The objective of the Alverno College Library Copyright Policy and
Guidelines for Fair Use is to provide
the Alverno College teaching and learning community with access
to practical solutions and productive means for respecting and
using intellectual property rights.
The Library's policy also supports the principles in the
Use Policy and the Alverno Educator's Handbook.
Please note that this web page is intended for informational purposes
only and should not be considered legal advice.
General Copyright Information
Copyright Law of the United States of America
The first copyright law was enacted in 1790 to "to promote the progress of science and useful
arts, by securing for limited times to authors and inventors the exclusive
right to their respective writings and discoveries." A copyright is
a property right attached to an original work. Copyright exists for
three basic reasons:
- To reward authors for their original works.
- To encourage the availability of the works to the public.
- To facilitate access and use of copyright works by the public in certain instances.
Examples of Works Protected by Copyright:
- Literary works
- Dramatic works
- Choreographic works
- Sound recordings
- Musical works (including lyrics)
- Graphic, pictorial and sculptural works
- Web sites
- Computer software
- Architectural works
Copyright is a statuary privilege extended to creators of works that are fixed in a tangible
medium of expression. Thus, copyright protection for original works do not apply to:
- Discovery Methods of Operation
- Works of the U.S. Government
Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or phonorecords or by any other
means specified in that section, for purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright. In determining whether the
use made of a work in any particular case is a fair sue the factors to be
considered shall include-
- The purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the
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."
Consideration of all factors is required although all factors do not have to be in favor of a use to make
it a fair one. 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.
- Give credit:
Include appropriate citations and attributions to the source. Include
any copyright notice on the original.
If the copyrighted material is used repeatedly for the same course
or used once in multiple sections of a course, permission
should be obtained from the copyright owner.
The Digital Millennium Copyright Act (DMCA) was enacted by the U.S. Congress and signed into law by President Clinton
in October 1998. This legislation amended Title 17 of the U.S. Code to comply with terms of two World Intellectual
Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
The DMCA increased criminal penalties for circumventing anti-piracy technology.
It outlawed the manufacture, sale, and distribution of software or hardware to evade Data Rights Management (DRM)
The DMCA created a "safe harbor" for Internet service providers from liability for the actions of customers who are
guilty of copyright infringement. Online service providers are obligated to remove infringing content from their
servers and to implement a procedure for copyright owners to request the removal of material. Many online service
providers have a counter-claim process for Internet users to dispute the removal of "infringing" content.
The DMCA allows computer repair personnel to make temporary copies of software for the purpose of repairing computers
or computer programs. It permits software designers to reverse engineer software for the purpose of testing the
interoperability of computer programs.
Another exemption allows broadcasters to create ephemeral copies of audiovisual materials, especially for the purpose
of broadcasting radio programs without the necessity of changing discs or tapes.
The DMCA authorizes the U.S. Copyright Office to issue exemptions on a triennial basis.
The DMCA mandated the U.S. Copyright Office to undertake a study of how Copyright law effects Distance Education.
For a quick overview of the Digital Millennium Copyright Act consult the following article in Wikipedia:
Both the U.S. Copyright Office and the American Library Association offer detailed summaries of the Digital Millennium
For a discussion of issues arising from the DMCA such as Fair Use consult the Electronic Freedom Frontier's website:
The Electronic Freedom Frontier has published white papers on "Unintended Consequences: Ten Years under the DMCA" and
"Unintended Consequences: Seven Years under the DMCA":
For an example of how online service providers respond to claims of copyright infringement, consult Youtube's DMCA policy:
Copyright Permission Request Form
Each copy is required to contain notice of copyright. Each copy must have notice of
copyright holder. (copyright year, publisher). Three tests are required for each instance
of multiple copying:
--Poetry: If a poem is less than 250 words and is printed on
not more than two (2) pages, it may be copied in its entirety.
If the poem is longer than 250 words, only 250 words may be copied.
The law does allow an unfinished line to be included if the 250-word
limit should happen to fall in the middle of a line.
If a compete article, story, or essay is less than 2500 words, it
may be copied in its entirety. For other types of prose, such as plays,
novels or letters, a copy must not be more than 1000 words or 10%
of the whole, which ever is less. No matter how short the work, one
may copy an excerpt of 500 words. This means that if a work is only
1000 words in total, an instructor may copy 500 words even though
that amount exceeds the 10% guideline.
