Penn State University Libraries - Copyright

According to the U.S. Copyright Office,  this form of intellectual property law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.  Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”   A circular, available in both English  and Spanish, expands on the definition. In practical terms, copyright laws are designed to protect the original work of an author from unauthorized use. Many other countries have copyright protection laws, including the United Kingdom, China, France, etc. The University of Washington’s “Copyright Connection” is a useful website about many aspects of copyright, including international law. The World Intellectual Property Organization is a good source of definitions of copyright and intellectual property.

Click on the DIGITAL COPYRIGHT SLIDER (image right) to find out what is copyright protected and what is in the public domain. Credit: 2007 Michael Brewer& ALA Office for Information Technology Policy

The Fair-Use Statute, Section 107 includes four  factors for evaluation to determine if something falls under  an allowed “fair use.”   The statute is broad on purpose to allow for interpretation and flexibility:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes [“educational purposes” can sometimes, but not always,  be a strong factor that allows copying to qualify under fair use  guidelines]
2. The nature of the copyrighted work [a compilation of facts is more likely to constitute fair use, rather than a copyrighted song].
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole [the smaller the amount copied, the more likely that it will be allowed under fair use].
4. The effect of the use upon the potential market for or value of the copyrighted work [content considered to have low market value may be a better candidate for fair use].

And the section concludes: “The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

Try some of the Four Factors tests at these sites:

• Vassar:  http://copyright.vassar.edu/fairuse.html 
• University of California:  http://www.universityofcalifornia.edu/copyright/fairuse.html#2
• Stanford:  http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html
• University of Texas: http://copyright.lib.utexas.edu/copypol2.html#test
• University of Washington: http://depts.washington.edu/uwcopy/Copyright_Law/Fair_Use/Four.php 

• Cornell University publishes and updates “Copyright Term and the Public Domain in the United States:”
• Chart from Lolly Gasaway, University of North Carolina, “When U.S. Works Pass Into the Public Domain:”  
• Mary Minow, “Digitization Projects: Does Your Library Have the Rights and Permissions It Needs?”  

• Educause, Legal Sources of Online Content from Educause  
  
• Penn State Media Commons,  Free Media Library 

• Penn State Media Commons: Copyright Perspectives
  
• The Penn State Provost’s Office issued both student and faculty/staff  messages about copyright and legal use of media.
• Library Learning Services has a “Quick tips”  page with information,  including a downloadable brochure,  about copyright and how to avoid plagiarism,. 
• Quick Copyright Tips 
  
• Supporting Open Access Publishing
  
• Teaching and Learning with Technology’s resources on the Teach Act
  
• Penn State Copyright Clearance office
  
• Penn State Learning Design Community’s copyright  

• The Association of Research Libraries (ARL) Code of Best Practices in Fair Use for Academic and Research Libraries (2012)
  
• Copyright & Digitization [PDF] (Hirtle, Hudson & Kenyon, 2009)
• University of Texas’s Copyright Crash course
• Copyright Basics from the Copyright Clearance Center
• Crews, Kenneth.  2006. Copyright law for librarians and educators : creative strategies and practical solutions.  Chicago : American Library Association. University Libraries KF2995.C74 2006
• Digital Millennium Copyright Act. The text of the bills from the Library of Congress. 
  
• The U.S. Copyright Office provides the Executive Summary
  
• University of Washington’s Copyright Connection