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Intellectual Property, Copyright,
and
Fair Use Resources
The compilation of links on this page is for faculty and students who wish to find out how current copyright law effects their use of intellectual property. Under U.S. laws, faculty and students have rights to use intellectual property for educational (non-profit) activities called "fair use" rights. These rights are restricted rights, and so it is a very good idea to become familiar with both the fair use rights and the restrictions of copyright that still apply to educational activities. The copyright law pages provide the statute that describes fair use rights.University at Albany faculty members: if you would like to have a presentation regarding copyright or fair use in your class, please contact Lorre Smith 437-3946.
Other links below are included to answer questions and to provide further reading on both copyright and fair use. The page includes mostly U.S. law, but some international sites and resources can be found here.
Copyright Law
- Copyright Law of the United States of America
The Copyright Law of the United States of America is available at the Library of Congress website. The text is updated to 2002, to include the T.E.A.C.H. Act.
http//lcweb.loc.gov/copyright/title17The four fair use factors portion of the statute is included in the Consortium for Educational Technology for University Systems pages. These pages offer explanations for educators and are archived at the Center for Copyright Management, IUPUI.
http://www.copyright.iupui.edu/fairuse.htm- The TEACH Toolkit, produced by Peggy Hoon at North Carolina State University, offers explanations to educators regarding distance education and fair use.
- Copyright Term and Public Domain in the United States
- Unpublished Works; Works Published in the US; Works Published Outside the US [chart format]
http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm- Digital Millenium Copyright Act, 1998
The DMCA is located on this page of the U.S. Copyright Office website.
The DMCA file is in pdf format and will require the Adobe Acrobat viewer.
http://www.copyright.gov/legislation/dmca.pdf- United States Code. Title 17 - Copyrights
Cornell University Legal Information Institute provides a convenient index and search engine for Title 17 of the US Code.
http://www4.law.cornell.edu/uscode/17/- WIPO Copyright Treaty (WCT) (1996)
- The World Intellectual Property Organization Copyright Treaty, "International Protection of Copyright and Neighboring Rights"
http://www.wipo.int/treaties/en/ip/wct/Return to top menu
Getting Permission to Make Copies
- Copyright Clearance Center
- Also known as CCC, this organization offers permissions services and a variety of services for copyright owners.
http://www.copyright.com/- "Getting Permission"
- This guide, put together at the University of Texas, gives excellent practical advice concerning where to go to get permission to use works protected by copyright. http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm
- Columbia University Copyright Advisory Office - Model permissions letters
- These model permission letters are developed by the Center for Digital Research and Scholarship
http://www.copyright.columbia.edu/model-permissions-letters- The WATCH File
- The WATCH File is a database to be used for locating copyright holders. WATCH is run jointly by the Harry Ransom Center and Reading University Library.
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http://tyler.hrc.utexas.edu/
Keeping Your Copyright: for Authors
- SPARC Author Addendum
- The Scholarly Publishing and Academic Resources Coalition, SPARC, has provided an addendum that you can use to amend copyright agreements that your publishers may ask you to sign. This page explains the Author's Addendum and ways that you can use it.
http://www.arl.org/sparc/author/addendum.html
- Reserving Rights of Use in Works Submitted for Publication
- The Copyright Managment Center presents this page, composed by Center Director Kenneth Crews. The page includes several easy to grasp steps that authors can take to reserve rights. There's also a half-hour video that discusses several aspects of retaining rights.
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Organizations
American Library Association : Association for College and Research Libraries Copyright Committee Association for College and Research Libraries Copyright Committee Web Pages reflect the committee's charge: "To elicit the concerns of ACRL members on copyright and to gather information aboaut copyright issues that impinge upon academic libraries; to bring before the ACRL Board issues and problems that may require legal action or interpretation on the part of ACRL; to represent ACRL when necessary in forums about copyright; to work with and appoint liaisons to ACRL Government Relations Committee, ALA's Copyright Subcommittee [now Intellectual Property Subcommittee] and when appropriate, other library or education copyright organizations."
http://www.ala.org/ala/mgrps/divs/acrl/about/committees/copyright/copyrightcommittee.cfmAmerican Library Association; Washington Office; Office of Information Technology Policy A.L.A. Washington Office provides the District Dispatch blog as a news service. Click on the "Copyright" subject term for the posts/archives on copyright issues. The Office also organizes the Copyright Advisory Network [description below]. District Dispatch: http://www.wo.ala.org/districtdispatch/
Association of Research Libraries ARL provides overview information concerning many areas of copyright as it affects higher education and scholarly communication.
