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Copyright Basics

What is Copyright?

Copyright law is covered by Title 17, Section 107, U.S. Code and gives the copyright owner the exclusive right to distribute, alter, perform, or display the work. Anything that is tangible can be copyrighted. Works are protected automatically.

What does Copyright Protect?

Copyright gives the copyright owner the absolute rights to do and to authorize any of the following:

  • Make copies of the work.
  • Sell or otherwise distribute copies of the work.
  • Prepare new works based on the protected work.
  • Perform the protected work (such as stage play) in public.

What is Fair Use?

The U.S. Copyright Act gives the owners of a copyright the exclusive right to reproduce and distribute a work, with very few exceptions. The “fair use exception” is the most important exception to this exclusive right.

Section 107 sets out four factors in determining whether or not a particular use is fair:

  • Purpose and character of use
  • Nature of the copyrighted work
  • Amount, substantiality
  • Effect

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. (Obtained from Copyright Office)

Copyright & Fair Use Policy for Reserves

What Can Be Placed on Reserve without Obtaining Copyright Permission?

  • Exams
  • Books
  • Lecture Notes
  • Virtually all Government publications (there are exceptions)

What Copyrighted Materials (photocopied) may be put on Reserve?

  • A chapter from a book (never the entire book).
  • An article from a periodical or newspaper.
  • A short story, essay, or poem. One work is the norm.
  • A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

What Copyrighted Materials may not be put on reserve?

Pages from works intended to be “consumable” in course of study or teaching. These include workbooks, exercises, standardized tests, test booklets and answer sheets.

When is Copyright Permission needed?

  • When a journal article, book chapter, or a portion of a work is on reserve for consecutive semesters.
  • When multiple articles from one issue of a journal are needed for reserve during the same semester.
  • When multiple chapters from a book are needed during one semester.

More Information on Copyright

Last modified on: October 27, 2009, at 10:38 AM