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Copyright and Copying Guidelines
COPYRIGHT and COPYING: The library has copiers, computers, scanners and printers. Here are some things to bear in mind, while using and/or copying pages from books, articles, webpages and other library resources.
Almost everything you use is copyrighted, whether it is in print form or online.
The Copyright Act of 1976 (
17 US § 107
) gives an author copyright protection as soon as a work is "fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device."
If it is written on a piece of paper, stored on a computer, etc. it is automatically copyrighted. Works no longer require a copyright notice, or copyright registration.
Copyright in General
Fair Use allows copying for purposes such as criticism, comment, news reporting, teaching, scholarship and research.
There are limitations to determine whether your use or copying
is Fair Use
. (Remember if you are going to use information in a research paper, it is essential to give credit to the author or creator of the work with proper citations. Don't plagiarize. Write down the source information needed for your citation when you copy or print material.)
Four Factors of Fair Use
: There are four factors to evaluate and weigh in determining whether Fair Use applies to how you are using a work. (
Copyright Act of 1976, 17 US § 107
If any of the factors fail then Fair Use does not apply
Ways to Determine Passing versus Failure of Fair Use Factors
PURPOSE and character of the use
nonprofit educational purposed; research, scholarship, criticism, comment, transformative use (example changing work to create a spoof of hamlet), teaching (restricted access only to students)
commercial activity, profiting from use, denying credit to the original author (check plagiarism and citation resources)
NATURE of the copyrighted work
work, not what you are doing.)
their work is: a published work; nonfictional or factual research based on scholarship; a significant research work
their work is: an unpublished work; a highly creative work such as art, music, films, plays, novels, fiction. The more creative their work is the less likely Fair Use can be claimed.
AMOUNT of the work copied
using a small part; the part used is not central to their work; the amount used is appropriate for the educational purpose.
a large part or the entire work is used; the part used is central or significant to the work.
EFFECT of the copying on the value or potential market for the original work
one or only a few copies made; user owns a purchased legal copy (making a backup copy for preservation); will not impact the potential market for the original work.
could replace sale(s) of the original work; numerous copies made; put on web or social media; repeated or long term use of the work; impacts market for original work; copy can be purchased or licensed at a reasonable price.
COPYRIGHT and LIBRARIES:
: The copyright law (17 US § 108(g)(2)) allows libraries to share books and articles between libraries as long as the library does not do so in such amounts that it substitutes for a subscription or purchase of the work.
When the library borrows a photocopy article, it must indicate on the request whether the library is following the CCG (Compliance CONTU Guidelines) or the CCL (Compliance Copyright Law) copyright compliance.
CCG compliance (
articles published within the last 5 years
. For each magazine/journal Title (to which they do not subscribe), a library may request up to five articles published within the last five years. When the library has reached the CONTU limit, they can buy their own subscription, choose not to fill additional requests for articles from the magazine/journal title or pay a copyright fee if they want to borrow additional copies.
CCL (Compliance Copyright Law) covers articles published more than the last 5 years. It does not limit the number borrowed, but (17 US § 108(g)(2)) still applies. The amount or extent of the copying should not substitute for purchase or subscription to the magazine/journal.
: Libraries (under specific conditions) of the Copyright Act (
17 US § 108
), have the right to preserve works by copying them so the work is not lost.
UNSUPERVISED COPYING EQUIPMENT
: Libraries post a copyright notice on equipment, to comply with the Copyright Act (
17 US § (f)(1)
), the act says that posting the notice gives the library important protection under the law.
To learn more about Copyright and Fair Use go to WVSU's
Copyright and Fair Use Guide