Intellectual Property, Copyright,
and
Fair Use Resources
The compilation of links on this page is for faculty and students who wish to find out how current copyright law effects their use of intellectual property. Under U.S. laws, faculty and students have rights to use intellectual property for educational (non-profit) activities called "fair use" rights. These rights are restricted rights, and so it is a very good idea to become familiar with both the fair use rights and the restrictions of copyright that still apply to educational activities. The copyright law pages provide the statute that describes fair use rights.University at Albany faculty members: if you would like to have a presentation regarding copyright or fair use in your class, please contact Lorre Smith 437-3946.
Other links below are included to answer questions and to provide further reading on both copyright and fair use. The page includes mostly U.S. law, but some international sites and resources can be found here.
Copyright Law
- Copyright Law of the United States of America
The Copyright Law of the United States of America is available at the Library of Congress website. The text is updated to 2002, to include the T.E.A.C.H. Act.
http//lcweb.loc.gov/copyright/title17The four fair use factors portion of the statute is included in the Consortium for Educational Technology for University Systems pages. These pages offer explanations for educators and are archived at the Center for Copyright Management, IUPUI.
http://www.copyright.iupui.edu/fairuse.htm- The TEACH Toolkit, produced by Peggy Hoon at North Carolina State University, offers explanations to educators regarding distance education and fair use.
- Copyright Term and Public Domain in the United States
- Unpublished Works; Works Published in the US; Works Published Outside the US [chart format]
http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm- Digital Millenium Copyright Act, 1998
The DMCA is located on this page of the U.S. Copyright Office website.
The DMCA file is in pdf format and will require the Adobe Acrobat viewer.
http://www.copyright.gov/legislation/dmca.pdf- United States Code. Title 17 - Copyrights
Cornell University Legal Information Institute provides a convenient index and search engine for Title 17 of the US Code.
http://www4.law.cornell.edu/uscode/17/- WIPO Copyright Treaty (WCT) (1996)
- The World Intellectual Property Organization Copyright Treaty, "International Protection of Copyright and Neighboring Rights"
http://www.wipo.int/clea/docs/en/wo/wo033en.htmReturn to top menu
Getting Permission to Make Copies
- Copyright Clearance Center
- Also known as CCC, this organization offers permissions services and a variety of services for copyright owners.
http://www.copyright.com/- "Getting Permission"
- This guide, put together at the University of Texas, gives excellent practical advice concerning where to go to get permission to use works protected by copyright. http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm
- University Microforms International
- UMI is a publisher of dissertations, and their site provides a good deal of information for dissertation authors. They provide a sample permission letter for use of materials within a dissertation at this site.
http://www.umi.com/umi/dissertations/copyright/AppxA.html- The WATCH File
- The WATCH File is a database to be used for locating copyright holders. WATCH is run jointly by the Harry Ransom Center and Reading University Library.
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http://tyler.hrc.utexas.edu/
Keeping Your Copyright: for Authors
- SPARC Author Addendum
- The Scholarly Publishing and Academic Resources Coalition, SPARC, has provided an addendum that you can use to amend copyright agreements that your publishers may ask you to sign. This page explains the Author's Addendum and ways that you can use it.
http://www.arl.org/sparc/author/addendum.html
- Reserving Rights of Use in Works Submitted for Publication
- The Copyright Managment Center presents this page, composed by Center Director Kenneth Crews. The page includes several easy to grasp steps that authors can take to reserve rights. There's also a half-hour video that discusses several aspects of retaining rights.
http://www.copyright.iupui.edu/nego_doc.htmReturn to top menu
Organizations
American Library Association : Association for College and Research Libraries Copyright Committee Association for College and Research Libraries Copyright Committee Web Pages reflect the committee's charge: "To elicit the concerns of ACRL members on copyright and to gather information aboaut copyright issues that impinge upon academic libraries; to bring before the ACRL Board issues and problems that may require legal action or interpretation on the part of ACRL; to represent ACRL when necessary in forums about copyright; to work with and appoint liaisons to ACRL Government Relations Committee, ALA's Copyright Subcommittee [now Intellectual Property Subcommittee] and when appropriate, other library or education copyright organizations."
http://www.ala.org/ala/acrlbucket/copyrightcommitt/copyrightcommittee.htmAmerican Library Association A.L.A. Washington Office provides a great dealof information on intellectual property and copyright. The pages provide position statements and A.L.A. involvement in legislation as well as links to discussion of issues and policies.
http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htmAssociation of Research Libraries ARL provides overview information concerning many areas of copyright as it affects higher education and scholarly communication.
