Copyright Information
U.S. Copyright Law
U.S. Copyright Law (Title 17, U.S. Code) governs the use of copyrighted works. A copy of the law can be found at the United States Copyright Office Web site or at the Cornell University Legal Information Institute site.
The 1998 Digital Millennium Copyright Act was passed by the U.S. Congress on October 12, 1998 in response to the World Intellectual Property Organization (WIPO) 1996 copyright treaty. The Association of Research Libraries has created a helpful site on the Digital Millennium Copyright Act .
The TEACH Act Defines new opportunities for distance education to use copyrighted material without obtaining permission. For an explanation of this act see the article, “New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act ” prepared by Kenneth D. Crews for the ALA.
Copyright Law Overview
The United States Copyright Office Circular 21 Reproduction of Copyrighted Works by Educators and Librarians
American Library Association-Washington Office
American Research Libraries has written, “TIMELINE:A History of Copyright in the United States ”
What is covered by the Copyright Law?
Laura Gasaway's Public Domain Chart can help you figure out if a work is still protected by copyright.
Also helpful is The United States Copyright Office Circular 22, “How to Investigate the Copyright Status of a Work”
Fair Use
The Fair Use Doctrine is outlined in Title 17, Chapter 1, Sections 107 and 108. It is important to note that just because a copy is made for an educational purpose does not necessarily mean that it falls under fair use. There are four factors that must be weighed to determine if a copy may be made without obtaining permission:
1. The purpose or character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
Check out the North Carolina State University Fair Use Considerations Worksheet ( to help you apply the fair use doctrine.
Stanford’s Copyright and Fair Use Site
The Copyright Management Center from Indiana University-Purdue University, Indianapolis provides a lot of useful copyright information including fair use.
Obtaining Permission
To obtain permission to use a copyrighted work, the copyright holder must be contacted. You can do this yourself or you can pay the Copyright Clearance Center, Inc. to try and obtain it for you.
Copyright Clearance Center, Inc (CCC) works as a middleman obtaining permissions from the copyright holder for your use. However, they are not able to obtain permissions for everything.
Tutorial
The University of Texas put together a great tutorial called the “Copyright Crash Course ."
Current Legislation and Court Cases
Thomas:Legislative Information on the Internet: Current legislation of the Senate and House of Representatives
United States Supreme Court:Follow cases brought before the Supreme Court.
Recommended Books available at Shapiro Library
Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. Chicago: American Library Association; National Education Association, 1995. Z649.F35 B78 1995
Crews, Kenneth D. Copyright Essentials for Librarians and Educators. Chicago: American Library Association, 2000. KF2995 .C74 2000
Stim, Richard. Getting Permission: How to License & Clear Copyrighted Materials Online & Off. Berkeley: Nolo.com, 2000. KF3024.C6 S75 2000
Talab, R. S. Commonsense Copyright: a Guide for Educators and Librarians. Jefferson, NC: McFarland & Co., 1999. KF2994 .T36 1999