Copyright & Fair Use
What is Copyright?
The following sections are based on the U.S. Copyright Office <http://lcweb.loc.gov/copyright/>,
the American Library Association Model Policy Concerning College
and University Photocopying for Classroom, Research and Library
Reserve Use (1982) <http://www.cni.org/docs/info.policies/ALA.html>; Fair Use of Copyrighted Works, produced by the CSU-SUNY-CUNY
Joint Committee of the Consortium for Education Technology
for University Systems (CETUS) (1996) <http://www.cetus.org/fairindex.html>
and When Works Pass Into the Public Domain by Laura Gasaway
(1998) <http://www.unc.edu/~unclng/public-d.htm>. Stanford University Libraries has an excellent and comprehensive
Copyright & Fair Use web site that is well-worth consulting <http://fairuse.stanford.edu/>. For a Crash Course in Copyright, visit the University
of Texas site <http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm>. What is Copyright?Copyright is a property right established by the Constitution, designed to promote the progress of science and art by ensuring that the author of information and/or creative works may reap the benefits of his or her original work for a specific period of time. Works of authorship include the following: literary works; musical compositions including the lyrics, if any; dramatic works; pantomime and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audio-visual works; sound recordings; and electronic information. Copyright laws give the author/owner of original works exclusive right to do and to authorize any of the following:
Determining Copyright Protection & Public Domain*The "Term Extension Act" has extended the years of copyright protection and has complicated the process of determining when a work comes into the public domain. In general:
Licensed Resources, Full-text Documents , Web Pages & CopyrightThe Hunter Libraries and CUNY subscribe to many electronic resources including Project Muse, Academic Search Premier, and LexisNexis, where Hunter students, faculty and staff can access full-text documents. With more and more faculty developing course web pages, it is important to point out that, generally, licensing agreements prohibit copying or downloading these documents and making them available electronically on a course web page. However, faculty may include links to the URLs for these documents on the course web page that will lead students to the resources. Although the stability of the URLs varies from database to database, there are ways of making the links to documents "semi-persistent." Professor Manfred Kuechler, Sociology, has developed a very useful step-by-step guide to this process in his Optimizing a Course Web Page: Didactic, Legal, and Technical Issues (1999) <http://maxweber.hunter.cuny.edu/socio/deep-linking.htm>. Access to full text documents has been complicated by New
York Times v. Tasini (2001) in which the Supreme Court affirmed
the copyright privileges of freelance writers whose works were originally
published in newspapers and periodicals and then licensed by the
publishers to commercial electronic databases. Commercial databases,
including Academic Search Premier and LexisNexis, have responded
to this ruling by removing those documents whose electronic rights
are not owned by the publishers. Because publishers began negotiating
the electronic rights with freelance writers in the mid-1990s, the
Tasini decision generally affects work published before
that time. It is important to note that this decision does not affect
documents in newspapers and periodicals that are on microform. What is Fair Use?The rights accorded to the owner of a copyright is subject to certain limitations found in sections 107 through 120 of the Copyright Act. One of the more important limitations is the doctrine of fair use, which is specifically applicable to teaching, research, and scholarship. Section 107 outlines four factors to be considered in determining whether or not a particular use is fair:
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. For additional information on fair use, see Fair
Use of Copyrighted Works <http://www.cetus.org/fairindex.html>
Fair Use for Classrooms & Library ReservesThe ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use states: "At the very least, instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class:
Library Reserves Copyright PoliciesAt the request of a faculty member, photocopies of articles or chapters of books may be placed on reserve. Under fair use provisions as established by U.S. Copyright law, photocopies of these materials may be made without requiring permission from the copyright owner if the materials are being placed on reserve for the first time. One copy for every 10-15 students is the number recommended in the ALA Model Policy. Faculty must furnish the photocopies to be placed on reserve. In general: repetitive copying: The reserve or classroom use of reproduced materials for successive semesters will normally require advance permission from the copyright owner. copying for profit: Faculty should not charge students more than the actual cost of photocopying the material. consumable works: The duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner. creation
of anthologies: Creation of a collective work or
anthology by photocopying a number of copyrighted articles and excerpts
to be purchased and used together as the basic text for a course
will in most instances require the permission of the copyright owners.
|
| [letterhead stationery or return address]
[Date] [Name & address of addressee] [If you called first, begin your letter: This letter will confirm our recent telephone conversation.] I am [describe your position] at Hunter College of the City University of New York. I would like your permission to [explain your intended use in detail, e.g., reprint the following article in a coursepack for my course]. [Insert full citation to the original work.] Please indicate your approval of this permission by signing the letter where indicated below and returning it to me as soon as possible. My fax number is set forth above. Your signing of this letter will also confirm that you own [or your company owns] the copyright to the above described material. Thank you very much. Sincerely, [Your name and signature] PERMISSION GRANTED FOR THE USE REQUESTED ABOVE: [Type name of addressee below signature line] Date: |
* Taken from Fair Use of Copyrighted Works: A Crucial Element
in Educating America<http://www.cetus.org/fairindex.html>
Instructions for Permission Letters*
1. Be sure to include your return address, telephone number, fax number, and the date at the top of the letter.
2. Spare no effort in confirming the exact name and address of the addressee. Call the person to confirm the copyright ownership.
3. Clearly state the name of your university and your position.
4. Precisely describe the proposed use of the copyrighted material. If necessary or appropriate, attach a copy of the article, quotations, diagrams, pictures, and other materials. If the proposed use is extensive, such as the general use of an archival or manuscript collection, describe it in broad and sweeping terms. Your objectives are to eliminate any ambiguities and to be sure the permission encompasses the full scope of your needs.
5. The signature form at the end of the sample letter is appropriate when an individual grants the permission. When a company (such as a publishing house) is granting the permission, use the following signature format:
PERMISSION GRANTED FOR THE USE REQUESTED ABOVE:
[Type name of company]
By:
Title:
Date:
* Taken from Fair Use of Copyrighted Works: A Crucial Element in Educating America<http://www.cetus.org/fairindex.html>