[Exception: Literature composed of text and significant illustrations,
generally known as picture books, is usually shorter than the 2500
word limit for complete copying. The law provides a prohibition against
copying works of this type in its entirety. Only two (2) pages of
a picture book may be copied as long as those two(2) pages do not
comprise more than 10% of the text of the book].
One chart, graph, drawing, cartoon diagram, or picture may be copied
per book or periodical issue. These copies must be photocopies or
other exact copies. Enlarging or modifying the illustration in any
way violates the author's right of adaptation and display.
--The individual instructor must initiate the making of multiple copies.
This excluded department heads or members of administration. The making
of multiple copies must be at the inspiration of the individual instructor.
The instructor may not use that same article, illustration or poem
in subsequent semesters or years without permission.
- Cumulative Effect
--Copyright guidelines want to assure that copying is not substituting
for purchase of books and periodicals. Copying must be done for only
Fair Use Rules of Thumb for Print Materials
An instructor may copy (or ask to have copied) for purposes of research, teaching, or
preparation for teaching:
- A single copy of a chapter from a book.
- A single copy of an article from a periodical or newspaper;
- A single copy of a short story, short essay, or short poem, even if it is contained in a collection;
- A single copy of a graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
- Copying shall not be used to create or to replace or substitute for anthologies, compilations,
or collective works. Such replacement or substitution may occur whether
copies of various works or excerpts therefrom are accumulated or reproduced
and used separately.
- There shall be no copying
from works intended to "consumable: in the course of study or of teaching.
These include workbooks, exercises, standardized tests, test booklets,
answer sheets, and similar consumable material.
- Copying shall not substitute
for the purchase of books, publishers' reprints, or periodicals; be
directed by higher authority; or be repeated with respect to the same
item by the same teacher from term to term without permission from
the copyright owner.
- Electronic reserve operations
include the making of a digital version of text, the distribution
and display of that version at workstations, and downloading and printing
- Reserve systems may include short items
Copying from works intended to be "consumable" (e.g. workbooks, exercises,
standardized tests, and test booklets) violates copyright law.
Photocopies or digitized copies must display a copyright notice and attribution
of source on the first page of the portion of the material photocopied or digitized.
If the intent is to use photocopies or electronic copies for more than one semester, instructors
are advised to request permission from the copyright holder.
Copyright permission for the majority of material may be obtained from the publisher or the
Copyright Clearance Center at http://www.copyright.com. Royalties are
- No more than one chapter from any given book.
- No more than one article from any given issue of a journal or newspaper.
- No more than one short story, short essay, or short poem from any given book.
- No more than one graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
Suggested alternatives to photocopying or digitizing material:
- Use of full-text articles available in databases that Alverno College subscribes to.
- Depending on our licensing agreements with individual vendors, it may be legal to add a persistent
URL for full-text articles to Electronic Reserves or to Course Web pages (Educator).
- When students are expected to read more than one chapter from a book, consider placing one or
more published copies of the actual textbook on Reserve.
- Individual issues of print journals that Alverno owns may be placed on Reserve.
Applying Fair Use in the Development of Electronic Reserves Systems
Contact Charles Elftmann x6193 with questions.
From Georgia Harper and the University of Texas System
Limit coursepack materials to:
- Single chapters
- Single articles from a journal issue
- Several charts, graphs or illustrations
- Other similarly small parts of a work
- Any copyright notice on the original
- Appropriate citations and attributions to the source
Obtain permission from the copyright
owner for material that will be used repeatedly by the same instructor for the same class.
From Cornell University
Texts no longer covered by copyright
and therefore in the public domain are freely permitted on course web pages.
Works published before 1923 can generally be assumed to be out of copyright.
An instructor may (copy or scan or ask to have copied or scanned) for the purposes of research, teaching,
or preparation for teaching:
- A single copy of one chapter from a book.
- However, copying or scanning cannot substitute for the purchase of books or be repeated with
respect to the same item by the same teacher from term to term.
The text, images, etc., on a course webpage should never be extensive enough
to substitute for the purchase of textbooks or course packets.
All posted materials covered by copyright must include complete citations to original works and clear
The documents section of the webpage should be restricted to the students
enrolled in the course, the professor, and necessary system administrators.
If you are going to use the same
copyrighted material repeatedly on a course webpage, get permission and
pay a reasonable fee for it. To fall within the "safe harbor"
where permission of the copyright holder does not need to be obtained:
The number of copies cannot exceed the number of students in a course.
Only complete articles of less than 2,500 words in length or excerpts
consisting of not more than 10% of longer works may be included.
There must be sufficient time to request permission prior to using the
material in the course. This requirement precludes reuse (without permission)
of copyrighted materials in subsequent offerings of the course.