- Orphan Works
- Fair Use Legislation
- Section 108 Study Group
- Major Copyright Statutes
- Additional Resources
Center for Intellectual Property, University of Maryland
- "The Center for Intellectual Property provides education, research, and resources for the higher education community on copyright, academic integrity, and the emerging digital environment."
http://www.umuc.edu/distance/odell/cip/cip.shtml
Conference on Fair Use (CONFU)
- The Conference on Fair Use final report and discussion of guidelines are available on this page, created by the University of Texas Office of General Counsel.
http://www.utsystem.edu/ogc/intellectualproperty/confu2.htm
Consortium for Educational Technology for University Systems (C.E.T.U.S.) Their pages provide a very full discussion for faculty and students who want to know how to tell if their use is fair use. These pages contain the four fair use factors. An index to the full discussion is on this page of the Center for Copyright Management site:
http://www.copyright.iupui.edu/cetus.htm
Copyright Advisory Network Organized by the American Library Association Washington Office, the Copyright Advisory Network provides discussion and advice regarding copyright issues through a group of knowledgable Copyright Scholars.
http://librarycopyright.net/wordpress/
Copyright Clearance Center Also known as CCC, this organization offers permissions services and a variety of services for copyright owners.
http://www.copyright.com/
Copyright Managment Center Indiana University-Purdue University -Indianapolis (directed by Prof. Kenneth Crews) produces a site including a great deal of news about emerging issues and legislation as well as links to further copyright resources.
http://copyright.iupui.edu/Note: This Center will be dismantling these pages. See the details on the site.
Digital Futures Coalition "The 42 member Digital Future Coalition (DFC) is committed to preserving the time- tested balance between the rights of owners of intellectual property and the traditional use privileges of the public. Created in 1995, the DFC is a unique collaboration of many of the nation's leading non-profit educational, scholarly, library and consumer groups, together with major commercial trade associations representing leaders in the consumer electronics, telecommunications, computer and network access industries. Thus, the DFC membership represents both the owners and users of intellectual property."
http://www.dfc.org/index.html
United States Copyright Office "Here you will find all our key publications, including informational circulars; application forms for copyright registration; links to the copyright law and to the home pages of other copyright-related organizations; news of what the Office is doing, including Congressional testimony and press releases; our latest regulations; a link to our online copyright records cataloged since 1978; and much more."
http://lcweb.loc.gov/copyright/
University Microforms International Dissertation Services These pages provide information on obtaining copyright for a dissertation and also on using copyrighted materials in dissertations.
http://www.umi.com/hp/Support/DServices/prepare/copyrigh.htm
World Intellectual Property Organization (WIPO) "The World Intellectual Property Organization (WIPO) is an intergovernmental organization with headquarters in Geneva, Switzerland. It is one of the 16 specialized agencies of the United Nations system of organizations. WIPO is responsible for the promotion of the protection of intellectual property throughout the world through cooperation among States, and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property."
http://www.wipo.int/portal/index.html.enThe site contains the text of the WIPO Treaty on Copyright.
http://www.wipo.int/treaties/en/ip/wct/
World Wide Web Sites Concerning Fair Use and Copyright
Copyright: an overview Produced at the Legal Information Institute of Cornell University and contains Federal material, international material and other references.
http://www4.law.cornell.edu/wex/index.php/Copyright
Copyright and Fair Use Produced at Standford University Libraries and contains primary materials, current legislation and cases, resources on the internet, overview of copyright law.
http://fairuse.stanford.edu/
The Copyright Page@intelproplaw.com Includes world wide copyright links.
http://www.intelproplaw.com/Copyright/index.shtml
Digital Millenium Copyright Act An Educause site including summaries and commentaries on the act.
http://connect.educause.edu/term_view/DMCA
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Electronic Lists, Discussions
digital - copyright. "DIGITAL-COPYRIGHT is a discussion group that provides a forum for the analysis of topics such as copyright law and policy, technologies, and federal information law and policies that impact higher education, particularly digital distance education."
Web page for digital-copyright details and subscription information: http://www.umuc.edu/distance/odell/cip/listserv.shtml#digital
Program on Information Justice and Intellectual Property at American University Washington College of Law: Copyright and Intellectual Property Forum. Sponsored by the Program on Information Justice and Intellectual Property at American University.
A moderated and archived list.
Address for subscription: LISTSERV@ROSTER.WCL.AMERICAN.EDU
Addresss for submission: PIJIP-COPYRIGHT@ROSTER.WCL.AMERICAN.EDU
Archives web page: http://roster.wcl.american.edu/archives/pijip-copyright.html
LIBLICENSE-L Mailing List. Sponsored by The Yale University Library, Commission on Preservation & Access, and the Council on Library Resources.
A moderated and archived list.
