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
Send comments and questions to:
tmckimmi@lib.nmsu.edu