- Cumulative effect-
Not more than one (1) article may be copied from any single author nor
more than three (3) articles from a single volume. No more than nine (9)
articles may be used in any one course.
Posted materials must display appropriate copyright notices.
From the Music Library Association. Copyright © 2006. All rights reserved.
- The guidelines were developed
to apply only to off-air recording by non-profit educational institutions.
- A broadcast program may
be recorded off-air simultaneously with broadcast transmission (including
simultaneous cable retransmission) and retained by Alverno College
for a period not to exceed the first forty-five consecutive calendar
days after date of recording. At the conclusion of this retention
period, the recording must be destroyed or erased.
- Off-air recordings may
be used once by individual instructors in the course of relevant teaching
activities, and repeated once only when instructional reinforcement
is necessary, in classrooms and similar places devoted to instruction
within a single building on campus, as well as in the home of students
receiving formalized home instruction during the first consecutive
school days in the forty-five calendar day retention period. School
days are school session days only, with the forty-five calendar day
- Off-air recordings may
be made only at the request of and used by individual instructors,
and may not be recorded in anticipation of program requests. No broadcast
program may by recorded more than once at the request of the same
instructor, regardless of the number of times the program is broadcast.
- A limited number of copies
may be reproduced from each off-air recording to meet the legitimate
needs of instructor under these guidelines. Each additional copy will
be subject to all provisions governing the original recording.
- After the first ten consecutive
in-session school days, off-air recordings may be used up to the end
of the forty-five calendar day retention period only for instructor
evaluation (whether or not to include the broadcast program in the
teaching curriculum), and may not be used in Alverno College for student
exhibition or any other non-evaluation purpose without permission
- Off-air recordings need
not be used in their entirety, but the recorded programs may not be
altered from the original content. Off-air recordings may not be physically
or electronically combined or merged to constitute teaching anthologies
- All copies of off-air
recording must include the copyright notice on the broadcast program
- Alverno College is expected
to and will establish appropriate control procedures to maintain the
integrity of the guidelines.
- The guidelines apply to lawfully acquired copyrighted works not included under section 110(2),
whether dramatic or audiovisual, transmitted over a satellite, secure
computer network or by closed circuit.
- The transmission can be made to a classroom or similar place or to a site controlled
by Alverno College to officially enrolled students.
- Classes, as part of the college's systematic instruction, must be either
Copies of the transmission may be retained for 15 consecutive class days.
Permission is required for any commercial use and for any use of the resulting
tape beyond 15 days.
- Live, interactive distance learning classes; or
- Faculty instruction without students present for later transmission.
From Georgia Harper and the University of Texas System
The following guidelines state the minimum and not the maximum standards of educational fair use.
- Emergency copying to replace
purchased copies that for any reason are not available for an imminent
performance purchased replacement copies shall be substituted in due
- (a) For academic purposes
other than performance, multiple copies of excerpts of works may be
made, provided that the excerpts do not comprise a part of the whole
that would constitute a performable unit such as a section, movement
or aria, but in no case more the 10% of the whole work. The number
of copies shall not exceed one copy per student.
(b) For academic purposes other than performance, a single copy of
an entire performable unit (section, aria, movement, etc.) that is
confirmed by the copyright proprietor to be out of print, or unavailable
except in a larger work, may be made by or for a teacher solely for
the purpose of his or scholarly research or in preparation to teach
- Printed copies that have
been purchased may be edited or simplified provided that the fundamental
character of the work is not distorted or any lyrics altered or lyrics
added if none exist.
- A single copy of recordings
or performances by students may be made for evaluation or rehearsal
purposes and may be retained by Alverno College or the individual
- A single copy of a sound
recording (such as a tape, disc or cassette) of copyrighted music may be made
from sound recordings owned by Alverno College or an individual instructor
for the purpose of constructing aural exercises or examinations and
may be retained by Alverno College or the individual instructor.
- Copying to create or replace substitute or anthologies, compilations or collective works.
- Copying of or from works
intended to be "consumable" in the course of study or of teaching
such as workbooks, exercises, standardized tests and answer sheets
and like material.
- Copying for the purpose
of performance, except in "Permissible" (1).
- Copying for the purpose
of substituting for the purchase of music except as in "Permissible"
2(a) and 2(b).
- Copying without the inclusion
of the copyright notice that appears on the printed copy.
