Answering Copyright Questions at the Reference Desk: A Guide for Academic Librarians

Abstract

Copyright compliance is a major issue in higher education, and academic librarians are being approached more frequently by students and instructors with questions as to how copyrighted works can be legally used for teaching and research. This article provides a brief orientation to U.S. Copyright Law and introduces print and online resources librarians can refer patrons to in order to make informed decisions regarding the use of copyrighted works.

Keywords:

• copyright
• reference services
• classroom instruction
• online instruction

Notes

1. Literary works can be fact or fiction and presented in a print or electronic format. Examples include print copies of stories, poetry, and letters, as well as electronic documents created using computer programs, such as Microsoft Word or Excel.

2. According to Lipinski (2006), a musical work represents “the expression of music, such as the score of a symphony or the sheet music of a song” (p. xxx).

3. A work can be considered dramatic if it “carries a story line and is intended to be performed before an audience” (Stim, 2010, p. 249).

4. Works found in this category include “two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings” (U.S. Copyright Act, 17 U.S.C. § 101).

5. The U.S. Copyright Act, 17 U.S.C. § 101 defines motion pictures as “audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.”

6. Sound recordings are “works that result from the fixation of musical, spoken, or other sounds” (U.S. Copyright Act, 17 U.S.C. § 101).

7. According to the U.S. Copyright Act, 17 U.S.C. § 101, “an architectural work is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings.”

8. One's expression of an idea can be copyrighted, but no one can copyright an idea itself. For example, members of a poetry club decide to write poems about Pikes Peak. No one member can copyright this idea and prevent others from writing about the mountain; rather each person's poem gains copyright protection.

9. Procedures and processes, along with systems and methods of operation, are not protectable by copyright law but may be protectable under U.S. Patent Law.

10. Crews (2012) stated that “denying legal protection for facts … assures that everyone can build upon existing knowledge and share information” (p. 16).

11. To qualify as a “joint work,” the contributions from each author must “be merged into inseparable or interdependent parts” of the whole work (U.S. Copyright Act,17 U.S.C § 101).

12. Reproduction occurs when a copy of a work is made, be it in part or in total.

13. Derivative works are defined in the U.S. Copyright Act, 17 U.S.C. § 101 as works that are “based upon one or more preexisting works such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.”

14. Distribution involves sharing copies of the work, either for profit or not.

15. According to the U.S. Copyright Act, 17 U.S.C. § 101, “to perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.”

16. The U.S. Copyright Act, 17 U.S.C. § 101 states that a public display or performance occurs “at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.”

17. The display of a work is defined in the U.S. Copyright Act, 17 U.S.C. § 101 as showing copies “of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”

18. According to the U.S. Copyright Act, 17 U.S.C. § 101 a “digital transmission” is defined as “a transmission” of a work “in whole or in part in a digital or other nonanalog format.”

19. Most higher education institutions allow instructors to retain the copyright of the works they have created. However, if instructors have worked at an institution where their works are considered to be works made for hire, then they will need to obtain permission from that institution to use the works at another institution.

20. Some publishers require that authors transfer full rights in their works over to them as a condition of publication. In these instances, authors may not be able to make copies of their work and distribute them to their students. Before signing a publication agreement, authors should always carefully read it to ensure that they are retaining rights to use their works for noncommercial purposes, including teaching and making copies for classroom use.

21. There are many ways for instructors and students to lawfully obtain a copy of a work, including using a copy they own, one owned by the institution or its library, or one acquired through a legitimate borrowing service such as Interlibrary Loan.

22. According to Crews (2012), nondramatic musical works include the “simple, unadorned playing of instruments, singing of songs, or performances of the musical work through broadcast on radio or television” (p. 115).

23. Here, “reasonable and limited” does not preclude a user from using the entire work. The instructors should think carefully about exactly how much of the work they need to convey their point or adequately cover a particular subject, then use that amount.

24. Here, “any other work” can include dramatic musical works, dramatic literary works, and audiovisual works.

25. Between 1908 and 1978, copyright was granted in terms of 28 years from the date of publication, with the option to renew the term for an additional 28 years. If rightsholders failed to obtain a term renewal, their work passed into the public domain.

26. Leval (1990) defined transformative uses as those that “employ the quoted matter in a different manner or for a different purpose from the original” (p. 1111). He stated that examples of transformative uses can “include criticizing the quoted work, exposing the character of the original author, proving a fact, or summarizing an idea argued in the original in order to defend or rebut it. They also may include parody, symbolism, aesthetic declarations, and innumerable other uses” (Leval, 1990, p. 1111).

27. Beware of any copyright information that is based on common misconceptions about the law rather than the law itself. An example is the well-known “Agreement on Guidelines for Classroom Copying,” which was published in 1976. These guidelines try to place numerical limits on fair use, including using no more than 1,000 words or 10% of a work of prose, no more than 250 words from a poem, or one chart, graph, or diagram from a book or periodical. The fair use statute (U.S. Copyright Act 17 U.S.C. § 107) places no numerical limits on the amount of a work that can be used. These guidelines hold no force of law and abiding by them does not free the user from claims of infringement.

28. Kognito is owned and managed by Baruch College Alumni. According to its Web site (http://www.kognito.com/about), Kognito's online simulation programs “provide organizations with high quality and cost-effective solutions for training large or geographically dispersed audiences using engaging and effective learning tools.”

29. The Guide also provides information about the use of copyrighted works in the physical classroom.

30. Users should be aware that the items made available through Project Gutenberg's Self-Publishing Press (http://self.gutenberg.org/ebooks/view/terms-gutenberg.aspx) are protected by copyright.