FAQs on Copyright

Gretchen Pearson
Head of Public Services, Noreen Reale Falcone Library, x4154

Le Moyne College Copyright Officer

 

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I use questions I receive from faculty and administrators, and occasionally copyright officers at other institutions, to create this page. Please let me know if you would like to see other questions dealt with here.

What's new in Copyright, Fair Use, and Intellectual Property?

1. What is fair use? Does it mean I can use anything for educational purposes in a non-profit institution?
2. When does the copyright expire on this publication?
3. Can I put this article/photo/music on my personal web page?
4. Can I put this on my web page or Blackboard for my students to use this semester?
5. Can I make copies and hand them out in class?
6. When do I hand it out in class and when do I put it on reserve?
7. How do I get permission to: a) use this in an article I'm writing? (b) hand this out in class? (c) put this on reserve?
8. Is there an alternative to paying royalties year after year for something?
9. Can I show my own videotapes in class? Put them on reserve?
10. Can I put a rented video on reserve? Can I show it in class?
11. My colleague gave me permission to use her article in my class--is that sufficient?
12. Can I put this image of the Mona Lisa on my web page? What about the Picasso painting?
13. Can I show this Library video to a group?
14. What do I do if the copyright hasn't expired, but the publisher is out of business and the author is dead?
15. I just read an article in today's Wall Street Journal; can I photocopy it and hand it out in class?
16. We’re an academic institution with a chapel on campus. Can we perform musical works in the chapel without permission?
17. "May I copy your copyright policy to be used in my institution?"

1.

Fair Use is perhaps the most-misunderstood facet of ©. From the definition in the Policy: "the right to reasonably use copyrighted materials without consent of the copyright owner, usually for scholarship, teaching, research, or criticism. There are four factors to consider in determining whether a particular "use" is "fair:" "(1) the purpose and 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; and (4) the effect of the use upon the potential market for or value of the copyrighted work." What is commonly not understood is that all four factors must be considered, but not always weighted equally. (Bruwelheide, 1995). The Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with respect to books and periodicals (HR 94-1476) were developed to provide a minimum standard for fair use. The three factors in these guidelines are: 1. Brevity Numerical limits have been suggested for various types of works (prose, poetry, illustration). However, these limits may be expanded to permit the completion of a line of poetry or a paragraph. 2. Spontaneity Copying must be at the instance and inspiration of the individual The decision to use the work must be so close in time to the use that it would be unreasonable to expect a reply to a request. 3. Cumulative Effect Used only for one course Only one poem, article, story, essay, or two excerpts from the same author; no more than three from the same collective work or periodical volume during one class term. No more than nine instances of multiple copying for one course during one term. Prohibitions Copying cannot replace or create an anthology. Multiple works in this case are prohibited whether they are gathered together, or distributed individually. Students may not be charged for costs beyond the cost of the photocopying. Copies may not be used more than one term without permission. "Consumables" (e.g. tests, lab reports) cannot be copied.   Fair use is dealt with extensively in the law (17 U.S.C.A. 107), and each factor has been tested in court. Most of what you find under Fair Use in our policy is taken directly from the law. For additional insight and information, please go to the Electronic Frontier Foundation's page on Fair Use.

 

2. When does the © expire on a work?

This is a complicated question to answer, since the answer depends on when the work was originally copyrighted and whether it was renewed prior to 1978.

Works created on or after Jan. 1, 1978: life of author plus 70 years (thanks to Sonny Bono it’s much longer than it used to be). Copyright cannot be renewed for works created after 1/1/1978. For other works, Mary Brandt Jensen, director of the law library and professor of law at University of Mississippi, created a time line that deals with publications since 1790, to be found in The Copyright Primer, 2^nd ed., p. 5. Dr. Lolly Gasaway has also prepared a very useful chart which can be found at the University of North Carolina.

3. Can I put "this" on my personal  web page?

Remember that putting something on a web page is essentially republishing it, and permission may be necessary, especially in the case of images.