A format shall be considered
obsolete if the machine or device necessary to render perceptible a work
stored in that format is no longer reasonably available in the commercial
- Students have the exclusive
right to produce derivative works and to publish, perform and display
any that they have created. Alverno College must obtain student permission
before publishing the work on the Internet and give proper copyright
attribution to the student. Permission forms may be obtained for this
from the library.
- In the event that a student wishes to use another individual's work by publishing
it on the Internet, the student must obtain the owner's permission.
- If a student downloads a copyrighted piece of material from the Internet, the material
can be used within the classroom setting without violating copyright.
- Educators who use the Internet are subject to copyright laws
- as agents of Alverno College (for liability purposes) and
- as employees who create works made for hire.
- A website is a copyrightable form of expression. When employees (faculty
& staff) create websites as a condition of employment, the website
becomes the property of Alverno College.
- If a website created by an employee of Alverno College becomes an issue involving
legal action, the college may be liable for contributory infringement,
if it is found to have knowledge that material used to create the
website has violated copyright.
- Guidelines, which are subject to portion and time limitations, permit students to:
- Incorporate other's works into their multimedia creations and perform and display
them for academic assignments, as long as the portion and time limits are met;
- The guidelines
permit instructors to incorporate others' works into multimedia creations to:
- Create curricular materials
- Teach remote classes where the total number of students is limited;
- Demonstrate at peer conferences
Students and faculty may retain their multimedia creations for no more than
2 years after the creation of the work.
- Students and faculty may use not more than:
- For motion media, the lesser of 10% or 3 minutes
- For text, the lesser of 10% or 1000 words
- For photos and images, the lesser of 10% or 15 works from a collection, up to 5 works
from a single author;
- For databases information, the lesser of 10% of 2500 fields
- Performance rights are key to the permissions available for use.
Videos are sold with and without "non-theatrical-public-performance
rights." Section 110(1) of the copyright law allows showing videocassettes
labeled "for Home Use Only" in classrooms under the following conditions:
Legitimately-made copies may be shown only to teachers and students
in face-to-face instruction, in courses given for academic credit,
in classrooms or other location devoted to instruction (e.g. laboratories,
gymnasiums, libraries, etc.). Educators may claim fair use for their own
productions providing these productions are:
- For face-to-face curriculum-based instruction
- Demonstrations of how to create multimedia productions
- Presented at conferences but you may not share copies of the actual production)
- For remote instruction as long as the distribution signal is limited
- Kept for only 2 years
- Videotapes licensed for "home-use only" may be used in a classroom if:
- The tape is a legitimate copy
- The tape is played
in a location devoted to face-to-face instruction and relates
to a part of the course curriculum or teaching activity
- The tape is presented
by either the instructor or the students and viewing is limited
to instructors, students and guest instructors
- The tape is used for educational purposes and not for entertainment
- A format shall be considered
obsolete if the machine or device necessary to render perceptible
a work stored in that format is no longer manufactured or is no longer
reasonably available in the commercial marketplace.
When working with visual images produced by other people, it is imperative to be cognizant of copyright law. Artists,
from as far back as the Renaissance have used parts of other people’s work in their own work. The key word is “part”.
One artist may use a figure from another’s painting. Another may use imagery from popular culture or advertising.
An example is Andy Warhol’s use of Campbell’s soup cans. He was not the original designer of the soup can. Warhol
also made art based on photographs taken by others. Examples are the use of photographs of Jacqueline Kennedy,
Chairman Mao, and Marilyn Monroe. Many artists have used photography from mass media in their art work. Sometimes
they get sued for copyright infringement. Everyone holds copyright ownership of their images. If you take a
photograph, someone else cannot use it without your permission. As a student, knowledge of copyright law is important
so that you do not infringe on the rights of others.
It is considered ORIGINAL ART if you:
- Substantially change an image that is in the public domain (artist has been dead for 50 years) to make it your own.
An example is Robert Colescott deriving his composition and title from Emanuel Leutze’s George Washington Crossing
the Delaware. He painted the figures dark skinned and changed the name to George Washington Carver to make a statement
on race. His painting cannot be confused with Leutze’s. It is not an infringement since he is making a socio-political
commentary on the Leutze painting.
- Parody or offer social commentary on an existing artwork.
That is why there are so many artworks that include the image of the Mona Lisa. Marcel Duchamp’s painting a mustache on a
representation of the Mona Lisa makes it no longer THE Mona Lisa and changes the Leonardo Da Vinci painting’s meaning and
- Use appropriation or pastiche to make a unique art work.