- Orphan Works
- Fair Use Legislation
- Section 108 Study Group
- Broadcast Flag
- Major Copyright Statutes
- Additional Resources
Conference on Fair Use (CONFU)
- The Conference on Fair Use final report and discussion of guidelines are available on this page, created by the University of Texas Office of General Counsel.
http://www.utsystem.edu/ogc/intellectualproperty/confu2.htm
- Consortium for Educational Technology for University Systems (C.E.T.U.S.)
- Their pages provide a very full discussion for faculty and students who want to know how to tell if their use is fair use. These pages contain the four fair use factors.
An index to the full discussion is on this page of the Center for Copyright Management site:
http://www.copyright.iupui.edu/cetus.htm
- Copyright Clearance Center
- Also known as CCC, this organization offers permissions services and a variety of services for copyright owners.
http://www.copyright.com/
- Copyright Managment Center Indiana University-Purdue University -Indianapolis
- (directed by Prof. Kenneth Crews) produces a site including a great deal of news about emerging issues and legislation as well as links to further copyright resources.
http://copyright.iupui.edu/
- Digital Futures Coalition
- "The 42 member Digital Future Coalition (DFC) is committed to preserving the time- tested balance between the rights of owners of intellectual property and the traditional use privileges of the public. Created in 1995, the DFC is a unique collaboration of many of the nation's leading non-profit educational, scholarly, library and consumer groups, together with major commercial trade associations representing leaders in the consumer electronics, telecommunications, computer and network access industries. Thus, the DFC membership represents both the owners and users of intellectual property."
http://www.dfc.org/index.html
- United States Copyright Office
- "Here you will find all our key publications, including informational circulars; application forms for copyright registration; links to the copyright law and to the home pages of other copyright-related organizations; news of what the Office is doing, including Congressional testimony and press releases; our latest regulations; a link to our online copyright records cataloged since 1978; and much more."
http://lcweb.loc.gov/copyright/
- University Microforms International Dissertation Services
- These pages provide information on obtaining copyright for a dissertation and also on using copyrighted materials in dissertations.
http://www.umi.com/hp/Support/DServices/prepare/copyrigh.htm
- World Intellectual Property Organization (WIPO)
- "The World Intellectual Property Organization (WIPO) is an intergovernmental organization with headquarters in Geneva, Switzerland. It is one of the 16 specialized agencies of the United Nations system of organizations. WIPO is responsible for the promotion of the protection of intellectual property throughout the world through cooperation among States, and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property."
http://www.wipo.int/index.html.enThe site contains the text of the WIPO Treaty on Copyright.
http://www.wipo.int/clea/docs/en/wo/wo033en.htm
World Wide Web Sites Concerning Fair Use and Copyright
- Copyright: an overview
- Produced at the Legal Information Institute of Cornell University and contains Federal material, international material and other references.
http://www4.law.cornell.edu/wex/index.php/Copyright
- Copyright and Fair Use
- Produced at Standford University Libraries and contains primary materials, current legislation and cases, resources on the internet, overview of copyright law.
http://fairuse.stanford.edu/
- Copyright: Introduction to Fair Use
- Produced at the University of Michigan Libraries and contains an introduction, news, statutes and legal information, guidelines, FAQ's and resources.
http://www.lib.umich.edu/taubman/copyright.html
- The Copyright Page@intelproplaw.com
- Includes world wide copyright links.
http://www.intelproplaw.com/Copyright/index.shtml- Digital Millenium Copyright Act
- An Educause site including summaries and commentaries on the act.
http://www.educause.edu/issues/dmca.html
- Intellectual Property Rights Help Desk
- "A free informative service about intellectual property (copyright, patents, trademarks, etc.) in Europe." Site information is available in English, French and German. Copyright officials, copyright law and other intellectual property information for several European countries, with more being added.
http://www.cordis.lu/ipr-helpdesk/
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Electronic Lists, Discussions
- Program on Information Justice and Intellectual Property at American University Washington College of Law: Copyright and Intellectual Property Forum.
- Sponsored by the Program on Information Justice and Intellectual Property at American University.
A moderated and archived list.
Address for subscription: LISTSERV@ROSTER.WCL.AMERICAN.EDU
Addresss for submission: PIJIP-COPYRIGHT@ROSTER.WCL.AMERICAN.EDU
Archives web page: http://roster.wcl.american.edu/archives/pijip-copyright.html
- LIBLICENSE-L Mailing List.
- Sponsored by The Yale University Library, Commission on Preservation & Access, and the Council on Library Resources.
A moderated and archived list.
Address for subscription:
http://www.library.yale.edu/~llicense/mailing-list.shtml
Archives web page: http://www.library.yale.edu/~llicense/mailing-list.shtml/
- U.S. Copyright Office. NewsNet
- A newsletter regarding copyright-related legislation and other activities, published by the U.S. Copyright Office.