Address for subscription:
http://www.library.yale.edu/~llicense/mailing-list.shtml
Archives web page: http://www.library.yale.edu/~llicense/mailing-list.shtml/
U.S. Copyright Office. NewsNet A newsletter regarding copyright-related legislation and other activities, published by the U.S. Copyright Office.
For subscription information, visit the Copyright Office Website at http://www.loc.gov/copyright/newsnet//.
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Guides
AALL Guidelines on the Fair Use of Copyrighted Works by Law Libraries http://www.aallnet.org/about/policy_fair.asp
Center for Intellectual Property at the University of Maryland University College
http://www.umuc.edu/distance/odell/cip/cip.shtml
Code of Best Practices in Fair Use for Media-Literacy Education http://www.centerforsocialmedia.org/files/pdf/Media_literacy_txt.pdf
"This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use."
Crash Course on Copyright at the University of Texas: http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
This site includes:Fair Use of Copyrighted Materials :
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
A Guide to Copyright for Music Librarians by the Music Librarians Association
http://www.lib.jmu.edu/org/mla/
Library and Classroom Use of Copyrighted Videotapes and Computer Software, February 1986. http://www.ifla.org/documents/infopol/copyright/ala-1.txt
Regents Guide to Understanding Copyright and Educational Fair Use from the University System of Georgia
http://www.usg.edu/legal/copyright/
Digital Scholarship & Publishing Center from North Carolina State University
http://www.lib.ncsu.edu/dspc/main.html
Using Software A Guide to the Ethical and Legal Use of Software for Members of the Academic Community, January 1992. http://www.ifla.org/documents/infopol/copyright/educom.txt
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Selected Citations for Readings on Copyright
Books
Bonner, Kimberly M. The Center for Intellectual Property handbook New York : Neal-Schuman Publishers, c2006
Campus copyright rights and responsibilities : a basic guide to policy considerations. [United States] : Association of American Universities, [2005?]. Crews, Kenneth D. Copyright law for librarians and educators : creative strategies and practical solutions 2nd. ed., Chicago, IL : American Library Association, c2006.
Lipinski, Tomas A. The complete copyright liability handbook for librarians and educators New York : Neal-Schuman Publishers, c2006.
Government Publications
- U.S. Library of Congress. Copyright Office. Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, 1995.
University Libraries call number: J 85 LC 3.4/2:21/995- U.S. Library of Congress. Copyright Office. Circular 92: Copyright Law of the United States of America. 1996.
University Libraries call number: J 85 LC 3:4/2:92/996- U.S. Library of Congress. Copyright Office. [Forms] (Forms for registration of copyright with the Library of Congress Copyright Office.)
University Libraries call number: J 85 LC 3.14:Articles at World Wide Web Sites and in print
Buttler, D.K. "CONFU-sed: Security, safe harbors, and fair-use guidelines", Journal of the American Society for Information Science, 1999 , v. 50 no. 14 pp. 1308-1312.
"Complying with the Digital Millenium Copyright Act and Sonny Bono Copyright Term Extension Act", 1/28/99
http://www.utsystem.edu/ogc/intellectualproperty/dmcalib.htmConference on Fair Use. "Final report to the commissioner on the conclusion of the Conference on Fair Use." 1998.
http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf"CONFU: The Conference on Fair Use", 1999.
http://www.utsystem.edu/ogc/intellectualproperty/confu.htmField, Thomas G., Jr. "Copyright in Visual Arts." Concord, NH Franklin Pierce Law Center, 1998.
http://www.fplc.edu/tfield/CopyVis.htm"Final Report to the Commissioner on the Conclusion of the Conference on Fair Use " November, 1998.
http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdfIndiana University, Copyright Management Center. "Favorite Links of the CMC" [copyright resources]
http://www.copyright.iupui.edu/favelinks.htmTysver, Daniel A., "Fair Use in Copyright" from: Bitlaw: A Resource on Technology Law c1996-1999
http://www.bitlaw.com/copyright/fair_use.htmlUniversity of Texas, Copyright Management Center. "Copyright in the Library."
http://www.utsystem.edu/ogc/intellectualproperty/l-intro.htmU.S. Copyright Office, Reproduction of Copyrighted Works by Educators and Librarians, Circular 21 Dec. 27, 1995.
http://lcweb.loc.gov/copyright/circs/circ21.pdf
This report requires an Acrobat Reader, available on the Library of Congress site."Will We Need Fair Use in the 21st Century?", c1997.
http://www.utsystem.edu/ogc/intellectualproperty/fair_use.htm
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This page is maintained by Lorre Smith
Comments to mailto:LSmith@uamail.albany.edu
Lorre's blog - largely on copyright and not as selective as this page.
Update November 11, 2008