4. Can I put this on my web page or Blackboard for my students to use this semester?

Similar to #3, but your audience is restricted to a class, so you may do this once without getting permission. Successive semesters require permission from the copyright holder. Remember that placing an item on reserve in the library makes it accessible online, and the library staff will take care of permissions. From Blackboard, you can make a link to the item.

5. Can I make copies and hand them out in class?

You can, but only for one semester (for any number of sections being taught by you). The next semester you wish to hand it out in class, you must get permission. Remember that placing an item on reserve in the library makes it accessible online, and the library staff will take care of permissions. From Blackboard, you can make a link to the item.

6. When do I hand it out in class and when do I put it on reserve?

Hand it out in class if it’s the first time you have done this, and the item is timely. For instance, you read an article in the Wall Street Journal this morning, and it’s on the topic you are discussing in class this evening. If you decide to use the same article next semester, permission must be sought.

However, the Library subscribes to the Wall Street Journal, so placing it on reserve for successive semesters does not require permission, but handing it out in class does.

The faculty secretaries will not seek permission to reproduce materials owned by the Library to be handed out in class, and the copy center will not make multiple copies. In other words, the College does not wish to pay twice for the same material. If the copying for class does not follow the fair use guidelines (all of them), it is a violation of the copyright law to make copies for someone else without permission.

7. How do I get permission to: a) use this in an article I'm writing? (b) hand this out in class? (c) put this on reserve?

a & b) Ask the faculty secretary to get permission for you. (c) fill out a reserve form and give it, with your syllabus give it to the Circulation Services Supervisor (print material) or to the Media Services Supervisor (audio-visual material). They will take care of any permission required.

8. Is there an alternative to paying royalties semester after semester for something?

Yes, the Library can try to purchase the item in order to make it available for your class or work.

9. Can I show my own videotapes in class? Put them on reserve?

If the videotape is purchased, you may show it as often as you like. If the videotape was taped from a broadcast, you may show it only within ten days of the broadcast. After that, permission must be sought, or the program must be purchased.

10. Can I put a rented video on reserve? Can I show it in class?

Rented videos cannot be placed on reserve in the Library, but can be shown in class.

11. My colleague gave me permission to use her article in my class--is that sufficient?

Maybe, if she owns the copyright. Most authors of articles sign over (give away) the copyright to their work, so permission may be necessary from the publisher.

12. Can I put this image of the Mona Lisa on my web page? What about the Picasso painting?

Mona Lisa: yes, provided you took the photo that you are scanning in. If you get the image from elsewhere, the reproduction may be copyrighted.

Picasso: no, all of Picasso’s work is protected by his heirs, and requires permission.

Obviously, if this is for an assignment, then it is acceptable, but the web page must be made available only to others in the class or limited group. If your web page is available to the general public, you have essentially republished the image and may need permission.

13. Can I show this Library video to a group?

If the group is limited to a campus group of students, faculty, administrators: yes. If you are advertising and opening the showing to the public, even if you don’t charge: no.

14. What do I do if the copyright hasn't expired, but the publisher is out of business and the author is dead?

I don’t know, but let me make an educated guess. You should make every attempt to search the Copyright Office archives for information, to contact the publisher and author, and to keep documents showing that you have done this. Then you may use the work, with some caution. For instance, you are probably safe photocopying the work and placing it on reserve, or handing it out in class.

15. I just read an article in today's Wall Street Journal; can I photocopy it and hand it out in class?

Yes, see question 6.

16. We’re an academic institution with a chapel on campus. Can we perform musical works in the chapel without permission?

Yes. The performance may also take place elsewhere on campus provided that the performance is part of a formal religious assembly (for instance, the Baccalaureate service prior to graduation, held in the athletic center).

17. "May I copy your copyright policy to be used at our institution?"

The short answer is no, since it is specific to our institution, and is of course covered by copyright law. However, you are welcome to adapt it, using our policy as a model, for your own institution. You may contact the Copyright Officer for more information. We strongly encourage you to consult your own institution's lawyers when creating your own policy. And finally, we would appreciate knowing that you have done this, and what you have done with your own policy.

Author: Gretchen Pearson
Head of Public Services, Noreen Reale Falcone Library, 315.445.4154

updated 19 December 2003