance Center, 2004

FAQ’s continued…

What are the penalties of not getting permission to reuse copyrighted works?The best way to answer this question is to get the answer straight from the source…

“The Copyright Act provides for the copyright owner to recover damages for unauthorized use of the owner’s works. These damages may include the profits resulting from the infringement, or statutory damages ranging from $250 to $150,000 per willful infringement, as well as legal fees” (Copyright Clearance Center).

In plain English…DON’T DO IT!!!

How do publishers know of any copyright abuse?

Many publishers place tattle ads in their own journals that discuss the problem of copyright violation and offer cash payments for reporting illegal activity.

Extra Reading Material

In case you want further reading material dealing with copyright laws, please visit South University’s library for the following titles:

Harris, Robert A. The Plagiarism Handbook: Strategies for Preventing, Detecting, and Dealing with Plagiarism. Los Angeles, CA: Pyrczak Publishing. 2001.

Johnson, Donald F. Copyright Handbook. NY: R.R. Bowker Company. 1983.

Miller, Arthur R. Intellectual Property: Patents, Trademarks, and Copyright. St. Paul, MN: West Publishing Company. 1992.

Richards, Daniel T. Collection Development and Assessment in Health Sciences Libraries. Lanham, MD: Medical Library Association and The Scarecrow Press, Inc. 1997.

Conclusion

I hope this slideshow gave you a few hints to help you prepare for your future lectures and presentations.

Copyright laws are changing as technology grows and as educators it’s up to you to keep your students and yourself legal.

Happy writing!!! Barbara

If you ever need another tour,

please come back to see me…Cub. E. Rite.

Work Cited

Charmasson, Henri. Patents, Copyrights & Trademarks for Dummies. NJ: Wiley Publishing Co. 2004.

Copyright Clearance Center. Copyright Education. 2004. www.copyright.com.

Library of Congress. U.S. Copyright Office. 2005 http://www.copyright.gov/