For subscription information, visit the Copyright Office Website at http://www.loc.gov/copyright/newsnet//.
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Guides
- AALL Guidelines on the Fair Use of Copyrighted Works by Law Libraries
- http://www.aallnet.org/about/policy_fair.asp
- Center for Intellectual Property
- at the University of Maryland University College
http://www.umuc.edu/distance/odell/cip/cip.shtml
- Crash Course on Copyright at the University of Texas:
- http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
This site includes:Fair Use of Copyrighted Materials :
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
- A Guide to Copyright for Music Librarians
- by the Music Librarians Association
http://www.lib.jmu.edu/org/mla/
- Library and Classroom Use of Copyrighted Videotapes and Computer Software, February 1986.
- http://www.ifla.org/documents/infopol/copyright/ala-1.txt
- Regents Guide to Understanding Copyright and Educational Fair Use
- from the University System of Georgia
http://www.usg.edu/admin/legal/copyright/
- Scholarly Communication Center
- from North Carolina State University
http://www.lib.ncsu.edu/scc/main.html
- Using Software A Guide to the Ethical and Legal Use of Software for Members of the Academic Community, January 1992.
- http://www.ifla.org/documents/infopol/copyright/educom.txt
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Selected Citations for Readings on Copyright
Books
Bonner, Kimberly M. The Center for Intellectual Property handbook New York : Neal-Schuman Publishers, c2006
- Campus copyright rights and responsibilities : a basic guide to policy considerations. [United States] : Association of American Universities, [2005?].
Crews, Kenneth D. Copyright law for librarians and educators : creative strategies and practical solutions 2nd. ed., Chicago, IL : American Library Association, c2006.
Lipinski, Tomas A. The complete copyright liability handbook for librarians and educators New York : Neal-Schuman Publishers, c2006.
Government Publications
- U.S. Library of Congress. Copyright Office. Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, 1995.
University Libraries call number: J 85 LC 3.4/2:21/995- U.S. Library of Congress. Copyright Office. Circular 92: Copyright Law of the United States of America. 1996.
University Libraries call number: J 85 LC 3:4/2:92/996- U.S. Library of Congress. Copyright Office. [Forms] (Forms for registration of copyright with the Library of Congress Copyright Office.)
University Libraries call number: J 85 LC 3.14:Articles at World Wide Web Sites and in print
Buttler, D.K. "CONFU-sed: Security, safe harbors, and fair-use guidelines", Journal of the American Society for Information Science, 1999 , v. 50 no. 14 pp. 1308-1312.
"Complying with the Digital Millenium Copyright Act and Sonny Bono Copyright Term Extension Act", 1/28/99
http://www.utsystem.edu/ogc/intellectualproperty/dmcalib.htmConference on Fair Use. "Final report to the commissioner on the conclusion of the Conference on Fair Use." 1998.
http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf"CONFU: The Conference on Fair Use", 1999.
http://www.utsystem.edu/ogc/intellectualproperty/confu.htmCrews, Kenneth D. "New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act" [Published as part of Distance Education and the TEACH Act by the American Library Association ]
http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/distanceeducation.htmField, Thomas G., Jr. "Copyright in Visual Arts." Concord, NH Franklin Pierce Law Center, 1998.
http://www.fplc.edu/tfield/CopyVis.htm"Final Report to the Commissioner on the Conclusion of the Conference on Fair Use " November, 1998.
http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdfGeller, Paul Edward. "Paul Geller: sample articles and other works posted here" [Articles page - various articles on intellectual property and copyright, including international intellectual property law]
http://www-rcf.usc.edu/~pgeller/Indiana University, Copyright Management Center. "Favorite Links of the CMC" [copyright resources]
http://www.copyright.iupui.edu/favelinks.htmTysver, Daniel A., "Fair Use in Copyright" from: Bitlaw: A Resource on Technology Law c1996-1999
http://www.bitlaw.com/copyright/fair_use.htmlUniversity of Texas, Copyright Management Center. "Copyright in the Library."
http://www.utsystem.edu/ogc/intellectualproperty/l-intro.htmU.S. Copyright Office, Reproduction of Copyrighted Works by Educators and Librarians, Circular 21 Dec. 27, 1995.
http://lcweb.loc.gov/copyright/circs/circ21.pdf
This report requires an Acrobat Reader, available on the Library of Congress site."Will We Need Fair Use in the 21st Century?", c1997.
http://www.utsystem.edu/ogc/intellectualproperty/fair_use.htm
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This page is maintained by Lorre Smith
Comments to mailto:LSmith@uamail.albany.edu
Lorre's blog - largely on copyright and not as selective as this page.
Update March 12, 2007