Appropriation is using part of another person’s art in your work. Since the early 1900’s artists have been insisting that
other artists’ work is fair game as subject matter just as is an apple or pear in a still life. See Pablo Picasso’s series
of works based on Diego Velazquez’ Las Meninas painting. Sherrie Levine has based a large body of work on appropriation,
with a lot of attendant controversy. Appropriation of imagery calls into question rightful ownership of an image. It makes
a society bring up the discussion to decide where to draw the line on property rights. Pastiche is a collection and arrangement
of imagery derived from a variety of sources that are not the artist’s own.
- Do not take away the owner’s ability to earn income from the work in question.
For example, people will not stop going to the Louvre Museum in Paris to see the Mona Lisa because another artist parodied the painting.
Artists have been successfully sued for copyright infringement.
A lawsuit is costly to the artist. An example is the case made over Jeff Koons’ ceramic work made from an unacknowledged photograph titled
String of Puppies. Koons did not ask permission of the photographer to use the image. The court ruled that it was “not significantly different”
from the original photo to meet criteria #1 above. Koons was required to pay damages to the photographer
As a student, an instructor or gallery director may question the originality of your work as related to copyright. Many course assignments are intended
to make you think and to come up with your own ideas. By using images that you find that are made by others, you may not be meeting an instructor’s criteria
for originality. If this issue is in question, it should be discussed with the instructor. This issue comes up often in technological contexts. Students
often search the internet for images to combine to make a work they consider their own. The instructor may want the student to generate original work to
combine and experiment with compositions. For many students, searching the internet for readymade imagery has become an easy way out of difficult assignments.
The goal of an art education is to teach students basic skills that will be used lifelong. These skills cannot be learned if a student uses others’ imagery.
These skills cannot be learned if a student uses others’ imagery without significant creative purposes of parody, pastiche or socio-political commentary.
Artistic intent is crucially important when considering issues of appropriation of others’ images.
Coursework and Copyright
In some of your coursework, you may be asked to study or copy the style of a particular artist to learn from that exercise. For example, in A134 Two Dimensional Design,
you may examine a color reproduction to translate it into black and white. This is an extremely good learning exercise for measuring the picture plane to accurately draw
the image, figuring out what value a color is, and learning how to mimic the look of a surface with an art medium. This challenges the student to try techniques that are
unfamiliar and therefore to learn something new. Since the work is a learning exercise, if you chose to submit it to a gallery show, it would need to be titled
“Study After…Artist’s name here.”
- The use of digital images is permissible when:
- The image has been lawfully acquired;
- The image is not readily available in usable form for purchase or license
- Students and educators engaged in instructional activities can use such images
as long as:
- The image is displayed
for educational purposes, including peer conferences, term papers
or retention in personal portfolios for graduate work or employment;
- They include a copyright notice that credits the source
- Computer programs fall under the category of "literary works" and are protected by copyright
in the same manner. The author of copyrighted software retains exclusive
right to control the copying or distribution of the program.
- The Copyright
Software Rental Amendments Act provides an exemption for nonprofit
libraries provided that a warning of copyright is affixed to each
package. The notice reads:
"Under certain condition specified in law, nonprofit libraries are authorized
to lend, lease, or rent copies of computer programs on a nonprofit
basis and for nonprofit purposes. Any person who makes an unauthorized
copy or adaptation of the computer program, or redistributes the
loan copy, or publicly performs or displays the computer program,
except as permitted by Title 17 of the U.S. Code, may be liable
for copyright infringement. This institution reserves the right
to refuse to fulfill a loan request if, in its judgment, fulfillment
of the request would lead to violation of the copyright law."
- This notice must be durably attached to the package that is loaned.
***This exemption for lending software is for the library only. Alverno College academic
department, administrators, or computer or technology directors do not qualify for this exemption!
The educators of Alverno College must comply with the legal and ethical issues involved
in copyright laws and publisher license agreement and must accept
responsibility for enforcing and adhering to these laws and agreements.
Budget and time constraints do not justify illegal use of software.
May photocopies be placed on reserve and may students copy them?
Instructors may place photocopied articles on reserve for one semester only. After that, permission must be
sought from the copyright owner. Students may produce one copy to be
used for private study, scholarship, or research. If
electronic transmission of reserve material is used for purposes in excess
of what constitutes "fair use" that user may be liable for copyright infringement.
I want to make some slides of artistic works. Is this allowed?
A single slide or transparency may be made for the purposes of research or private study.
