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U.S. Copyright Act of 1976
Library of Congress, U.S. Copyright Office http://www.copyright.gov/title17/index.html
This federal law applies to everyone who uses
copyrighted works. Even though you might not
realize it, most works you use are copyrighted.
Authors don’t have to register for copyright
to have copyright protection.
Copyrighted works are original works of authorship,
no matter what the medium of expression.This
includes information you would find on the
Internet, as well as in "traditional" formats.
Copyright protection is granted for the life
of the author plus 70 years. For works copyrighted
before 1978, or works produced by a corporation,
the copyright protection is 95 years from the
original copyright date.
Digital Millennium Copyright Act of 1998
This law was passed to further address issues of
copyright in regard to electronic works. Library of
Congress, U.S. Copyright Office http://www.copyright.gov/legislation/dmca.pdf
(Adobe
Reader Required)
Technology, Education and Copyright Harmonization
Act (TEACH Act) of 2002
This newest copyright law is for distance education.
Links to the act and explanatory information can be
found on the Stanford University Copyright and Fair
Use website at http://fairuse.stanford.edu/primary_materials/legislation/teach.html
International Treaties and Conventions
Copyright protection is not unique to the United States.
Many international treaties and conventions protect
copyright around the world. An example of this is the
Berne Convention for the Protection of Literary and
Artistic Works http://www.law.cornell.edu/treaties/berne/overview.html
As defined by the United States, copyrighted works
include:
Literary works (including computer programs)
Musical works, including words
Dramatic works, including accompanying music
Pantomimes and choreographic works
Pictorial, graphic and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works
Compilations and derivative works (including
electronic databases)
These works can also be covered by copyright:
Unpublished works, i.e., diaries, letters,
term papers
State government documents
Foreign works meeting certain sections of
the copyright law
International copyright law spelled out in
Berne Convention and Universal Copyright Convention
Excluded from copyright:
Fraudulent works
U.S. Government documents
This is changing; some researchers can claim
copyright on their research even though it’s
published in a government publication
If you own a copyright you get the rights of:
Reproduction
Distribution
Adaptation
Performance
Display
Fair Use of Copyrighted Works:
Allows restricted use of copyrighted works to
aid the learning process
Criticism
News Reporting
Scholarship
Research
Test of Fair Use for Possible Copyright Infringement:
What is the purpose and character of the
use? Commercial or nonprofit educational?
What is the nature of the copyrighted work?
What is the amount and substantiality of
the portion used in relation to the whole copyrighted
work?
What is the effect of use upon potential market/profit
of the work?
Use the Checklist
for Fair Use provided by the Copyright Management
Center to guide you through issues of fair use.
Still Confused? Here are some web sites that might
help:
Copyright
and Fair Use at Stanford University
http://fairuse.stanford.edu
This site is considered an authority on copyright and
fair use due to the extensive links to statutory laws,
national and international standards, policies and guidelines.
Copyright
Bay at the New Mexico Junior College Library
http://www.stfrancis.edu/cid/copyrightbay/
This entertaining site provides lots of information
regarding copyright, including tutorials for self-education.
Copyright
Crash Course at the University of Texas
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
On this site choose a material (images, songs, etc.)
and follow the tutorial to find out how copyright applies.
Copyright
Website
http://www.benedict.com
This site is primarily concerned with copyright of materials
in audio, visual, computer and digital formats. On other
pages on this site are examples of notorious copyright
infringements.
Copyright
With Cyberbee
http://www.cyberbee.com/cb_copyright.swf
This site provides answers to copyright questions in
a unique way, providing basic answers using cartoons.
Avoiding Plagiarism
Guide
Use of copyrighted works without giving attribution
to their creator may result in litigation. For more
information about what constitutes plagiarism, visit
this page on our website.
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