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Rules, Rules, Rules: Copies and Copyright from a Librarian's Perspective
by Tim McKimmie




What is Copyright?
	- the right of a copyright owner to reproduce, distribute, 
		and display. subject to limitation, such as "fair use".
	- the owner may be an author, publisher, employer
	- lifetime plus 50 years
	- government documents are usually free of copyright
	- includes artwork and graphics as well as text


Fair Use: What can you copy?
	- the fair use doctrine allows for criticism, comment, news 
		reporting, teaching, scholarship, and research
	- factors to be considered:
		1. purpose of the use
		2. amount and substance of the work used
		3. effect of the use on the market for or value of the work

	- generally ok to make copies of articles for your personal use
	- do not photocopy large portions of books
	- do not photocopy multiple copies of articles for the organization
	- give credit (cite) where due




Copyright Infringement: What you should not do?
	- copying a "substantial" portion of the work
	- any commercial use
	- assume material is copyrighted unless you know otherwise




The Internet
   - even if it's posted to the internet, it still has copyright protection
   - today class assignments may sometimes be completed by 
	posting to the internet 
   - if using another's materials, graphics, etc. be sure to 
	reference where you got it
   - email is considered copyrighted.  Technically, you need permission to 
	forward an email message, though within a "group" this probably 
	isn't necessary.
   - the "unwritten rule" seems to be that the author of a post expects 
	that it will be read, printed, and perhaps forwarded.  Further 
	"publication", however, may require permission, and/or citation
   - material that you copy and put on the internet still must follow the 
	fair use guidelines above (brevity, purpose, etc.)


Classroom Use and Coursepacks: What are the instructors responsibilities?
   - ok to copy a single copy of an article, a book chapter, or a diagram
   - multiple copies (eg. for each student) are ok only if:
	- use is "spontaneous"and one could not have reasonably 
		gotten copyright permission in time to use for class
	- copying is for one course only 
	-as the cost and trouble of obtaining copyright permission decreases, 
		one can expect the margin for such exceptions to decrease
	- the Kinko's case showed that copyright permission is necessary 
		for coursepacks.  this is the instructors responsibility.  
		To make permission easier to obtain, organizations such as 
		the Copyright Clearance Center have been established 
		(see website address below)
	- For library reserve purposes, the availablity of 5 copies is 
		considered fair use


Citing and References
	- be sure to cite your reference sources, using quotation marks 
		when appropriate
	- if you cite a "large portion" of a work, a copyright fee may be 
		necessary.
	- the purpose of a citation is to make it easy for another person to 
		find your referenced material
	- remember, material from the internet may be gone tomorrow.  you 
		should print or download a copy for backup.  cite the author, 
		date, address (email, www, list, etc).  
		(see website address below)
	- although the internet makes it easy to cut and paste, the final 
		work should be your own.
	- Plagiarism: submitting exams, papers, or other materials as 
		one's own work when such work has been prepared by another 
		person. considered academic misconduct (see student handbook).


WWW addresses:


"Copyright and Fair Use" from Stanford University Libraries 
     http://fairuse.stanford.edu/

Copyright Clearance Center 
     http://www.copyright.com

Digital Future Coalition (concerned with access) 
     http://www.ari.net/dfc/

The U.S. Copyright Office 
     http://lcweb.loc.gov/copyright





What's coming?
   - battle over more restricted access to free information
   - publishers are now working on attaching an identifier to digital 
	materials as a first step to managing copyright on the internet

The Role of the Library
   - traditionally librarians want to maximize freedom of information 
	and minimize restrictions to access
   - currently challenged to help lead the transformation in managing 
	electronic information, copyright, and contract negotiation 
	for online materials


[Organ Mountains]
Send comments and questions to: tmckimmi@lib.nmsu.edu