The guidelines permit instructors to incorporate others' works into multimedia creations to:
- Create curricular materials
- Teach remote classes where the total number of students is limited; And
- Demonstrate at peer conferences
- For photos and images, students
and faculty may use the lesser of 10% or 15 works from a collection, up
to 5 works from a single author
May I photocopy an article/book chapter I recently found for my students?
For the purposes of research,
teaching, or preparation for teaching, instructors may make a single copy of a chapter from a book
or a single copy of an article from a periodical or newspaper. Copying is limited to the number of students
in class; one copy per student.
The same instructor may not repeat copying with respect to the same item from term to term without permission from the copyright owner.
There shall be no copying from works intended to "consumables" in the course
of study or teaching. These include workbooks, exercises, standardized
tests, test booklets, answer sheets, and similar consumable material.
Can I record a TV program and show it to my students?
A broadcast program may be recorded off-air simultaneously with broadcast transmission.
Off-air recordings may be used
once by individual instructors in the course of relevant teaching activities,
and repeated once only when instructional reinforcement is necessary.
Off-air recordings may be made
only at the request of and used by individual instructors, and may not be
recorded in anticipation of program requests. No broadcast program may by
recorded more than once at the request of the same instructor, regardless
of the number of times the program is broadcast.
May I show rented videos/DVDs in class?
Videotapes licensed for "home-use only" can be used in a classroom if:
- The tape is a legitimate copy.
- The tape is played in a location
devoted to face-to-face instruction and relates to a part of the course
curriculum or teaching activity.
- The tape is presented by either the instructor or the students and viewing is limited to instructors,
students and guest instructors.
- The tape is used for educational purposes and not for entertainment.
These guidelines constitute "fair use."
I wish to remove objectionable or irrelevant scenes
from a movie I plan to show. May I edit the scenes out?
--Although you are not required to show the entire video, you may not
edit it. If you wish to skip scenes, you can fast forward past it.
Is it ok to make a backup copy of a videotape?
Back-up copies of videotapes may not be made unless you have purchased
archival rights from the copyright holder or received written permission
prior to making the copy.
I have an old record. May I copy it to cassette and use that instead?
You may transfer a recording to a usable format.
Are computer programs subject to copyright?
Computer programs fall under the category of "literary works" and are
protected by copyright in the same manner. The author of copyrighted software
retains exclusive right to control the copying or distribution of the program.
Copying of computer software is not an infringement if:
- The copy is created as an essential step in using the program, or;
- It is done for archival purposes only and the copy is destroyed if the software is no longer owned.
- The archival copy will not be used as long as the original copy is in working order.
I want to scan some diagrams and include them in my PowerPoint presentation. Is this permitted?
Material included in a PowerPoint presentation is stored in electronic form, and
as such is not covered by any licensing scheme.
How do I obtain permission to copy?
- Identify the copyright holder.
- Best to confirm by phone or email before seeking permission.
- Send written request for permission to use.
- Give yourself several weeks lead time.
- Decide if you can pay a licensing fee/royalty.
- If a license fee is too much or there is no response, be prepared to
use a limited amount that qualifies for fair use, or use alternative material.
For information and forms for permission, consult:
Copyright Clearance Center at http://www.copyright.com
What are the limits of fair use?
Copyright law provides several
instances in which reproduction of copyrighted items is permissible
(Section 107 of Title 17 of copyright law). These are considered "fair
use exemptions." In determining whether the use made of a work in any
particular case is a fair use, the factors to be considered shall include:
- The purpose and character of the use, including whether such use is of a commercial nature,
or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality
of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use
upon the potential market for or value of the copyrighted work.
Who is liable for copyright infringement? What are the penalties?
The penalty for copyright infringement is not a minor inconvenience.
Damages can be actual or statutory, depending on how the suit is filed
and whether the copyright to the infringed work was registered before
the infringement commenced. Statutory fines range from $750 to $30,000
per infringement, with each individual work constituting a separate act
of infringement. For complete information about potential penalties and
liabilities, see Chapter 5 of U.S. copyright law at www.loc.gov/copyright/title/chapter05.pdf
How can I tell if something is in public domain?
The public domain is a space where copyright protection does not apply.
When copyrights and patents expire, innovations and creative works fall
into the public domain. They may then be used by anyone without permission
and without the payment of a licensing fee.
Public domain refers to the
legal availability for public use, without charge of materials that are
not protected by copyright, either those documents that have never been
under copyright and those on which copyright has lapsed. Included in the
public domain are most government documents, other documents for which
there is a statement of public domain, and materials that were published
This chart is helpful:
Public Domain Reference Chart